Appendix 20 Reductions-In-Force for Employees

(Executive, Administrative, Professional, Staff)
  1. PURPOSE

    While Gonzaga's goal is to provide a stable work environment, the University's staffing needs change over time. These variations may be related to program, functional, or enrollment changes; reorganization; lack of work; the reduction, elimination or reallocation of funding sources; or for other reasons determined by the University administration. When circumstances necessitate a reduction-in-force, certain employees may be separated from the University through layoff, reduction of hours/days worked, and/or consolidation of positions. The administration reserves the right to implement such personnel actions in the best interest of the University. All personnel actions will comply with applicable federal and state laws and the University's policy on non-discrimination. Nothing in this policy shall be construed as creating a contractual right to continuing or permanent employment nor to change the existing employment-at-will status of employees.

  2. DEFINITIONS

    1. Reduction-in-force: A reduction in the employment of current staff through temporary or permanent layoff, reduced hours/days worked, or consolidation of positions.

    2. Temporary Layoff: University-initiated unpaid leave with the general expectation of recall to work within six months from the time the layoff begins.

    3. Permanent Layoff: Termination of employment with the University with no expectation of recall.

    4. Reduction of hours/days worked: As an alternative to layoff, the University may reduce the number of hours or days to be worked in a work period.

    5. Consolidation of positions: Existing positions may be consolidated at the University's discretion. This will normally result in the reassignment and/or permanent layoff of affected identified employees.

    6. Furlough: The University reserves the right, at its discretion, to implement short, temporary unpaid furloughs for all classifications of employees other than those with employment contracts.


  3. CRITERIA FOR DETERMINING REDUCTIONS-IN-FORCE

    Reductions-in-force will be planned to consider appropriate treatment of identified employees, the impact upon affirmative action and diversity objectives, and compliance with University policy. Decisions will be made on the basis of University needs and work requirements. These decisions will not reflect adversely upon the job performance, employment and reference record of employees impacted by these actions.

    1. Selection:

      1. The reduction-in-force policy is not intended as a means of removing unsatisfactory employees whose below standard performance or unprofessional conduct has not been addressed and documented through performance appraisal, counseling, discipline, and other appropriate methods. However, employee performance may be considered in reduction-in-force determinations if proper attempts have been made to address the performance or conduct issue, and appropriate documentation of these efforts exists.

      2. When employee skill, productivity, value and performance levels are deemed by management to be substantially equal, length of service with the University, affirmative action and diversity objectives may be considered in selecting employees for reductions-in-force.

      3. In consultation with deans, managers, and/or directors, the area vice president will determine which positions from the area will be affected by reductions-in-force. This analysis will include consideration of alternatives for reorganization, restructuring, and/or consolidation for efficiency and operational requirements.

      4. The following general guidelines will normally determine the priority in which employees will be affected by a reduction-in-force in a given area:

        1. Temporary employees will normally be laid off first, except where special skills are required.

        2. Part-time employees will normally be laid off next, except where special skills are required.


      5. If Regular employees are to be laid off, the following factors will be considered:

        1. Employees in their fist six months of employment will normally be laid off before other Regular-status employees in the same department or area, provided the retained employees have the skills and abilities to perform the available work.

        2. While length of service will be considered, it will not be the sole criteria for determining which employees are to be laid off or retained. Relative capabilities, adaptability, teamwork, and people skills may also be compared and considered.

        3. Length of service should be the determining criteria where the decision makers perceive no material difference in the other designated factors.


      6. Individuals whose positions are reduced or eliminated may not automatically assume a similar position occupied by an employee with less length of service. For example, if shifts are eliminated due to consolidation or reorganization, the individuals currently working those shifts will not automatically be allowed to take the position of an individual on another shift based on length of service. The decision as to who will be retained on the remaining shifts will be based on the criteria outlined above.


    2. Notification:

      1. The Human Resources Department will assist departments in developing communication strategies to notify identified employees.

      2. Employees will be notified in writing and in person whenever possible.

      3. Length of Notice: all classifications of employees (Executive, Administrative, Professional and Staff) will be given a minimum of four weeks notice.

      4. At its discretion, the University may pay employees in lieu of providing the minimum notice period.

      5. Employees who are required to continue to work during the notice period may request reasonable time off with pay for activities related to a job search. Prior approval must be granted by the immediate supervisor and Human Resources.

      6. Should an employee resign after receiving written notice of temporary or permanent layoff, (i.e., to accept a position outside the University) payment will not be made for the balance of the notice period.


  4. EMPLOYEE BENEFITS

    1. Permanent Layoff:

      1. Group Benefits - Coverage for medical and dental benefits will end the last day of the month in which the notice period ends. Life and long-term disability benefits will end on the last day worked.

      2. COBRA (Consolidated Omnibus Budget Reconciliation Act) - If employees and their dependents are not covered by any other group medical plan or dental plan, including Medicare, they may continue coverage for a period up to 18 months by paying the monthly premium. Employees will receive detailed information from the third-party administrator of Gonzaga University's COBRA plan regarding their rights to continue coverage and payment schedule.

