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Labor Relations Commons

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2022

Collective bargaining agreements

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Full-Text Articles in Labor Relations

Retrenchment Clauses And The Problem Of Force Majeure: Evidence From Aaup Chapter Collective Bargaining Agreements In Ohio, Dominic Wells, Trey Peters Mar 2022

Retrenchment Clauses And The Problem Of Force Majeure: Evidence From Aaup Chapter Collective Bargaining Agreements In Ohio, Dominic Wells, Trey Peters

Journal of Collective Bargaining in the Academy

In May of 2020, the University of Akron administration invoked the force majeure clause in their collective bargaining agreement with faculty, which they used to justify bypassing the negotiated retrenchment procedures. The AAUP-Akron challenged the decision by administration, but ultimately lost in arbitration. Faculty at the university were laid off without consideration of rank or tenure status. The arbitrators decision in favor of the administration underscores the need for clear retrenchment language in contracts. This article analyzes the retrenchment language in AAUP chapter contracts in Ohio. Contracts are coded for language on financial exigency, conditions, consultation, order, alternatives, notice, and …