Human Resources Policy: HR 08 95 (Revised May 1, 1997)

Purpose: To provide a process for downsizing the workforce due to shortage of funds or work, abolishment of a position, or other material change in duties or organization.

Scope: Such actions apply campus wide and are taken only after examining all other available alternatives.

Policy: When normal attrition does not produce the desired results and no other measures seem feasible, The University of North Carolina at Pembroke may terminate the employment of employees subject to the State Personnel Act.

Reduction in Force will not be used as a means of separating employees who should be separated for poor performance or unacceptable conduct through the disciplinary process.

Retention of employees in classes affected shall be based on systematic consideration of the following factors: type of appointment, relative efficiency, actual or potential adverse impact on protected group individuals (minorities and female), and length of service. However, neither temporary, probationary, nor trainee employees in their initial six months of training shall be retained in classes where employees with a permanent appointment (those who have satisfactorily completed a probationary or equivalent trial period) must be separated in the same or related class.

The University of North Carolina at Pembroke will inform the employee in writing of separation as soon as possible giving the reasons for the reduction in force, his/her eligibility for priority reemployment consideration, appeal rights, and other benefits available.

The University must provide employees with a 30-day notice of separation. For persons desiring priority consideration, The University of North Carolina at Pembroke will submit an application to the Office of State Personnel requesting priority consideration. If the employee does not want assistance in finding another State job, the University shall get a written statement to this effect and share a copy with the Office of State Personnel.

In addition to or in lieu of other factors, the following criteria will be used:

1.    The number of positions which must be deleted to meet the established goal;

2.    The feasibility of eliminating entire programs or parts of programs;

3.    Identification of areas where positions must be reduced or eliminated;

4.    Identification of the classification of positions to be eliminated to determine whether personnel can be interchanged with other work units. (Before deletion, attention should be given to using vacant positions to utilize employees who would otherwise be separated.);

5.    Exploration of all measures which would avoid the involuntary separation of employees;

6.    Evaluation of employees subject to reduction in force by using the following criteria, where possible, and others where appropriate:

a.    needs of the University to deliver services;

b.    relative skills, knowledge, productivity and value of employees (refer to documentation available from Performance Management Program);

c.    length of service of employees.*

7.    Documentation of steps followed in reduction in force;

8.    An impact analysis of proposed reduction in force on the University's workforce demographics.

* NOTE:    In situations where seniority or years of service is one of the considerations in retention, the eligible veteran shall be accorded one year of State service for each year or fraction thereof of military service, up to a maximum of five (5) years credit.

Procedures:

EEO (Equal Employment Opportunity): In accordance with Federal guidelines affecting equal employment opportunity and affirmative action, all decisions concerning reduction in force must be analyzed to determine their impact on departmental utilization goals by race and sex and to avoid adverse impact in violation of Section 4.d of the Uniform Guidelines on Employee Selection Procedures.

Leave and Salary Increases:
Vacation Leave - Employees are paid in a lump sum for accumulated vacation leave.

Sick Leave - Employees separated due to reduction in force shall be informed that they will not be paid for accumulated sick leave but that their sick leave shall be reinstated if employed in any State agency within five years.

Severance Salary Continuation: Severance salary continuation shall be paid to a State employee who is separated as a result of reduction in force and for whom there is no foreseeable opportunity for reemployment at the time of separation. This policy provides for uniform application of severance salary continuation for employees who are involuntarily separated due to reduction in force. Payment is based on total State service supplemented by an age factor. The age factor recognizes that older employees, although protected from discrimination on the basis of age, do have a more difficult time finding new employment due to lack of transferable skills, current salary level, geographic location and other factors.

Appeals: A career State employee with a permanent appointment and with 24 months of continuous service who is separated due to reduction in force shall have the right to appeal to the State Personnel Commission for a review to assure that systematic procedures were applied.

Provisions of the appeal procedure will be followed.