ARTICLE XVI, RETRENCHMENT
Retrenchment refers to the termination of the employment of any Faculty Member during any appointment as a result of lack of work or other legitimate reason in accordance with §89-9(d), H.R.S., such as fiscal exigency; reallocation of resources; reorganization of degree or curriculum requirements; reorganization of academic or administrative structures or programs; curtailment of one (1) or more programs.
B. CONSULTATION ON RETRENCHMENT
When the Board of Regents determines that retrenchment may occur, it will so inform the Union and will provide whatever information that is available, including a list of Faculty Members expected to be retrenched, and a list of vacancies for which active recruitment is occurring throughout the UH System. The Union may submit its assessment and/or recommendation within thirty (30) days of such notification. The Board of Regents will not proceed with its retrenchment action until forty-five (45) days after its notification to the Union.
C. ORDER OF RETRENCHMENT
After determination by the Board of Regents of the need to retrench and its assessment of institutional needs, the following order of layoffs shall be followed within the Program, Department, Division, or comparable unit to be retrenched:
1. Part-time Faculty, including Lecturers
2. Non-tenured Faculty
3. Tenured Faculty
Within each of these groups of Faculty Members, more senior Faculty shall be accorded priority over less senior Faculty. For the purposes of this section, seniority is defined as the total period of full-time continuous service since the date of initial appointment, with the understanding that of two (2) Faculty Members having the same length of service, the one with the higher rank, or placed on the higher step with the same rank, shall be regarded as the more senior. Approved leaves with or without pay do not count as breaks in continuous service.
No retrenchment shall be effectuated with respect to full-time personnel in a Department, Division, or comparable unit or program while other persons are teaching overload in the same subject in that unit.
D. NOTICE TO FACULTY
The administration shall notify persons affected by retrenchment as soon as practicable and, barring circumstances beyond its control, shall provide the following notice of termination:
1. For those holding a term appointment, at least four (4) calendar months.
2. For those holding tenured appointments, at least twelve (12) calendar months. Following notice of termination, the University may, at the Faculty Member’s request, agree to release the Faculty Member from regular duties up to half time to facilitate the pursuit of opportunities for retraining.
E. PLACEMENT OF RETRENCHED FACULTY
At the time of retrenchment, the administration shall give special consideration for placement within the University to a Faculty Member whose services might be terminated as a result of retrenchment provided that a suitable position vacancy is available in a classification appropriate to the bargaining unit for which the Faculty Member is otherwise qualified.
F. EMPLOYMENT RIGHTS OF RETRENCHED TENURED FACULTY
A tenured Faculty Member who is retrenched according to the provisions of this Article shall have employment rights to any position within the locus of tenure for which the Faculty Member is qualified and which is occupied by the Faculty Member with the least seniority, provided that the provisions of this paragraph shall not be applicable to the Faculty Member who is displaced.
G. NOTICE OF VACANCIES
Faculty Members having reemployment rights, shall upon their written request, be provided notices of vacancies which occur within the University of Hawaii System. Such requests shall include the address to which the notices shall be mailed. The Faculty Member is responsible for informing the Employer of changes in this address. Notices of vacancies shall be provided until the Faculty Member is reemployed, or has exhausted reemployment rights or refused an offer of reemployment as provided in this Article.
H. REAPPOINTMENT OF RETRENCHED FACULTY
For a period of thirty-eight (38) months following retrenchment, a tenured Faculty Member who is not otherwise employed in the University in a position comparable to the one held prior to retrenchment shall be offered reemployment in the same or similar position at the campus at which the Faculty Member was employed at the time of retrenchment, should an opportunity for such reemployment arise. For the purposes of this provision, the Community Colleges shall be treated as a single campus. Offers of reemployment shall be in inverse order of layoff. An offer of reemployment must be accepted within thirty (30) days after acknowledged receipt of the offer or forty-five (45) days after dispatch by registered or certified mail to the last recorded address of the Faculty Member – whichever shall sooner occur. In the event such offer of reemployment is not accepted, the Faculty Member shall receive no further consideration. The offer of reemployment shall be made by personal delivery or by registered or certified mail to the last address of the Faculty Member recorded at the University. It is the Faculty Member’s responsibility to keep the Employer informed of changes of address. The Faculty Member thus recalled shall be recalled with full tenure.
I. RESOLUTION OF DISPUTES REGARDING QUALIFICATIONS
If a dispute arises as to whether or not a retrenched Faculty Member is qualified for the purposes of Sections E., F., and H. above, the recommendation of the Department, Division or comparable unit affected will be given substantial weight by the Employer.
J. STATUS OF REAPPOINTED FACULTY
1. A retrenched Faculty Member reappointed to a position in the same organizational unit from which the Faculty Member was retrenched shall carry full credit for all years which would be applicable to tenure and/or promotion in rank. In addition, all other benefits which have accrued in the organizational unit from which the Faculty Member was retrenched shall adhere to the Faculty Member.
2. A retrenched tenured Faculty Member reappointed to a position other than the one from which the Faculty Member was retrenched may be granted immediate tenure. If the Faculty Member is not granted immediate tenure, then the Faculty Member shall serve a probationary period of not more than two (2) years.
3. A retrenched non-tenured Faculty Member reappointed to a position in an organizational unit other than the one from which the Faculty Member was retrenched, may be credited with service applicable to tenure and/or promotion in rank. A written request for such credit must be approved by the appropriate Chancellor or Provost.
K. RESTRICTIONS ON HIRING NEW FACULTY
The Employer shall not employ new part-time or full-time Faculty Members in any organizational unit in which a layoff is effective until such time as all qualified retrenched persons eligible for recall in the organizational unit have been offered such recall.
Non-renewal of appointment under Article XII or Disciplinary Actions under Article XVIII shall not be considered retrenchment.