8.1
A. Professional Vacancies. The College shall post prominently a notice of any vacancy in a permanent full-time professional position at the College. Such notice shall be posted prior to or concurrently with publication elsewhere and shall include the duties and desirable qualifications for the position. Qualified bargaining unit members shall be given consideration equal to others in filling such vacancies.
B. Upon request by the Association, the College shall provide the unit designation for any vacancy in a full-time professional position.
C. The College maintains its right to determine the level of services to be offered.
D. The College may transfer vacant bargaining unit positions to a different School, department, or title.
8.2 Transfers.
A. Definition.
1. A transfer for a teaching faculty member is a move to a different academic School with the same professional rank.
2. A transfer for any non-teaching faculty member is a move to the same or a different job title in a different department or School at the same grade.
B. An employee may be transferred to perform duties for which, in the opinion of the College, they are qualified. Before such transfer is acted upon by the Board of Trustees, the employee has the right to discuss the proposed transfer with the College Administrator(s) concerned.
8.3 Seniority. For the purposes of retrenchment, seniority shall apply as follows:
A. A bargaining unit member will accumulate seniority based upon initial date of appointment to a bargaining unit position.
B. If an employee moves to a position represented by the Association of Mohawk Valley Administrators, the employee shall maintain seniority the same as existed on the day of appointment to the new position. Upon return to the bargaining unit, the employee shall resume accumulation of seniority.
8.4 Retrenchment.
A. Identification of Retrenched Employee.
1. Teaching Bargaining Unit Members
a. Teaching faculty within the same course group shall be terminated in the reverse order of their accumulated seniority. For purposes of retrenchment, a course group shall consist of all courses with the same alphabetic prefix (e. g., MA) eligible for assignment on load or for compensation at the overload rate. In the event of any change in alphabetic prefix or any creation of a new alphabetic prefix, the College shall notify the Association in writing within five (5) business days of the College’s final determination or the College’s receipt of notice from an external agency. Initial assignment of an employee to a course group, or reassignment of an employee to a course group, shall exclude any course group in which that employee’s assignments have been exclusively overload assignments under paragraph 5.6.C.
(1) A teaching faculty member shall be assigned to the course group in the employee’s current School which contains the greatest proportion of contact hours taught by the employee within the current and five prior academic years.
(2) If a teaching faculty member has equal contact hours in two or more course groups within the employee’s current School, the employee shall be assigned to that course group among the groups in which the tie exists on the basis of the section scheduled first in the most recent term.
b. There shall be no retrenchment of a member of the teaching faculty assigned to a course group until the elimination of all overload and part-time teaching in that course group unless no member of the faculty assigned to that course group is qualified to teach such courses as determined by an accrediting agency .
c. In the event that the Employer undertakes a retrenchment, a teaching faculty member subject to retrenchment shall be known as an identified employee.
(1) Prior to retrenching the identified employee, the Employer shall reassign the identified employee as hereunder.
(a) If the identified employee has teaching experience in multiple course groups, reassignment shall be to the course group within the current School which contains the next greatest proportion of contact hours taught by the employee until all reassignment possibilities within that School are exhausted.
(b) If the identified employee has equal contact hours within two or more course groups within the current School, the employee shall be assigned to that course group among the groups in which the tie exists on the basis of the section scheduled first in the most recent term.
(c) Subsequently the employee shall be reassigned in the same way to course groups in which the employee has taught while a member of a department or School offering the courses in that group, no matter where that course group is now.
(2) Within the reassigned group a teaching load shall be made available to the identified employee at the expense of part-time teaching and overload teaching unless no member of the faculty assigned to that course group is qualified to teach such courses as determined by an accrediting agency.
(a) If the elimination of part-time and overload teaching creates less than a full teaching load, the identified employee, if not the least senior person in that course group, shall displace the least senior person in that course group.
