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ARTICLE 33 LAYOFF 33.1 When the President determines that a layoff is necessary on a campus because of a lack of work or lack of funds, the following procedures shall apply. 33.2 When the CSU determines that there may be a need for implementation of any procedures outlined in this Article, the CSU agrees to immediately notify the Union, and upon written request, meet and confer with the APC on the bargaining unit impact. 33.3 Involuntary reduced worktime shall refer to an involuntary reduction in the time base of full-time employees in one (1) or more classifications within the bargaining unit, and shall be subject to provision 33.2 of this Article. 33.4 Prior to implementing layoff procedures, voluntary programs to avoid layoff including, but not limited to, reduced worktime, unpaid leaves of absence, and use of the 10/12 and/or 11/12 pay plans, shall be made available. 33.5 Student assistants performing work that is the same as, or comparable to, the work performed by a probationary or permanent employee in a classification within an organizational unit undergoing layoff shall be separated prior to laying off any probationary or permanent employee in the classification within the organizational unit undergoing layoff. Order of Layoff 33.6 Layoff shall be within classifications determined by the President. Ten (10) month, eleven (11) month, twelve (12) month and academic year positions with the same class title shall, for the purposes of layoff, be considered a single class. The order of layoff shall be:
Temporary and probationary employees in a classification shall be separated or laid off before permanent employees in the same classification. Non-reappointment of a temporary employee does not constitute a layoff. Temporary and Probationary Employees 33.7 The President shall establish the order of layoff for temporary and probationary employees in a classification by considering only the following factors:
Permanent Employees 33.8 The order of layoff for permanent employees in a classification shall be in reverse order of seniority. 33.9 A permanent employee who possesses documentable specialized skills that are needed for the program, not possessed by other employees in classification(s) undergoing layoff, may be excluded by the President from the layoff list. Computation of Seniority Points for Permanent Employees 33.10 All seniority points calculated for and earned by permanent employees prior to June 30, 1983 shall remain unchanged. Such seniority points shall serve as the base to which additional seniority points, earned pursuant to the terms of this Agreement, shall be added. The computation of seniority points pursuant to the following provisions shall replace the existing method of computation for points earned subsequent to June 30, 1983. Recalculated seniority points will become available as of August 1, 1994. Thereafter, seniority points shall be calculated and provided to the Union by the Office of the Chancellor upon written request by the Union, but no more often than two (2) times per year. 33.11 Full-time permanent ten (10) month employees, eleven (11) month employees, twelve (12) month employees, and academic year employees shall earn one (1) seniority point of service credit in a given class for each qualifying month of employment. Part-time employees holding permanent status shall earn seniority points proportional to the time base served. In no case shall a permanent employee earn more than twelve (12) seniority points per year. 33.12 For the purpose of computing permanent employee seniority credit, length of service includes continuous time served on the campus as a temporary, probationary or permanent employee and is counted from the date of appointment to the current class held, consistent with provision 33.13 below plus any service in classes of equal or higher rank on the campus which has not been interrupted by a permanent separation. The term "class of equal rank" as used in this Article shall mean a class of not more than one-half (1/2) step (approximately two and one-half (2-1/2) percent) above or below the maximum salary of the employee's current class. The term "class of higher rank" as used in this Article shall mean a class which has a maximum salary of more than one-half (1/2) step (approximately two and one-half (2-1/2) percent) above the maximum salary of the employee's current class. 33.13 Seniority credit is counted from the first calendar month of appointment to the current classification held, or upon the return from leave without pay status (when such leave does not count for seniority credit pursuant to provision 33.15), if the appointment or return date is on or before the fifteenth (15th) calendar day of that month. Seniority credit is counted from the second calendar month of appointment to the current classification held, or upon the return from leave without pay status (when such leave does not count for seniority credit pursuant to provision 33.15), if the appointment or return date in the first calendar month is after the fifteenth (15th) calendar day in that month. 