17.1.b. In the event of a layoff or reduction in force, employees shall be laid off according to seniority. Employees with the least seniority will be laid off first in accordance with Article XVIII.3 (18.3). Recall will be in reverse order provided the greater seniority employee possesses the specific qualifications, ability and training necessary to perform the available work in accordance with position specifications.
18.3.1 Any employee exercising his/her seniority under these provisions must possess the necessary qualifications, ability, training or equivalent experience needed to perform the work of the position. Any question concerning qualifications of an individual to displace another employee will be finally adjudicated by a three member committee consisting of one member appointed by the Association President, one member appointed by the University President and one member appointed by the University President subject to the approval of the President of the Association.
18.4 Any employee who has been laid off shall be notified of the opportunity for re-employment in the same or a similar position for one (1) year from the date of layoff, and must accept such offer within thirty (30) days. Seniority shall continue in effect to any employee who is laid off.
18.5 Recall will be in reverse order of layoff provided the greater seniority employee possesses the specific qualifications, ability and training necessary to perform the available work in accordance with the official job description.
18.7 The University will make every effort to the maximum extent possible to utilize existing funded vacancies within the bargaining unit and to place employees who would otherwise be laid off in those positions.
18.8 An employee who has been laid off shall be given preferential employment rights to any newly-created or vacant position within the bargaining unit provided he/she is qualified for the position.
20.5 In the event a member of the bargaining unit is recalled from layoff within one year of the effective date of layoff, his/her sick leave balance as of the date of said layoff shall be reinstated.
V. MEMORANDUM OF AGREEMENT
Between
THE UNIVERSITY OF RHODE ISLAND PROFESSIONAL STAFF ASSOCIATION
(URI/PSA/NEARI/NEA)
And
BOARD OF GOVERNORS/UNIVERSITY OF RHODE ISLAND
The following will apply to recall procedures for all individuals subject to recall within the provisions of the collective bargaining contract. It specifically clarifies provisions of Article XVIII.
1. Management agrees that, consistent with the contract, Management will notify and discuss all anticipated layoffs with the Union. A representative of the Personnel Office and a representative of the Union will meet with the laid-off employee (if he/she desires a meeting) and advise him/her of their contractual rights after the need to lay off has been determined. Copies of all layoff notices will be sent to the Union.
2. The Union agrees to maintain a recall list, that is, a list of all individuals who have been laid off and who desire to be placed on recall. Those individuals who desire to be placed on the recall list, shall submit their name to the Union office. The Union shall periodically update this list and give a copy of same to The University Personnel Office.
3. Individuals who are on the recall list, are responsible for maintaining a correct current address with the Union.
4. The Office of Human Resource Administration will forward to the Union a copy of The University Affirmative Action Form “A” Vacancy Declaration for all bargaining unit positions which are posted.
5. The PSA/NEA agrees to send to all persons on their list, the job descriptions as outlined in the Affirmative Action Form “A”.
6. Individuals who elect to apply for a position sent to them by the PSA/NEA which is the same or similar position previously held, or a position for which they are qualified in accordance with Article XVIII.5 will do so within the time limits noted on the posting. Their application will contain the statement at the top:
“that they are exercising recall rights in accordance with the PSA/NEA contract”
The individual will forward this to the Office of Human Resource Administration with a copy to PSA/NEA.
7. The Office of Human Resource Administration shall submit to the screening committee/interviewer copies of thos applications coming from individuals on the recall list. The screening committee/interviewer must declare whether the individual meets the specific qualifications and has the ability and training necessary to perform the availablework in accordance with position specifications or not. If the individual meets the specific qualifications and has the ability and training necessary to perform the available work in accordance with position specifications, that individual will be hired in accordance with the contract. If more than one individual from the recall list has applied, the most senior employee who is so qualified shall be offered the position. If the individual is deemed not to be qualified by the screening committee/interviewer, the committee/interviewer shall put in writing the reasons, and it shall be signed by the appropriate administrative representative and returned to the Office of Human Resource Administration, the individual, and the Union.
8. If all individuals from the recall list were deemed by the screening committee as not having the specific qualifications, ability, and training necessary to perform the available work in accordance with position specifications and the appropriate administrative representative signs in agreement, the remaining applications will be released for review. If the Union or the individual employee wishes to challenge the issue of qualifications, they may do so utilizing Article XVIII.3.1 of the existing PSA/NEA Contract by notifying the Office of Human Resource Administration within ten calendar days of such decision. If the committee agrees by majority vote with the decision of the screening official/Dean, said decision shall be final and not subject to grievance or arbitration. If the committee by majority vote does not agree with the decision of the screening official/Dean, said decision shall be overturned and the position shall be offered to the individual deemed qualified. The decision of the committee is final and not subject to grievance or arbitration.
9. Staff members on the recall list who accept a temporary appointment(s) shall not be removed from said recall list during said temporary appointment(s).
10. Temporary employees hired to replace a member of the bargaining unit on leave shall not be subject to the layoff or recall provisions of the contract.
11. If two people of equal seniority are deemed qualified and apply for the same position, the person who is judged to be the more qualified by the Dean shall be hired; said decision shall not be grievable or arbitrable.