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Appendix E - Criteria for Academic Reduction in Force
     
Article I - Agreement
Article II - Recognition
Article III - Definitions
Article IV - Negotiation Procedures
Article V - Non-Discrimination
Article VI - Association Rights
Article VII - Academic Freedom
Article VIII - Professional Dues or Fee & Payroll Deductions
Article IX - Grievance Procedure
Article X - Leaves
Article XI - Employee Rights
Article XII - Working Conditions
Article XIII - Personnel Files
Article XIV - College Calendar
Article XV - Holidays
Article XVI - Appointment of Faculty
Article XVII - Unit Vacancies
Article XVIII - Reassignments
Article XIX - Evaluation of Faculty
Article XX - Due Process
Article XXI - Reduction in Force
Article XXII - Workload
Article XXIII - Salary
Article XXIV - Reduced Workload
Article XXV - Other Duty and Compensation
Article XXVI - Additional Duty Assignment
Article XXVII - Employee Benefits
Article XXVIII - Travel
Article XXIX - Department Chairperson
Article XXX - Retiree Benefits
Article XXXI - Miscellaneous
Article XXXII - Public Charges
Article XXXIII - Unit Stability
Article XXXIV - Statutory Changes
Article XXXV - Savings Clause
Article XXXVI - District Rights
Article XXXVII - No Strike, No Lockout
Article XXXVIII - Completion of Meet and Negotiation
Article XXXIX - Faculty Service Areas
Appendix A - Faculty Salary Schedules
Appendix B - Co-Curricular Activities
Appendix C - Advising, Counselor/Librarian Hours & Stipends
Appendix D - Side Letter - Access to Personnel File
Appendix E - Criteria for Academic Reduction in Force
Appendix F - Family Care Leave
Appendix G - Lecture Equivalancy Hours - Athletics
Appendix H - Retiree Fringe Benefit
Appendix I - Approved Academic Calendar
Exhibit 1 - Non-Contractual Memorandums of Understanding
Section 1. General
 
In the event the District determines that it is necessary to reduce the number of contract and regular certificated employees, such reductions will be made in accordance with applicable statutes and in accordance with the procedures in this Article. Prior to any regular faculty member being laid off or reduced, the actions must occur in the following order.*
 
  1. The District must lay off temporary (hourly) instructors in the particular kind of service(s) in question.
  2. The District must lay off contract and/or probationary, and/or regular faculty members for overload assignments except as the overload is part of a single class needed to make load in the particular kind of service(s) in question.
  3. The District must lay off contract and/or probationary faculty members in the particular kind of service(s) in question.
 

In any event the District will not be required to, nor will they, retain an employee with less seniority than an employee who is laid off in the subject related areas. Should there be a conflict between the statutes pertaining to an academic reduction in force and this Article, the statutes will prevail. (Education Code Section 87743 read, in part: “...provided, that the services of no regular employee may be terminated under the provisions of this Section while any contract employee, or any other employee with less seniority, is retained to render a service which said regular employee is academic and competent to render.”)


*   The order refers to the effective date of non-re-employment of the employee involved.

 
Section 2. Reduction Criteria
 
The District, shall, in good faith, retain the most senior qualified faculty members who are competent in the particular assignments in question.
 
  1. Qualification means the possession of the authorized credentials issued by the State of California for service in a California public Community College authorizing service in the area in question.
  2. Competency means demonstrated acceptable performance. Competency may be demonstrated by submission of evidence, subject to verification by the District, of the following:
    1. Teaching experience in the particular kind of subject related service(s) in question:
    2. The recency of such teaching experience;
    3. The level of the teaching experience and the duration of such teaching experience;
    4. Credentials, degrees, majors and minors;
    5. Comparable related non-teaching work experience as may be applicable to the particular kind of subject related service(s) in question;
    6. Comparable course work, workshops, seminars, and other experiences of a similar nature which may have a bearing on the position in question.
 
B.1 In addition to (B) above, a faculty member will be considered to have demonstrated acceptable performance (competency) in a particular subject if the member has taught in that subject related service at an accredited post-secondary institution for at least three (3) different semesters (or equivalent) in the last ten (10) academic years, or one (1) semester (or equivalent) in the last five (5) academic years.
 
B.2 The Association and the District agree that a faculty member and/or the Association may challenge the District’s determination of competency of an individual at a lay-off hearing in accordance with the faculty member’s rights guaranteed by statutes.
 
B.3 Plus Education Code Section 87740 through Section 87743.
 

Gavilan College, 5055 Santa Teresa Blvd.

Gilroy CA 95020 (408) 848-4888

This page was last updated April 6, 2008.