Agreement Reached on Layoffs, Ratification Vote Needed

PSU-AAUP Executive Council (EC) voted to recommend ratification of the Agreement reached over the effects of reductions in Intensive English Language Program (IELP).

On December 7, 2017 we reported on our progress to an agreement with Administration on the effects of layoffs in IELP. In our agreement we also sought to further clarify layoff procedures for employees (covered under Article 18 Section 2). We have completed bargaining and on May 4th we executed a Memorandum of Agreement on the matter.

The PSU-AAUP EC voted on Thursday May 10th to approve the Memorandum of Agreement, pending some revisions, which the Administration accepted on May 16th.

PSU-AAUP membership needs to ratify this MOA. Look for the emails announcing the ratification vote, and then the ballot from Electionbuddy.

The MOA provides needed clarifications to Article 18, Section 2 of our Collective Bargaining Agreement with PSU:

Layoff and Recall

1. “Continuous service,” for purposes of layoff and recall, means time worked at PSU in a position that annualizes at 0.5 FTE or greater. 

1. Should members subject to layoff and recall have the same seniority date, then the order of seniority for that seniority date shall be determined by the sequence of numbers in their PSU ID number. Members will be laid off from highest PSU ID number to lowest PSU ID number, and shall be recalled from highest PSU ID to lowest PSU ID number.

Layoff

1. If a faculty member receives a notification of termination pursuant to Article 18 Section 2 (e)(3)(iii) and was eligible for and had submitted a portfolio for promotion review, or were in their 6th year of probationary service and were eligible for continuous appointment, or were eligible pursuant to Letter of Agreement #12 and submitted their portfolio for continuous appointment review, those reviews shall proceed without respect to the termination notice.
   1. If the faculty member achieves promotion or continuous appointment, they shall be considered to be in the new rank or employment status awarded pursuant to the recall procedures in Article 18, Section 2(e)(3)(v) and this Agreement.
   2. If the probationary employee applying for continuous appointment is not awarded continuous appointment, they shall be terminated consistent with the termination notice of Article 18 Section 2 (e)(3)(iii) and this MOA.
2. For employees who are placed on the recall list pursuant to Article 18, Section 2 (e)(3)(v):
   1. Acceptance of any job at PSU, other than the NTTF position from which they were laid off, will not impact their position on the recall list.

Recall

1. For employees recalled to their position pursuant to Article 18, Section 2 (e)(3)(v):
   1. The time spent on the recall list will not count as a break in service. Time on the recall list shall be considered the same as a leave without pay and all members laid off shall retain benefits and privileges of a member on leave without pay (consistent with Article 22, Section 5 (d)).
   2. Upon recall, the University will return the employees to the contract type and rank, ­with the same contract provisions, as in the individual contract from which they were terminated.
   3. Upon return to service, employees who had completed the six-year probationary period will not be required to complete a new six-year probationary period.
   4. Upon return to service, employees who were in the six-year probationary period will return to their probationary period at the point of exit upon termination.
2. The parties agree that the above elements will be added to the Collective Bargaining Agreement when the successor agreement is being compiled. The parties will determine at that time how best to include the language in the body of the CBA.

To address the effects of the reduction in force that are specific to IELP reductions in force that were noticed in the 2017-18 academic year, the parties agree as follows:

1. All instructional NTTF faculty members in IELP are considered equivalent positions regardless of rank or continuous employment status for the purpose of Article 18, Section 2 (e) (3) (ii).

All IELP faculty members who are given notices of termination pursuant to Article 18 Section 2 (e)(3)(iii) shall be placed on the recall list.