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Publication Date: May 2, 1994

Chapter 3

Staff

3.5 Policies and Procedures for Reduction in Force

  1. Purpose

    The purpose of this policy is to provide guidelines and procedures for implementing a reduction in force that affects classified employees of The University of Texas at San Antonio.

  2. Policy

    It is the policy of UTSA to implement a reduction in force when necessary because of financial exigency or a bona fide reorganization. Following appropriate consultation with the Vice President for Business Affairs and other Executive Officers as circumstances may dictate, the appropriate Vice President, with the approval of the President, shall decide when it is necessary to reduce the work force because of a financial exigency or a bona fide reorganization. The decision shall be based on a report prepared at the direction of the appropriate Vice President.

  3. Procedures

    1. Development of Report

      1. Contents of Report Requesting a Reduction in Force

        The report shall include supporting documentation and shall contain the following:

        (1) factual information that shows the existence of a financial exigency or that a proposed reorganization will result in a more cost effective or efficient administrative unit;

        (2) a description of the functions or services supplied by the administrative unit that will be by the proposed reduction in force, how those functions or services will be combined, altered, or eliminated and the rationale for the combination, alteration or elimination;

        (3) an explanation of why no alternatives to a reduction in force are feasible;

        (4) identification of those jobs or positions that will be affected; and

        (5) utilization of the criteria in Section 3 to identify those employees who are to be terminated and an explanation of how and why each person was selected for termination.

    2. Planning Requirements

      1. Before a reduction in force is proposed, alternatives that may eliminate its need or limit its scope shall be considered. Such alternatives include, but are not limited to, job sharing, temporary leaves of absence without pay, attrition, pay freezes or pay cuts, demotions, and/or selective temporary freezes of vacant positions.

      2. The goal shall be to identify those functions and positions that can be altered or eliminated with least effect on the work force and necessary services of the unit.

      3. The head of the affected administrative unit shall recommend to the appropriate vice president which functions or positions should be combined or eliminated. In making that decision, existing business conditions, as well as future needs of the administrative unit and UTSA, may be considered.

    3. Terminations

      Where a financial exigency or bona fide reorganization results in the need to terminate employees, the head of the administrative unit seeking the reduction shall be responsible for deciding which employees will be terminated. The criteria to be used for selecting which of the affected employees will be terminated shall include but are not limited to:

      1. employee qualifications for the jobs remaining after the reduction;

      2. employee work performance as evidenced by written evaluations or other documentation; seniority will be the determining criteria in those cases where employees are equally qualified;

      3. status as a regular, full-time employee will be given preference unless it is in the best interest of UTSA to employ part-time, temporary, or hourly employees for the available positions;

      4. to the extent possible, and where an affected employee's qualifications are compatible with the requirements of vacant positions in other academic or administrative units of the university, employees may be transferred if the best interests of the university can be served.

    4. Notice

      1. Employees who are to be terminated shall be provided with as much advance written notice as possible in order to avoid personal hardship. To the extent possible, notice shall be at least sixty (60) days in advance of the proposed date of termination.

      2. The written notice of termination shall include an explanation of the reasons for the reduction in force and an explanation of why an employee's position is to be eliminated or why a particular employee has been selected for termination.

    5. Appeal Procedures

      1. An employee who is to be terminated may appeal that decision to the head of the affected administrative unit within ten (10) work days of receiving notice of termination. The reasons for grieving shall be limited to claims that a financial exigency does not exist, that the reorganization was not bona fide, that a comparison of the employee's qualifications and performance with those of employees who were retained shows that the selection of the employee was arbitrary and without reason, or that the termination decision was made for reasons that are unlawful under state or federal laws or constitution.

      2. The appeal shall be in writing and shall state all pertinent facts, and the head of the administrative unit shall respond to the appeal within ten (10) work days of its receipt.

      3. If the employee is not satisfied with the response, he or she may, within five (5) work days of response, appeal in writing to the appropriate Vice President (or equivalent officer) stating why the response is incorrect. The Vice President (or equivalent officer) shall review the appeal and response and make a decision within thirty (30) days of receipt of the appeal. The decision shall be final, will be in writing, and shall be mailed to the employee via registered or certified mail.

    6. Reemployment

      Reemployment procedures for employees terminated pursuant to a reduction in force shall include the following:

      1. The UTSA Human Resources Office shall keep a list of the names of employees terminated because of a reduction in force. The names of the former employees shall remain on the list for a period of two years after the date of termination unless deleted pursuant to Section 6.c. below.

      2. As jobs become available at UTSA within the same job classification or in classifications requiring similar skills and training, reasonable effort will be made to notify and reemploy qualified former employees on the reemployment list. A notice of open positions for which the former employee may be qualified shall be sent to his or her last known address by registered or certified mail. It shall be the responsibility of the former employee to apply for any position for which he or she feels qualified.

      3. A reasonable period of time, not to exceed ten (10) work days, shall be provided to allow each former employee who is notified to apply for reemployment. Former employees who are notified and fail to respond within ten (10) work days or reject reemployment opportunity will be removed from the reemployment list. The ten (10) work day application period may be extended for good cause.

      4. Any former employee will have his or her sick leave balance restored if reemployed by UTSA within twelve (12) months of the initial lay-off.

    7. Nondiscrimination in Termination and Reemployment

      All termination and reemployment decisions pursuant to this policy shall be made without regard to race, color, national origin, religion, sex, age, veteran status, handicap or disability of the employee. As part of the review process prior to initiation of a reduction in force, an assessment shall be made on the effects that such proposed terminations and/or reassignments will have on the utilization of women and minorities.

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