Reduction in Force Policy
Effective Date: July 1, 2009
Board Approval: June 9, 2009
Board Approved Amendments: November 6, 2024
1. Purpose
1.1. To define policy and procedure on the terms and conditions of a reduction in force (RIF), including layoff and recall of personnel in the Tooele Technical College (TTECH), and the procedures by which such actions are initiated and processed.
2. References
2.1. Board of Higher Education Policy R843, Guidelines for Reduction in Force Policy
2.2. Board of Higher Education Policy R845, Guidelines for Payment in Lieu of Notice Policy
2.3. TTECH Employee Definitions Policy
3. Definitions
3.1. Reduction in Force. A reduction in force occurs when the College must reduce positions due to the lack of work, the need to reorganize positions for greater efficiencies, insufficient student enrollments in a specific program, budgetary constraints, or other business reasons. Reduction in force is not a disciplinary action.
3.2. Seniority. Seniority refers to the number of years in a full-time position at the College in the most recent period of service. Prior periods of employment interrupted by termination of employment, temporary, or part-time employment will not be considered. Seniority is not restricted to time employed within one unit or department. When a program moves from Tooele County School District (TCSD) to TTECH, the faculty will maintain their full-time years of service.
3.3. Function. A function refers to a program, department, or support position within TTECH.
3.4. Bumping rights. Bumping rights allow an employee to displace another employee due to a reduction in force. These rights are created through a seniority system.
4. Policy
4.1. When it becomes necessary to implement a RIF, the President will determine how best to reduce staff and costs while maintaining the optimal human capital needed to continue the mission of the College by determining, based on the President’s judgment, which function(s) will have the most negligible impact on the College as a whole.
4.2. All part-time or temporary positions are temporary by nature and can be eliminated anytime for any legal reason. As such, part-time and temporary positions may be considered and impacted as part of the President’s decisions in a RIF situation, but as these positions may be eliminated at any time, they are not subject to the provisions of this RIF policy.
4.3. After the President determines which function(s) will be impacted by the RIF, and the function to be impacted by the President’s determination has more than one position, the President will consider the following elements when deciding which position is to be eliminated:
4.3.1. The qualifications of individuals within that function. Qualifications can include relevant current certifications, licensures, education, training, and related experience, among others.
4.3.2. Individual performance and documented unacceptable conduct or an active performance improvement plan.
4.3.3. The faculty’s willingness or ability to work year-round.
4.3.4. Should the President determine that all elements listed in 4.3 be equal, the person with the least seniority will be eliminated.
4.4. Effort to Place Personnel in Other Positions. In the event of a reduction in force, hiring authorities for other open positions are to give priority to the affected person if they are qualified for the open position.
4.4.1. The College is not required to create a position for or retrain personnel who are reduced.
4.4.2. The College does not recognize “bumping rights.”
4.4.3. Part-time or temporary employees, or employees who were under a performance improvement plan or had an active warning letter of unacceptable conduct at the time of the RIF, are not eligible for priority consideration for other open positions.
4.5. Recall. A recall is required only if the position from which the employee was terminated becomes open again within six months. The recall does not apply to part-time or temporary employees or employees who were under a performance improvement plan or had an active warning letter of unacceptable conduct at the time of the RIF.
4.6. Benefits. Benefitted employees who are terminated due to a reduction in force and who thereafter are rehired within six months will be reinstated without loss of benefits based on longevity of employment (i.e., the previous service date will be used in determining time-related rights concerning seniority, vacation, accrued sick leave, medical/hospital coverage, etc., with the exception of benefits which may not be within the power of TTECH to grant).
4.7. Notice of Reduction in Force Termination and Termination Compensation. An employee affected by a reduction in force will be notified in writing, by electronic or written notice. When it is necessary for the College to implement a reduction in force, full-time employees will be given one month of pay and continued benefits for that month after the notice of termination has been given.
4.7.1. Part-time and temporary employees, terminations for just cause, and voluntary terminations are not eligible for termination compensation.