A guide to the retrenchment process, procedures, and timelines as defined by the Utica University - AAUP-Utica Collective Bargaining Agreement (CBA) including all relevant memoranda of agreement (MOAs).
The CBA establishes that retrenchment is an extreme measure "not to be entered into lightly." This sets a high standard for any proposed workforce reduction.
CBA 8.18(C) acknowledges that the student experience is "enhanced by students having as many of their courses as possible taught by full-time, and especially tenured and tenure-track, members of the faculty, and that the College's stability and quality as an academic instituion is enhanced by a substantial and stable cadre of tenured and tenure-track members."
No retrenchments or layoffs of bargaining unit members.
Until May 31, 2025
"Retrenchments and layoffs will occur solely for the reason of the University's financial exigency." Programmatic retrenchments are not permitted.
June 1, 2025 – May 31, 2027
The MOA's commitment sunsets. Retrenchment for programmatic reasons becomes available again and must follow the procedures outlined in the CBA.
Post-May 31, 2027
Before any retrenchment or layoff decision is made, the Provost must notify the faculty of the affected department, department Chair, Dean, and the Union of the proposed retrenchment plan. For programmatic cuts, this notice must be at least 180 days in advance.
Following the noticed of the proposed retrenchment plan, the Union has 30 days from the notice to request a meeting to discuss the rationale and implementation of the proposed retrenchment plan.
Where feasible, the University must first attempt to achieve reductions through retirements and resignations.
If attrition is insufficient, bargaining unit members are given up to 60 days to agree among themselves on the order of retrenchment.
Only after all previous steps are exhausted, can involuntary layoffs occur in this strict hierarchical order:
Layoffs are conducted by seniority, but with a key exception: a retained member must have the experience and qualifications to teach the courses of the affected member.
Any member retrenched before May 31, 2029, must be reimbursed in their final paycheck for salary and retirement contribution reductions from the 2024-2025 academic year.
Affected faculty have recall rights for 3 years if their programs are reinstated. Recalls happen in reverse order of layoff (most senior recalled first).