The College shall follow the Reduction in Force Operational Guidelines if a reduction in the number of personnel becomes necessary as a result of extraordinary circumstances including, but not limited to, lack of sufficient funds; a decline in the enrollment of a course, program, or discipline, where the continuation of such course, program, or discipline is or will likely become impractical or economically unreasonable; or a change in academic mission, administrative, or ministerial function that will require organizational changes. The Reduction in Force Operational Guidelines will be used only when the circumstances justify the implementation of these procedures and in accordance with Board Policy 624.01 (1/10/2018).
Reduction in Force Operational Guidelines
Whereas, the Alabama Community College System (ACCS) Board of Trustees has directed that each Alabama Community College System institution develop and institute systematic and equitable guidelines for reducing the number of employees during situations where such reduction is made necessary by extraordinary circumstances;
Whereas, such extraordinary circumstances may include, but not be limited to, lack of sufficient funds, a decline in enrollment in a given course, program or discipline to the extent that continuation of the course, program, or discipline, is, or will likely become, impractical or economically unreasonable; or a change in academic mission, or administrative or ministerial function, of such a nature as to necessitate significant organizational changes;
Whereas, Northeast Alabama Community College (hereinafter, “NACC”), in fulfillment of the ACCS Board of Trustees directive, has developed the following Reduction in Force Guidelines, utilizing input from a committee representative of its employees as well as information from a broad range of other appropriate sources;
Whereas, the Reduction in Force Guidelines (hereinafter, “Guidelines”) here promulgated shall only be used when circumstances justify the implementation of the procedures set forth herein;
Whereas these Guidelines are intended and shall be construed to effectuate the fair and responsible implementation of any reductions in force;
THEREFORE, PREMISES CONSIDERED, the following Guidelines shall be and are hereby adopted as the Official Policy of NACC.
ARTICLE I.
DEFINITIONS.
When used in these Guidelines, the following terms shall have the meanings specified:
1. Non-probationary: The legal right, under State law and/or ACCS Board of Trustees rules, regulations, or policies, of a full-time employee of a State two-year college to retain his/her full-time employment status on a permanent basis until such time as the employee voluntarily terminates such employment or until such employment is terminated pursuant to the Students First Act (Alabama Code §16-24C) (1975), ACCS Board of Trustees rules, regulations, and/or policies.
2. Employee Classification: A designation by which a group of employees at a given institution having the same or substantially the same type of job duties and functions will be identified. (Examples: “clerk-typist,” “secretary,” “cafeteria worker,” “accountant,” “security guard,” “counselor,” “mathematics instructor,” and “maintenance worker.”)
3. Full-Time: Employment for the number of hours designated by the respective institution as being “full-time” for the position held by the respective employee. (Examples: Forty hours for an “accountant” or “secretary,” or thirty-five hours for an English “instructor.”)
4. Part-Time: Employment for fewer than the number of hours considered by the respective institution to be full-time. (Examples: Fewer than forty hours for a “maintenance worker” or fewer than thirty-five hours per week for an English “instructor.”)
5. Probationary: That period of employment prior to the receipt of non-probationary status as defined by the Students First Act and/or ACCS Board of Trustees rules, regulations, and/or policies.
6. Reduction-in-Force: A reduction in the total number of full-time equivalent employees at a respective college made necessary by extraordinary circumstances such as, but not limited to, a lack of sufficient funds; declining enrollment in a given course or program to the extent that further offering of the course or program is, or will likely become, impractical or economically unreasonable; or a change in academic mission, or administrative or ministerial function, of such a nature as to necessitate significant organizational changes. Not every release of an employee shall be considered a “reduction-in-force.” An isolated employee termination or non-renewal, particularly if done for just cause or as a result of a lack of satisfactory performance, shall not be considered a reduction-in-force for the purposes of this policy. Reduction decisions will be made without regard for the employee’s race, color, sex, religion, national origin, age, or any other unlawful reason.
7. ACCS Board of Trustees: The Alabama Community College System Board of Trustees. Code of Alabama (1925), Sec. 16-60-111.
8. Temporary Employee: An employee hired to fill a position on a “temporary” basis for a period not to exceed one year. Temporary employment status is generally used to: (1) fulfill a personnel requirement of a non-renewable grant; (2) fill a vacant permanent position for the period during which a search for a “permanent” employee is being conducted; (3) temporarily fill a new position for the period during which it is determined whether or not the position should be made permanent; or (4) conduct a class, program, or project on a “one-time” basis.
ARTICLE II.
PURPOSE.
9. The purpose of these Guidelines is to provide equitable treatment for the layoff of NACC employees when reduction in force becomes necessary.
ARTICLE III.
EMPLOYEE STATUS IDENTIFICATION.
10. Identification of Status. Each employee of NACC shall be identified as follows: (1) name; (2) current address and telephone number; (3) job description including minimum qualifications required by the described job; (4) the employee's qualifications; (5) the employee's years in service; (6) the employee's classification (e.g., "clerk-typist," "secretary," "cafeteria worker," "accountant," "security guard," "counselor," "mathematics instructor," "maintenance worker," etc.); (7) the minimum number of hours such employee works per week; (8) whether the employee is considered full time, part time or a temporary employee by NACC; and (9) whether the employee is probationary or non-probationary as provided by the Students First Act or ACCS Board of Trustees rules, regulations and or policies.
11. The information compiled pursuant to the foregoing paragraph shall be kept permanently on record.
12. Each employee shall be provided with the information compiled pursuant to Paragraph 10 hereinabove that pertains to that employee.
ARTICLE IV.