(b) If least senior, the identified employee shall continue to be reassigned as herein until eligibility for reassignment is exhausted. At that point the identified employee becomes a retrenched employee.
2. Non-Teaching Bargaining Unit Members
a. Non-teaching bargaining unit members within the same department or School and with the same title and whose job duties require the same or similar qualifications shall be terminated in reverse order of their accumulated seniority. Upon final approval of any elimination, creation, or consolidation of department(s) or School(s), the College shall notify the Association in writing within five (5) business days.
b. There shall be no retrenchment of a non-teaching bargaining unit member until the elimination of part-time professional employment and on-going compensatory time within the employee’s title until less than a full work load remains.
c. In the event that the Employer undertakes a retrenchment, a non-teaching bargaining unit member subject to retrenchment shall be known as an identified employee.
(1) Prior to retrenching the identified employee, the Employer shall reassign the identified employee to a bargaining unit position previously held and currently staffed. If the identified employee has held multiple positions, initial reassignment shall be to the most recent position which the employee has previously held.
(2) Within the reassigned position, a work load shall be made available to the identified employee at the expense of part-time professional work and on-going compensatory time.
(a) If the elimination of part-time professional work and on-going compensatory time creates less than a full work load, the identified employee, if not the least senior person in that position, shall displace the least senior person in that position.
(b) If least senior, the identified employee shall continue to be reassigned as herein until eligibility for reassignment is exhausted. At that point the identified employee becomes a retrenched employee.
B. Notification of Retrenchment
When the number of teaching bargaining unit employees is to be reduced, the Employer will, in writing, notify those employees affected by five (5) business days after the April Board meeting prior to the effective date of retrenchment. When the number of non-teaching bargaining unit employees is to be reduced, the Employer will provide not less than six (6) months written notice thereof prior to the effective date of retrenchment.
C. Rights upon Retrenchment
1. In the event less than a full workload remains after the redistribution of functions, duties and services resulting from the retrenchment, a part-time opportunity exists.
a. Unless the retrenched full-time employee is not qualified, the College shall firstly and once offer such part-time opportunity to that employee.
b. In the event that the retrenched employee is not qualified for or refuses the part-time opportunity, the College shall once offer the functions, duties and services of the part-time opportunity to bargaining unit members, unless not qualified, as an increase or change in the workload of the employee(s) for appropriate compensation.
c. In the event that functions, duties, and services of the part-time opportunity remain unstaffed after the application of the above, the College may offer part-time employment to a non-unit member.
d. Upon the separation of the non-unit member, the College will repeat steps b and c above.
2. Upon notification of retrenchment an employee will receive primary consideration for:
a. Transfer to an available position;
b. Retraining for assignment to an available position;
c. Fulfillment of the employee’s work obligation by performing available work both within and outside of the employee’s current department or Center and/or during summer sessions;
d. In any of the foregoing instances, the employee must be qualified as determined by the Board; the opportunity applies to work within and outside of the employee’s current job title; the performing of such services does not constitute a transfer; the opportunities shall be at the expense of overload assignments and part-time employees.
3. A retrenched employee shall be provided a waiver of tuition (after the contribution of any grants-in-aid up to the cost of tuition) and fees credited to College revenue accounts for enrollment at MVCC in up to sixty four (64) credit or non-credit remedial hours or five (5) years, whichever comes first, provided that such retraining begins within one (1) year of the date of retrenchment. A retrenched employee pursuing a certificate or degree program will be required to matriculate and apply for financial aid.
D. Rights Subsequent to Retrenchment
For three (3) years following retrenchment, a retrenched employee shall have preferred eligibility for an available full-time position for which the employee is qualified, either in or outside of the employee’s title, department, Center , or course group. If a retrenched employee is rehired to the same or a previously held full time bargaining unit position or title, the employee maintains all rights and seniority less time of lay-off. If a retrenched employee assumes a different position or title, the employee is considered a new hire and loses previously accumulated seniority.