7.65 – Reductions in Force

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Details

Scope: NMSU System

Source: ARP Chapter 7 | HR - Compensation and Changes in Status

Rule Administrator:

Last Updated: 02/01/2021

Related

Cross-Reference:

ARP 7.01 - Staff Compensation

ARP 7.30 - Tenure Track and Tenured Faculty – Salary Adjustments

HR Toolkits and Other Information Relating to RIF

 



Revision History:

02/01/2021 Provisional Amendment implemented by Chancellor 

2017 Recompilation, formerly Rule 4.45

PART 1: PURPOSE 

This rule provides procedural guidance relating to the planning and processing required to effectuate involuntary transfers, layoffs and recalls as a result of the need for a reduction in force, reorganization or job elimination.

PART 2: INSTRUCTION & GENERAL (I&G) FUNDED POSITIONS

Transfer, recall, and termination policy for employees (below the rank of director) who are facing a layoff or involuntary transfer for reasons other than a university wide financial exigency shall be as follows:

  1. The university will attempt to transfer any non-probationary, satisfactorily performing employee designated for layoff as a result of a reduction in force, reorganization, or job elimination.
  2. Employees may be transferred by NMSU to like positions for which they are qualified on the bases of seniority (i.e., both service within the university and within the department), along with past work performance) as vacancies occur.
  3. The university may recall non-probationary employees on a seniority basis whenever possible, with those having the most seniority and good work records recalled first. Recall rights are limited to the first 90 calendar days after layoff.
  4. The transfer or recall of employees to a position distinct from the one previously held may result in a different pay grade, job title and rate of pay, in accordance with the university’s compensation policies and practices. ARP 7.30-Tenure-Track and Tenured Faculty – Salary Adjustments or ARP 7.01-Staff Compensation.
  5. Proposals for involuntary transfers, layoff and recalls relating to a reduction in force, reorganization or job elimination must be reviewed by the assistant vice president for human resource services and approved by the appropriate executive administrator.

PART 3: EXTERNALLY FUNDED POSITIONS

When wages are derived from external funds or other non-instructional type funding, proposals for involuntary transfers and layoffs relating to a reduction in force, reorganization or job elimination may be developed in coordination with Employee & Labor Relations and submitted to the appropriate executive administrator through the assistant vice president for human resource services.  All involuntary transfers, layoffs and recalls relating to a reduction in force, reorganization or job elimination must have the prior approval of the assistant vice president for human resource services and the appropriate executive administrator.