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