Continuing Appointment System of FRIB-NSCL

11. Position of CA Staff in the Event of a Cutback in Laboratory Funding

11.1. Continuation of CA System appointments is, in all circumstance, contingent on availability of funds. Where the Laboratory does not have sufficient funding, the following procedure will apply with respect to termination from employment. Decisions regarding staff reductions are to be based on the overall program goals consistent with grant funding.

11.1.1. The Director, after consultation with the faculty, Department Heads and CA staff, will prepare a list of proposed staff reductions based on the criterion of balancing the budget and maintaining the essential functions of the Laboratory in the most effective possible manner. This list will be circulated to all CA staff.

11.1.2. A seven person Review Committee will be appointed by the Provost or designee, consisting of three persons from a group of six nominated by the potentially affected staff members, three persons from a group of six nominated by the Director, and one person from a group of two nominated by the Program Officer of the Laboratory's major funding agency. The committee will not include the Director or any potentially affected staff member. If a person selected by the Provost or designee declines to serve, the appropriate nominating group shall have the opportunity to make replacement nominations, subject to the limitation that if a committee willing to serve is not fully constituted within a period of 30 calendar days from the time of the initial request for nominations, the Provost or designee may proceed to finalize the committee by naming individuals of her/his own choice.

11.1.3. The Review Committee will be charged to hear from the Director as to the reasoning supporting her/his recommendations, to hear petitions from potentially affected staff members wishing to make presentations, to receive opinions from such other advisors as it wishes to consult, and to make written recommendations to the Provost or designee within 30 calendar days from the date the committee membership was finalized.

11.1.4. Within 20 calendar days of receiving the report from the committee, the Provost or designee will inform the Director of her/his decision regarding the proposed plan. The staff reductions, if any, will take effect in no less than three months from the date that the Director was informed by the Provost's office.

11.1.5. Staff reductions made under this section will not be subject to the FRIB/NSCL Grievance process.

11.1.6. Any person separated from the Laboratory pursuant to this section shall be given a priority preference in the filling of any staff vacancy in the Laboratory for which the individual is qualified. This priority will remain in effect for three years starting from the date of separation. During this period, eligible individuals will be notified in writing regarding such vacancies and must return an indication of interest to the Laboratory within ten calendar days in order to exercise their priority preference.

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