To specify the conditions and process for separating employees due to shortage of funds or work, abolishment of a position, or other material change in duties and organization; and the process for priority re-employment consideration.

UNC Wilmington, in accordance with federal and state legislation, has established this policy and procedure to assure employees that the potential reductions shall be considered on a fair and systematic basis in accordance with defined factors. In all instances, reduction-in-force decisions are made without respect to race, sex (such as gender, marital status, and pregnancy), age, color, national origin (including ethnicity), creed, religion, disability, sexual orientation, political affiliation, veteran status, or relationship to other university constituents -- except where sex, age, or ability represent bona fide occupational qualifications.

The process for separating employees due to either performance or conduct is contained in HR 08.510, SPA Disciplinary Action, Suspension and Dismissal

Policy

The University of North Carolina at Wilmington may separate an employee because of shortage of funds or work, abolishment of a position, or other material change in duties and organization.

The reduction in force procedure for staff employees provides equitable treatment for the layoff of staff employees when reduction in force becomes necessary. A reduction in force decision based on financial reasons should be reached only after measures such as a hiring freeze on vacant positions, limits on purchasing and travel, and job sharing and work schedule alternatives have been considered.

If a general reduction in operating funds affects the university, UNCW may elect to meet its reduction obligation by first reducing staff positions to preserve instruction, research, or student services positions. The university may also exempt safety, health, or other such critical positions from a reduction order.

Copies of this policy are filed with the North Carolina Office of State Personnel as a public record; are referenced in UNCW’s Equal Employment Opportunity / Affirmative Action Plan; are available in the Human Resources office; and are posted on the UNCW Human Resources’ web site.

This policy applies to all permanent SPA university employees regardless of source of funds for the position. This policy does not apply to student workers, temporary employees, faculty, SPA employees with time-limited appointments, and employees Exempt from the Personnel Act (EPA).

At least six weeks prior to the anticipated separation date of any employee for purposes of reduction in force, the director or department head must submit a written recommendation to Human Resources via the vice chancellor.

The written recommendation must include an analysis of the situation that requires a reduction in force, a description of measures taken to avoid a reduction in force, and the method by which a specific employee is identified for being reduced in force. The discussion of the method must identify employees in similar classes in the work unit, and include a systematic consideration, at a minimum, of the following factors:

1. Employees’ types of appointments
   
2. Employees’ relative efficiencies (i.e. an evaluation of the relative skills, knowledge, and documented performance of the recommended employee and all others in related classifications in the work unit in comparison to necessary services)
   
3. Employees’ length of service
   
4. Actual or potential adverse impact on the diversity of the work force within the unit

In addition to the recommendation to separate, the department prepares a letter of reference for the employee, addressing the employee’s knowledge, skill, ability, performance, and positive standing in the department.

Endorsement of Vice Chancellor

The division vice chancellor must decide whether to endorse the recommendation to separate an employee under this policy.

The vice chancellor must first evaluate the education, experience, and competencies of the employee to be separated and evaluate if:

1. a position could be created within the division in order to avoid the RIF; or
   
2. if the employee can be transferred into a suitable vacant position (for which an offer has not been extended) within the division to avoid the RIF.

If neither option exists, the vice chancellor must document this if he or she chooses to endorse the reduction in force, and forward the endorsement to Human Resources.

Human Resources Review and Notice of Separation

Upon receipt of an endorsement from the vice chancellor, Human Resources

1. ensures the justification for a reduction in force has considered all the necessary factors;
   
2. ensures that the decision is made without respect to race, sex (such as gender, marital status, and pregnancy), age, color, national origin (including ethnicity), creed, religion, disability, sexual orientation, political affiliation, veteran status, or relationship to other university constituents -- except where sex, age, or ability represent bona fide occupational qualifications; and
   
3. assesses the potential adverse impact on the diversity of the work force by reviewing the potential disparity within the job group and determining if the reduction in force would affect the good faith hiring objectives found in the current EEO/AA plan.

Upon completion of this review, Human Resources notifies the department of its decision. If the reduction in force is approved, Human Resources authorizes the department to issue the notice of separation to the employee. The employee must receive the letter at least thirty calendar days before the date of separation. If the reduction in force is not approved, Human Resources discusses options and alternatives with the division director.

After delivery of the letter, Human Resources meets with the employee to inform him/her of priority re-employment rights, the severance package, unemployment insurance eligibility, and the employee’s desire to be included on the state-wide RIF registry. At this time, the employee must complete an application for employment.

Placement to Avoid RIF

Once the letter of notification is issued to the employee, the university attempts to find a suitable position in any division for the employee to avoid the reduction in force. A suitable position is one:

1. that is the same or lower salary grade (or grade equivalency),
   
2. for which the employee meets minimum qualifications,
   
3. that offers a salary grade or band that enables the employee to maintain his/her salary, and
   
4. is the same FTE.
   

When Human Resources is notified of a vacancy that appears to be suitable, Human Resources reviews the employee’s qualifications against the position’s requirements to determine if the employee meets the minimum qualifications.

1. If a vacancy is either not advertised or advertised but applications have not been referred, the employee’s application is forwarded to the department. The department is expected to interview and hire the employee if the employee meets the minimum qualifications for the position and can perform the job within nine months, with normal orientation and training given any new employee. If the department decides not to hire the employee, the department must document the reasons for non-selection to the division vice chancellor and Human Resources.
   
2. If a position is advertised and applications have already been referred, but a recommendation for hire has not been received by Human Resources, Human Resources forwards the employee’s application to the department. The employee has priority re-employment consideration over non-state employees. The department is expected to interview and hire the RIF candidate, over any non-state (SPA) employee, if the RIF candidate meets the minimum qualifications for the position and can perform the job within nine months, with normal orientation and training given any new employee. If the department decides to hire a non-state employee, the department must document the reasons for non-selection of the RIF candidate to the division vice chancellor and Human Resources.
   

Once the employee is separated from the university, the separated employee has priority re-employment consideration over other non-state (SPA) applicants for the duration of his/her eligibility. To receive this consideration, however, the employee must apply for the vacancy prior to the deadline date.

If the separated employee meets minimum qualifications for the position, the individual’s application is forwarded to the department along with those of other state (SPA) employees. If the department does not hire from among the forwarded applications, the department must document the reasons for non-selection, and in particular, document why the RIF candidate could not perform the job within nine months, with normal orientation and training given any new employee. Human Resources then refers the most qualified applications from among the pool of non-state (SPA) applicants.

Continuation of Priority Re-Employment Rights

If an employee accepts a position that is a lower salary grade level, lower salary rate, lower FTE, or appointment status than that held at time of notification, the priority re-employment consideration continues for the remainder of the twelve-month priority period or until priority is otherwise satisfied.

Loss of RIF status and Priority Re-employment rights

An employee, after receiving his or her RIF notification, who does any one of the following forfeits his/her RIF priority status, including severance salary continuation, benefits continuation, and re-employment priority:

refuses an interview or offer for a position within 35 miles of the employee’s original work station if the position is at an appointment status, salary grade and salary rate equal to or greater than that held at the time of notification; or

accepts a position equal to or greater than the salary grade level, salary rate, and appointment status of the position held at the time of notification; or

has received twelve months priority re-employment consideration; or

or accepts a position at a lower salary grade and/or salary rate and is subsequently terminated by disciplinary action

A career state employee with priority status who has reason to believe priority consideration was denied in a selection decision may appeal in accordance with HR policy 08.520; SPA Employee Appeals and Grievances. Such appeals may go to the State Personnel Commission.