33.14 Seniority credit upon separation from a classification, or upon the commencement of leave without pay status (when such leave does not count for seniority credit pursuant to provision 33.15), shall terminate effective the end of the calendar month preceding the date of separation or leave if the date of separation is on or before the fifteenth (15th) calendar day of the month of separation. Seniority credit upon separation from a classification, or upon the commencement of leave without pay status (when such leave does not count for seniority credit pursuant to provision 33.15), shall extend until the end of the calendar month of separation or leave if the date of separation is after the fifteenth (15th) calendar day of the month of separation. 33.15 All time spent in family care, military, disability, loan of an employee to another governmental agency or leave with pay status shall count toward the accumulation of seniority points. All other time spent in leave without pay status, as well as periods of suspension without pay, shall not count toward the accumulation of seniority points; however, such time shall not constitute a break in continuous service. 33.16 In the event a class is abolished or the use of the class restricted and a new class established in its place, all time served in the prior comparable class shall be counted as service in the new class. Tie-Breaking in the Order of Layoff 33.17 A tie exists when two (2) or more permanent employees in a classification undergoing layoff have the same number of seniority points. 33.18 The President shall break ties in establishing the layoff order of permanent employees by considering documentable specialized skills and the competencies of the employee. Employee Notice of Layoff 33.19 Except as provided in Article 13, Appointment, a temporary or probationary employee who is to be laid off shall receive notice of such layoff from the President no later than thirty (30) days before the effective date of layoff. 33.20 A permanent employee who is to be laid off shall receive notice of such layoff from the President no later than forty-five (45) days prior to the effective date of layoff. 33.21 All notices of layoff shall be in writing and mailed by certified mail, return receipt requested, to the employee's last known mailing address. Employee Options in Lieu of Layoff 33.22 A permanent employee who has received a notice of layoff may exercise his/her right to elect transfer to any vacancy on the campus in the bargaining unit for which he/she is currently qualified. Such qualifications shall be determined in the normal manner. When two (2) or more such permanent employees elect transfer to the same vacancy in accordance with this provision, the employee to be transferred shall be selected on the basis of any of the following factors:
33.23 A permanent or probationary employee who has received a notice of layoff may elect to be transferred or demoted to any classification in which he/she has served as a permanent employee during the period preceding the layoff, provided the class has not been abolished, there has been no break in service, and the employee is currently qualified for the position. If the class has been abolished and the University determines a comparable class has been established, the employee may, in accordance with the foregoing, transfer to the new class. An employee who elects transfer or demotion pursuant to this provision shall have his/her seniority points recomputed, pursuant to provisions of this Article, on the basis of the class to which he/she is moving. 33.24 In order to elect the options in provisions 33.22 - 33.23 above, an employee must notify the campus Human Resources Office in writing not later than seven (7) days after receiving the notice of layoff. 33.25 An employee replaced by the demotion or transfer of an employee who has received a notice of layoff shall have the same rights as outlined in provisions 33.22 and 33.23 above of this Article. Reemployment Rights 33.26 The name of a laid off permanent employee shall be entered on a reemployment list by class in order of seniority. A name may remain on a reemployment list for five (5) years. It is the obligation of the laid off person to notify the campus of address change. 33.27 Position vacancies in a class for which there are names of qualified individuals on the reemployment list shall not be filled without first making an offer of reemployment to those on the list. If any individual on the reemployment list declines two (2) such offers, he/she waives his/her reemployment rights. An individual on a reemployment list may request inactive status for up to one (1) year. 33.28 An employee reemployed under the conditions of this Article shall retain permanent status rights, service credit (subject to California Public Employees' Retirement System (CalPERS) regulations), salary rate, sick leave, and seniority credits he/she held at the date of layoff. 33.29 The CSU shall provide a job clearinghouse to advise and inform employees in classifications undergoing layoff of employment opportunities at other campuses. The services of the clearinghouse shall be available upon request to permanent employees in receipt of a notice of layoff or former permanent employees on a reemployment list. A campus may not fill a vacancy without ascertaining whether such an employee or former employee has applied. If such an employee has applied for a vacancy, his/her application shall be considered, and if qualified for the vacant position, he/she shall be granted an interview. Such qualifications shall be determined in the normal manner. |
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