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LAYOFFS AND RIFS

LAYOFFS AND RIFS. YOUR RIGHTS AND OBLIGATIONS . Alan J. Frey. Definitions. RIF’s – Reduction in Force Strict numeric reduction of faculty based on the numeric decline in student population.

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LAYOFFS AND RIFS

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  1. LAYOFFS AND RIFS YOUR RIGHTS AND OBLIGATIONS Alan J. Frey

  2. Definitions RIF’s – Reduction in Force Strict numeric reduction of faculty based on the numeric decline in student population. A ten percent reduction in FTES would generate the ability to reduce faculty by an equivalent ten percent. Pure seniority prevails- last ten percent hired would be first to go.

  3. Definitions • PKS- Particular Kind of Service • The elimination of specific courses or programs. • District may do this at any time they feel that a program or service is not necessary. • Common approach would be to eliminate the nursing program or 50% of the instructors in the English department.

  4. Constraints • With a RIF there must be a reduction in the student population • With a PKS they must actually reduce the offerings they claim- the work cannot be assigned to another faculty or outsourced.

  5. The Pecking Order • 1st – Substitutes • 2nd – Part-time faculty • 3rd- All temporary faculty • 4th – Non-tenured faculty • 5th- Tenured faculty

  6. The Process • All RIF’s and PKS notifications must take place prior to midnight on March 15th. • The Board of Trustees must vote. • The notices to faculty must comport with the requirements of the Education Code.

  7. The Notice • Generally sent by certified mail. • Not picking up your notice does not help • The notice will include the recommendation of the Superintendent on which the trustees voted, a copy of the relevant education codes, and a request for a hearing form. (7 days)

  8. File the request for hearing • Failure to request a hearing waives your rights to claim bumping privileges and your right to future reemployment should openings occur. • Once you have requested a hearing you will receive an accusation, and a notice of defense form. (5 days)

  9. The Accusation • Not as bad as it sounds • Specifies the nature of the layoff as to the services discontinued and how it affects you.

  10. THE HEARING • Layoff hearings are held before a judge from the State office of Administrative Law • They are just like any trial you see on TV • The proceedings are recorded by a stenographer • Both sides get to argue their claims and cross examine the other side.

  11. After the hearing • The judge will issue a decision. • Generally the decision is a final one. It may be appealed but the outcome is very dim. • A final notice will be issued by May 15.

  12. Rehire Rights • Tenured faculty have 39 months of rehire rights • Probationary faculty have 24 months • The Association must police the district to insure that the layoffs were done in accordance with the notices issued.

  13. When all is said and done….. • The district has the upper hand • The law allows them to determine what services they offer and the level of services. • If the district follows the procedure properly they will win. But that is not a valid reason for going through the process

  14. Some other stuff • Triangular bumping is not required. (Duax) • Daniels v Shasta • There are not many layoff hearing decisions on the Community College Level

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