Given the current discussions and rumors regarding retrenchment, I thought it would make sense to devote a “Know Your Contract” post to understanding Article 29 “Retrenchment” in our Collective Bargaining Agreement (CBA).
While I am sure there will be no shortage of updates on the budget, cuts, and retrenchment on this blog, I want to have one post that is devoted to answering questions about Article 29 so that we can all better understand what the CBA actually says about retrenchment.
I am posting a link to this post on the right-hand side of this blog, so it can be easily accessed. You can also get to it by clicking on the “Know Your Contract” category.
If you have a question, post a comment. I will try and track down the answers to your questions and post them back as a comment. Just so we all have the information in front of us, here is a link to a PDF copy of Article 29:
Here is a question posted to the faculty listserv today:
“For those of us who are new, could someone please DEFINE “retrenchment”? A dictionary definition of “reducing expenses” seems only partially adequate to the university situation. If I’m a first-year tenure track faculty member, can I be “retrenched”? Somehow a vague promise that I might not get a retrenchment letter this coming Monday doesn’t ease my anxieties.”
An excellent question. Here’s the response I posted to the listerv:
“Very simply, “retrenchment” basically means “layoffs.” In general terms, yes, it technically means an institution/company is “reducing expenses.” It’s pretty similar to the term “downsizing” that we hear frequently when industries are trying to cut costs. Like downsizing, however, retrenchment primarily refers to laying off people.
The “letter” issue is important because Article 29 of our Contract, the retrenchment article, REQUIRES the State System to give first-year, probationary, non-tenured faculty members to be notified by March 1st if they are going to be retrenched. You are going to be hearing a lot about dates for this and that over the next several weeks. Those dates refer to a very specific process outlined in Article 29. Here is a direct link to Article 29:
http://www.apscuf.com/images/07article29.pdf“
Retrenchment: what is the process and what are my rights?
(thanks to John Riley for putting together this summation of some basic questions faculty may be having)
1. Retrenchment works on a “reverse seniority” basis and it begins with faculty with the least amount of service. Temporary and part-time faculty are the most vulnerable, followed by probationary non-tenured faculty.
2. A position cannot be eliminated without proper notification. First-year probationary faculty must be notified by March 1st. Everyone else has a later notification date (see Article 29 F). No timely notification, no retrenchment.
3. A faculty member receiving a letter of retrenchment is entitled to preferential hiring rights and health and welfare benefits are extended six months past retrenchment.
4. A retrenched faculty member has the right to apply for vacancies at other PASSHE institutions. If deemed qualified by the receiving president they shall be appointed at their previous rank and step. (see Article 29 G).
5. A retrenched faculty member is entitled to unemployment compensation.
I guess the bigger question is how retrenchments would be determined? Are these being based on class enrollments? The number of majors in a department? Would there be criteria beyond “reverse seniority”?
Finally, section 2.B states: “retrenchment shall be made in inverse order of length of service from the most recent date of employment at the University (“seniority”), within a department, provided the remaining ACADEMIC FACULTY MEMBERS have the necessary qualifications to teach the remaining courses or perform the remaining duties. ACADEMIC FACULTY MEMBERS shall be responsible for keeping their Academic Dean informed of all their qualifications.” Well, how would qualifications be determined? This seems very murky and debatable.
Daniel,
I got a similar question earlier today…I am working on getting a direct answer to this very issue. As soon as I get the info back, I will post it.