      3. Retirement Plan - Final contributions to the employee's pension plan will be made when the last paycheck is issued. The Benefits Specialist in Human Resources will provide detailed information regarding withdrawal options.

      4. Tuition Waiver - Tuition waiver benefits will continue through the end of the semester in which the notice period ends.

      5. Vacation - All unused and accrued vacation will be paid in the employee's final paycheck. Vacation may not be used to extend the notice period; however, employees will be encouraged to use their vacation during the notice period.

      6. Sick Leave - Unused sick leave is not paid out when employment is terminated.

    2. Temporary Layoff:

      1. Group Benefits - Coverage for medical, dental, life and long-term disability benefits will end the last day of the month in which the employee is on paid status. The Benefits Specialist will notify employees of their option to self-pay all benefits during their unpaid leave period.

      2. Retirement Plan - Contributions to the employee's pension plan will be made on all earnings received from the University (including return to a temporary position). Withdrawals from the pension plan can be made only at time of termination. They are not available during unpaid leave periods.

      3. Tuition Waiver - Tuition waiver benefits will continue during the unpaid leave period.

      4. Vacation - Employees must utilize all unused and accrued vacation pay before going to unpaid leave status. Accrued vacation, if any, will be paid if employment is terminated. The six month leave period will not be extended by vacation hours, and vacation does not accrue during unpaid leave periods.

      5. Sick Leave - All accrued sick leave will be carried over upon an employee's return to work, but will not be paid out if employment is terminated. Sick leave does not accrue during unpaid leave periods, and it may not be used.

    3. EMPLOYMENT ASSISTANCE

      1. University Positions: Employees on temporary or permanent layoff status are encouraged to apply for University positions when such positions are open for recruitment.

        1. Internal positions - Employees are eligible to apply for in-house positions for a period of six months from their permanent lay-off date. All internal posting will be mailed to their current address. Employees must apply for these positions through normal internal posting procedures.

        2. External positions - Applications for positions open to external recruiting are accepted through normal application procedures. Laid-off employees are responsible for learning of these openings through normal recruiting channels.

        3. Temporary pool - Upon request, Human Resources will accept and keep on file applications for temporary positions which may become available.

      2. Out Placement Assistance: Upon request, Human Resources will provide information and assistance in job search techniques, resume and application letter preparation, interviewing skills, and guidelines for unemployment assistance.

      3. Rehire: As provided by Section II K, of the Personnel Policies and Procedures Manual, employees rehired by the University within six months of their permanent lay-off date will be credited with their previous length of service and accumulated benefit eligibility level, consistent with the classification of their new position.

    4. PRE-IMPLEMENTATION REVIEW

      A proposal to layoff one or more employees pursuant to this policy must be submitted to the Assistant Vice President for Human Resources and the Equal Opportunity Officer in sufficient time to allow Human Resources to review the proposal before implementation. Human Resources and the Equal OpportunityOfficer will review the reduction-in-force proposal in an effort to insure that the plan or proposal (a) does not unlawfully impact protected classes of employees, (b) provides appropriately documented programmatic and/or budgetary justification to identify affected positions and employees, and (c) provides appropriately documented justification for the selection of each particular employee for layoff within a classification and level.

    5. APPEAL PROCEDURE

      1. Appeal Notice and Statement: Any Regular employee directly affected by and who objects to a layoff decision made under this policy shall use the following procedure to request a review of the decision:

        1. Within ten calendar days after receiving written notice of the decision, the employee will file with the Director of Human Resources a written request for review of the decision, setting forth a brief summary of the factual contentions supporting the employee's request. The sole basis for appeal and review of the decision is that it was arbitrary, capricious, and/or not in compliance with this policy's procedural requirements.

        2. Upon receiving the written notice of appeal from the requesting employee, the Director of Human Resources will refer the matter to a University vice president who was not involved in selecting the employee as a person to be laid off under this policy. The vice president will serve as the Hearing Officer. Alternatively, with the President's approval, another impartial person may be designated as the Hearing Officer.

      2. Hearing and Decision:

        1. The Hearing Officer will promptly schedule and conduct a hearing of the appeal. The Hearing Officer will notify the employee and the manager/director and vice president who made the layoff decision of the date and time of the hearing.

        2. The employee and manager/director and vice president will each have the right to be heard and to present verbal or written documentation to support their respective positions.

        3. The hearing will be conducted informally, giving reasonable opportunity for each side to be heard and to ask questions of the other, and/or to be questioned by the Hearing Officer.

        4. After the hearing is completed and after consulting with the Director of Human Resources, the Hearing Officer will render a written decision, setting forth his/her conclusion as to whether the decision being appealed was made arbitrarily, capriciously and or not in compliance with the procedural requirements of this policy.

        5. If the decision is in favor of the employee, the Hearing Officer will also determine fair and equitable relief.

        6. Normally, it is intended that the hearing be conducted and the Hearing Officer's decision rendered within ten calendar days after the matter is referred to the Hearing Officer.

        7. The Hearing Officer's decision is final and binding within the University unless, within ten (10) calendar days of the decision, the President at his discretion, elects to review the matter.

    Approved by Board of Trustees February 21, 1997