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<\/figure><\/div>\n\n\n\nQ & A<\/h1>\n\n\n\n
Job Security Rights Related to the SUNY Fiscal Crisis<\/strong><\/p>\n\n\n\n UUP\u2019s statewide officers and Labor Relations Specialists are communicating with chapter presidents and vice presidents to assist them as they address member concerns and prepare for Labor-Management discussions about campus-specific issues related to the current economic uncertainty due to COVID-19.<\/p>\n\n\n\n Below are some definitions to help clarify terms associated with potential program and personnel cuts. They are followed by answers to common questions.<\/p>\n\n\n\n No. It is illegal to impose unilateral furloughs on public employees in New York that are represented by a union. Instead of layoffs, UUP has negotiated an orderly process known as retrenchment <\/em>with notice time limits to inform UUP unit employees in the event of job loss and an inverse seniority process to determine retrenchments.<\/p>\n\n\n\nWhat is the retrenchment process (Article 35 of the UUP contract)?<\/strong>\n\n\n\n If a campus considers reducing the number of academic and\/or professional employees through retrenchment, they must first create a pre-retrenchment plan which must be presented to and approved by SUNY. UUP would be provided with a briefing that includes the facts and rationale used for the retrenchments. The information must specify the level of the campus at which retrenchment will occur (e.g., campus-wide, division, department, unit, program). UUP will have an opportunity to discuss and dispute the facts or reasons given for retrenchment with a representative of the Governor\u2019s Office of Employee Relations. UUP reserves the right to grieve, or otherwise object, to any part of the retrenchment plan and\/or process that we find in violation of our contract or law. Retrenchment would occur among employees holding the positions subject to retrenchment at the organization level (campus-wide, division, department, program, unit, etc.) in inverse order of appointment (seniority) within each affected group of employees as follows:<\/p>\n\n\n\nAcademic Employees:<\/strong>\n\n\n\n The State will notify affected employees in writing as soon as practicable using these notification guidelines:<\/p>\n\n\n\n (UUP contract Article 35.3(a))<\/p>\n\n\n\n The retrenchment process contains other terms and conditions that are detailed in Article 35 and Appendix A-6 of the UUP contract; please ask your chapter president for details.<\/p>\n\n\n\n SUNY Policy on Program Deactivation and Discontinuance: https:\/\/www.suny.edu\/sunypp\/documents.cfm?doc_id=332<\/a><\/p>\n\n\n\n UUP Contract Article 35: https:\/\/uupinfo.org\/contract\/pdf\/20162022NYSUUPAgreement.pdf<\/a><\/p>\n\n\n\nWhat options are available if my position is retrenched?<\/strong>\n\n\n\n Yes. The retrenchment process contains provisions for potential re-employment on your current campus depending on qualifications, and the ability to apply for vacancies at other similar state-run campuses within SUNY.<\/p>\n\n\n\nIf my position is retrenched, will I have health insurance and other health benefits afterward?<\/strong>\n\n\n\n Yes, if you were benefits-eligible at the time of retrenchment. If you were, you will be covered by the New York State Health Insurance Program for a period not to exceed one year (UUP contract Article 35.8). The employer will continue to pay their share of the premium, and the retrenched employee will be billed directly for their share of health insurance costs. UUP dental and vision benefits will continue for one year at no additional cost.<\/p>\n\n\n\n UUP life insurance is covered during the first year after retrenchment, and the employee may convert to their own policy thereafter.<\/p>\n\n\n\n After one year, health insurance benefits extend 28 days after the last day of the last payroll period (one year after the effective date of retrenchment). Employees may elect COBRA benefits for up to 18 months at full cost, plus an administrative percentage. UUP vision and dental ends after a 28-day run-out period.<\/p>\n\n\n\n I hold a temporary <\/em>appointment. What employment security do I have? <\/strong>Unfortunately, employees holding temporary <\/em>appointments may be released from employment at any time with little or no notice. There is no appeal or review process for this type of employment separation.<\/p>\n\n\n\nShould UUP Chapter representatives participate in or be part of college or university-sponsored committees to plan for program deactivation or position retrenchments?<\/strong>\n\n\n\n UUP\u2019s 1975 \u201cFounding Principles\u201d state that:<\/p>\n\n\n\n (Delegate Assembly: October 10, 1975)<\/p>\n\n\n\n UUP chapter representatives may choose to be non-voting members of such committees to gather facts about the college\u2019s or university\u2019s decision-making process. A word of caution: The presence of UUP representatives at such meetings cannot be construed as UUP agreement with the outcomes. Clarification of UUP positions should take place through the Labor-Management process established through the UUP contract.<\/p>\n\n\n\nWhat could occur if I hold a term appointment?<\/strong>\n\n\n\n The college president can non-renew an appointment for an academic or professional employee for many reasons, including financial exigencies. This means that your college could choose to non-renew your appointment at the end of the appointment term because of the financial conditions of your campus, instead of using the retrenchment process. There are minimum notices of non- renewal timelines (outlined in Article 32 of the UUP contract), which include:<\/p>\n\n\n\n More rights concerning the appointment renewal and recommendation process can be found in Article 31.1 and 31.6 of the UUP contract, or by asking your chapter president.<\/p>\n\n\n\nWhat resources are there to assist me if I am retrenched or my appointment is not renewed?<\/strong>\n\n\n\n https:\/\/goer.ny.gov\/system\/files\/documents\/2018\/12\/retraining-fellowship-<\/u><\/a> program-application_0.pdf<\/a><\/p>\n\n\n\n Employment Coaching and Placement Program<\/strong>: Assists employees who are retrenched or who are perceived to be at high risk of retrenchment with resume preparation, testing, coaching and placement fees, and travel costs. More information can be found at: https:\/\/goer.ny.gov\/system\/files\/documents\/2018\/12\/employment-<\/a> coaching-and-placement-program-guidelines.pdf<\/a><\/p>\n\n\n\n https:\/\/goer.ny.gov\/system\/files\/documents\/2018\/12\/employment-<\/a> coaching-application-12-2018_0.pdf<\/a><\/p>\n\n\n\n