I think our contract says they have to, unless I'm not reading it correctly?
ARTICLE 47
REDUCTION-IN-FORCE (RIF)
Section 1. The Agency agrees to avoid or minimize a RIF by taking such actions as restricting recruitment and promotions, by meeting ceiling limitations through normal attrition, and by reassignment of qualified surplus employees to vacant positions.
Section 2. The Agency agrees to notify the Union when it is determined that a RIF action will be necessary within the unit. The Union will be notified as to the number of positions to be reduced and the vacant positions that management has authorized for staffing. At this time, the Agency and the Union will negotiate the procedures that management will follow in the implementation of the RIF. This notification shall be made at least ninety (90) days before implementation.