Section 8-B1800. REDUCTION IN FORCE: GENERAL PROVISIONS

 

1800.1The provisions of this chapter shall apply to all employees of the University in the Educational Service, except as provided otherwise in this section.

 

1800.2This chapter does not cover employees of the University in the Career Service or the Excepted Service.

 

1800.3To the extent that specific provisions of this chapter are inconsistent with the provisions of a collective bargaining agreement currently in force between the University and employees who would otherwise be covered by the provisions of this chapter, those specific, inconsistent provisions of this chapter shall be superseded by the applicable provisions of the collective bargaining agreement and shall not apply to employees covered by the collective bargaining agreement.

 

1800.4The need to apply reduction in force procedures when a determination is made that there is a surplus of employees shall not suspend the University's authority and responsibility to discipline, remove, demote, or reassign any employees under any other chapter of this title. These actions may be taken before, during, or after a reduction in force .

 

1800.5The provisions of this chapter shall be applied when releasing a competing employee from his or her competitive level by separation, furlough, or reassignment requiring displacement under a reduction in force.

 

1800.6A reduction in force using the procedures set forth in this chapter shall be conducted when the President determines that one (1) or more positions will be abolished due to any of the following reasons:

 

(a)Lack of work;

 

(b)Shortage of funds;

 

(c)Reorganization or realignment;

 

(d)Reduction or elimination of duties or programs; or

 

(e)The exercise of restoration rights as provided in Title 38, U.S. Code §§2021, et seq.

 

1800.7The reduction in force procedures set forth in this chapter shall not apply to any of the following:

 

(a)The termination of a temporary promotion;

 

(b)The return of an employee to the position from which the employee was promoted on a temporary or term basis ;

 

(c)Reassignment or demotion to a different position that is not at a lower grade than the position from which an employee was temporarily promoted;

 

(d)The return to a former position, or comparable position, of a supervisor or manager who failed to satisfactorily complete the required probationary period in the supervisory or managerial position;

 

(e)Termination of a term appointment on its expiration date;

 

(f)Termination of a contract appointment in accordance with the terms of the appointment;

 

(g)Termination of a temporary appointment;

 

(h)Reduction in grade or pay as a result of a position classification action affecting the employee's position;

 

(i)Demotion as a result of change in classification standards or error in the application of either of the following:

 

(1)Classification or qualification standards; or

 

(2)Time-in-grade requirements for promotion;

 

(j)The separation of an employee or a change in an employee's position, rank, grade, or pay as a result of an adverse action; or

 

(k)Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.

 

1800.8The inclusion of probationary, temporary, or intermittent employees in tenure groups or for other purposes under this chapter related to reduction in force retention procedures shall not be deemed to establish or attribute any rights or entitlements, substantive or procedural, to any employee that is not otherwise specifically established under law or regulation.