Understanding Reduction in Force (RIF): At the Community College level, RIFs are extremely rare and are always the last resort. In the unlikely event the District resorts to a RIF due to our fiscal problems, we want you to be prepared for yourself and to help your colleagues through this time.
Facts:
Full-time faculty, whether probationary or tenured, have a “property right” to their position, and cannot be laid off except for cause or in the event of a RIF procedure.
A RIF can happen when the Governing Board determines to reduce or discontinue a particular service or program, or if fiscal matters determine that the College must reduce its offerings due to lack of enrollment Educ. Code Sec. 87743.
By March 15th, the District must either personally give or send, by registered mail, written notice to the faculty member that they are on the District’s proposed layoff list. Educ. Code Sec. 87740.
Faculty have the right to a hearing and should avail themselves of it immediately. The District must prove to the court that the RIF is necessary and has been properly done.
RIFs follow a strict seniority system based on Faculty Service Areas (FSA), where tenured faculty in an FSA have first priority to positions, then probationary faculty, then non-tenure track faculty, and, lastly, part-time faculty. *PFF Co-President Laughlin’s related 12/4/19 email is copied below
The seniority list is the main determination of who can be laid off.
A faculty member who does lose their position has rehire rights for 39 months. This includes part-time as well as substitute positions Educ. Code Sec. 44956(a)(1). The District must rehire faculty based on the seniority list at their previous salary. This means that the District cannot hire part-time or temporary workers to teach classes in that department. They must first rehire, in order of seniority, those who were laid off.
A RIF notice does not mean that you will lose your job. The District can, and often does, rescind them. For example, in 2002 and 2003 faculty in the Counseling department received RIF notices, but they were rescinded.
Bottom Line: It is very unlikely that you will receive a RIF notice this year, but if you do, DON’T PANIC! There are many avenues of support. Contact the PFF immediately, whether you are a member of PFF or not, and we will guide you through the process. We have your back and will fight for everyone’s job. If you don’t receive a RIF notice by March 16th, you can relax, and please make sure to help your colleagues feel supported! Our probationary colleagues especially need to know that their more senior colleagues are on their side. If you have any questions about RIFs, please contact Teresa Laughlin at tlainelaughlin@gmail.com.
* Sent to faculty on 12/4/19:
Dear Colleagues,
There has been a lot of confusion and concern about interim VP Shanahan’s letter regarding Faculty Service Areas (FSA). There are two ways the FSAs affect faculty. First, each discipline determines the requirements for their own FSAs. The FSA must have the minimum requirements determined by the State, but some departments choose to include recency or other qualifications to the minimum. The Faculty Senate has a process that departments go through linked here.
In addition to the discipline’s FSAs, each faculty member has a FSA in the discipline they were hired into. Faculty members often have an additional degree or other qualifications and could possibly teach in other disciplines. Those faculty members can apply for additional FSAs here.
We discussed the memo and its import in the Strategic Planning Council yesterday. Dr. Blake said that the District has guiding principles when dealing with budget cuts which includes protecting full-time employees’ jobs. Moreover, she indicated that the FSAs should be reviewed each year to stay in compliance. Theoretically we will see a memo like this each year indicating the FSA the Human Resource Department has on record for each faculty member. There is no indication that there will be a reduction in force at this time. I will keep you posted on any changes.
In solidarity,
Teresa