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: Not Available

Related

Cross-Reference:

ARP 7.01 - Staff Compensation

ARP 7.30 - Tenure Track and Tenured Faculty – Salary Adjustments

ARP 8.55 -  Leave Without Pay

Related 2013 CBA Article 24



Revision History:

2017 Recompilation, formerly Rule 4.45

  1. Layoff, transfer and recall, due to a university wide financial exigency of positions funded from state appropriations as a line item, will be made in accordance with this Rule.
  2. Transfer, recall, and termination policy for employees (below the rank of director) who are facing termination for reasons other than a university wide financial exigency shall be as follows:
    1. It is the policy of the university to attempt to transfer any non-probationary, satisfactorily performing employee who will be laid off as a result of a reduction in force, reorganization, or job elimination.
    2. Employees may be transferred to like positions for which they are qualified on the basis of seniority (i.e., service within both the university and the department, along with past work performance) as vacancies occur.
    3. Those individuals not transferred by their termination date will be placed on leave without pay in accordance with the rules and procedures provided in ARP 8.55 Leaves – Without Pay.
    4. 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.
    5. The transfer or recall of employees to other positions may result in a different rate of pay, level, and job title.
    6. Specific plans for any area which is terminating employees will be prepared at the time of the layoff, reviewed by the assistant vice president for human resource services and approved by the executive vice president and provost.
    7. Salary and wage rate will be in accordance with ARP 7.30-Tenure-Track and Tenured Faculty – Salary Adjustments or ARP 7.01-Staff Compensation.
  3. This Rule is not applicable to positions when wages are derived from external funds or other non-instructional type funding. Departmental layoff plans may be developed and submitted to the executive vice president and provost through the assistant vice president for human resource services for these positions, if necessary.  All terminations due to a layoff must have the prior approval of the assistant vice president for human resource services and executive vice president and provost.  Any employee whose position is federally funded, and who is facing involuntary leave due to a temporary federal financial shortfall, may choose to use annual leave or leave without pay during the required absence.  Leave without pay requests should be processed in accordance with ARP 8.55 Leaves – Without Pay.