REDUCTION IN FORCE IMPLEMENTATION GUIDELINES.
13. Identification to Chancellor and President. In the event of a proposed reduction-in-force, each organizational unit and each employee to be affected by the reduction-in-force shall be identified to both the Chancellor of the Alabama Community College System ("Chancellor") and the President of NACC ("President"). Further, the manner in which each unit and employee shall be so affected shall be described to both the Chancellor and President.
14. Preference in Retention - Temporary and Non-Temporary Personnel. In the event of an approved reduction-in-force action, temporary and/or part-time employee(s) performing the same duties as non-temporary full-time personnel shall be released prior to the release of any non-temporary, full-time employee(s).
15. Preference in Retention - Non-Temporary Full-Time Personnel - Probationary and Non-Probationary Personnel. In the event of an approved reduction-in-force action affecting non-temporary full-time personnel, a probationary employee performing the same duties as a respective non-probationary employee shall be released prior to the release of the non-probationary employee.
ARTICLE V.
REDUCTION IN FORCE:
FACTORS TO BE CONSIDERED WHEN A FULL-TIME, NON-PROBATIONARY EMPLOYEE IS AFFECTED.
16. Factors. When an approved reduction-in-force affects or will affect full-time, non-probationary employees, the needs of NACC shall be considered, and the positions which are most vital to the affected organizational units in particular and NACC as a whole shall be determined. Then the following factors shall be taken into consideration when determining which, if any, full-time, non-probationary employees shall be so affected:
16.1 The requirements of any applicable court order or consent decree;
16.2 The employee's seniority at NACC in the employee's respective job classification taking into consideration minimum qualifications for that position;
16.3 The employee's seniority at NACC in the employee's respective organizational unit;
16.4 The employee's seniority in general at the respective college;
16.5 The employee’s education level; and
16.6 The employee's relative skills, knowledge and productivity, determined by review of personnel files and performance appraisals.
16.7 The primary component of determining the performance of employees should be the most recent two annual overall Performance Evaluation Ratings (or their equivalent), unless the employee has been employed for one (1) year or less. Other components of determining performance are: (a) an active disciplinary action for either job performance or personal conduct; (b) documented performance difficulties communicated to the employee, but not rising to the level of disciplinary action; or (c) any other documented indicators of performance. These are not the only factors that may be considered in making reduction in force decisions.
17. Procedures. Upon consultation with the appropriate division directors, program coordinators, deans, and supervisors, the Vice President or President’s designee will make a written request for approval of a proposed reduction in force involving specific employees to the President. This request must be approved before any reduction in force can be implemented. The written request must contain the following information: (1) the reason(s) for the reduction in force; (2) anticipated date of separation; (3) name(s) of the employee(s) to be separated and justification for the decision; (4) a listing of all vacant positions in the department which are the same or closely related; (5) what efforts the department has made within the department to avoid the reduction in force of the selected employee; (6) a brief explanation why action other than a reduction in force is not possible; (7) management contact information; and (8) current organizational chart of affected department.
18. Information Provided to Affected Employees. Before a reduction in force occurs, the President or such person or persons to whom he may delegate the task may provide, in writing, the following information to the employees being laid off:
- The reason for the reduction in force.
- The effective date of the reduction in force (as much notice as is possible).
- Direction to contact Human Resources for information on the following:
- The College’s policy on priority re-employment;
- Completion of necessary application forms;
- The availability of aid, if any, in seeking other employment;
- Eligibility to apply for unemployment or other benefits, if any;
- The possibility of retraining, if any.
19. Students First Act. In the event that NACC terminates an employee to whom the procedures apply, there will be strict adherence to the procedures prescribed by the Students First Act.
20. Exceptions from General Guidelines. In the event that NACC must impose a reduction-in-force action, and the President determines that a full-time non-probationary employee who is not the senior person in a given job classification or occupational area possesses a certain license, certification, or job skill the loss of which would be severely detrimental to the operation of NACC, the President may request review and approval by the Chancellor of an exception to these general guidelines relating to the release, termination or other reduction in force of full-time personnel on continuing service status. The exception shall not be available for part-time, temporary, or probationary employees.
ARTICLE VI.
PLACEMENT AND REHIRING OPPORTUNITY GUIDELINES.
21. Placement and Rehiring Opportunity Guidelines. Priority reemployment consideration is provided to employees who have met service requirements and are separated: (1) for reasons other than just cause and (2) due to shortage of funds or work, abolishment of a position, or (3) due to changes in duties or organization. Employees must claim priority reemployment consideration by the date of separation by notifying Human Resources or priority is forfeited. Employees must also complete applications for employment by NACC. Employees separated through Reductions in Force will receive priority reemployment consideration for a reasonable amount of time from date of separation. Employees separated from permanent part-time positions have priority to part-time positions with the same number of hours only. The employee must possess at least the minimum education and experience requirements or their equivalent as set forth in classification specifications for the position for which they request priority.
ARTICLE VII.
MISCELLANEOUS.
22. The Guidelines shall be reviewed every three years or more often if necessary, and the Guidelines shall be amended or otherwise altered to reflect any changes made necessary by law, rule, policy, or obsolescence.
23. These Guidelines do not create any rights in any employee or any obligation on the part of NACC. Rather, the Guidelines are instructive and aspirational, and are intended for use only in the extraordinary circumstances that may give rise to the necessity for a reduction in force. The Guidelines do not supplement, amend, obviate, alter or otherwise change any employee’s employment status, the laws or statutes under which such employee may be hired, or retained, or otherwise employed, nor any right of NACC to terminate any employee.