ARTICLE 38

LAYOFF


Determination of the Necessity to Lay Off

38.1

The necessity for layoff of faculty unit employees shall be determined by the Employer on the basis of whether there exists, on a particular campus, a lack of work or lack of funds, or a programmatic change. Upon such a determination, the procedures of this Article shall apply.

38.2

Considerations in making such a determination shall include but not be limited to student enrollment data and projections, available funds, and scheduled curricular and program changes.

Exclusive Representative Notification and Representation

38.3

When the CSU determines that there may be a need for implementation of any layoff procedures outlined in this Article, the CSU shall notify CFA. The CSU agrees to immediately meet and confer with the CFA on the bargaining unit impact.

38.4

When the CSU determines that there may be a need for implementation of any layoff procedures outlined in this Article, the CSU shall notify CFA. The CSU agrees to immediately meet and confer with the CFA on the bargaining unit impact.

38.5

Within seven (7) days of notification to CFA of a potential layoff, CFA may request to consult pursuant to HEERA on alternatives to layoff. Such consultation session(s) shall take place within thirty (30) days of the request.

38.6

The following voluntary programs to avoid layoff shall be made available pursuant to this Agreement and program requirements. Such programs shall include but not be limited to:

  1. leaves of absence without pay, pursuant to Article 22;
  2. voluntary reduced timebase;
  3. temporary reassignment, full or partial;
  4. visiting appointments on another campus;
  5. extension appointments to augment reduction in timebase;
  6. voluntary retirement;
  7. early entry in the PRTB, pursuant to Article 30;
  8. difference in pay leaves, pursuant to Article 28;
  9. sabbaticals, pursuant to Article 27.

Unit of Layoff

38.7

For faculty employees, the unit of layoff shall be by department or equivalent unit.

38.8

For librarians, the unit of layoff shall be the library.

38.9

For coaches, the unit of layoff shall be by classification title and coaching specialty, regardless of work year.

38.10

For counselors, the unit of layoff shall be by classification title and specialty, regardless of work year.

Order of Layoff

38.11

The order of layoff within a unit of layoff designated by the President for a reduction in force shall be:

  1. first, less than full-time temporary faculty unit employees;
  2. next, full-time temporary faculty unit employees;
  3. next, faculty on the Faculty Early Retirement Program;
  4. next, full-time probationary faculty unit employees;
  5. last, tenured faculty unit employees.

38.12

Non-reappointment of a temporary faculty unit employee or non-retention of a probationary faculty unit employee shall not constitute layoff.

Temporary Faculty Unit Employees: Order of Layoff

38.13

The President shall establish the order of layoff for less than full-time temporary faculty unit employees in a unit of layoff and full-time temporary faculty unit employees in a unit of layoff by considering only the non-ordered following factors:

  1. academic/professional specialization and qualifications needed for the program of the department or equivalent unit;

  2. affirmative action needs of the campus and the affected department;

  3. merit based on information in the Personnel Action File.

Probationary Faculty Unit Employees: Order of Layoff

38.14

The President shall establish the order of layoff for probationary faculty unit employees in a unit of layoff by considering only the following non-ordered factors:

  1. academic/professional specialization and qualifications needed for the program of the department or equivalent unit;

  2. affirmative action needs of the campus and the affected department;

  3. merit based on information in the Personnel Action File;

  4. seniority points earned.

Tenured Faculty Unit Employees: Order of Layoff

38.15

The President shall establish the order of layoff for tenured faculty unit employees in a unit of layoff by reverse order of seniority. Tenured faculty unit employees holding a joint appointment in more than one (1) department or equivalent unit shall have full seniority rights in each of the departments to which the individual has been jointly appointed.

Tie-Breaking in the Order of Layoff

38.16

A tie exists when two (2) or more tenured faculty unit employees in a unit of layoff have the same number of seniority points.

38.17

The President shall break ties in the order of layoff by considering only the following non-ordered factors:

  1. affirmative action needs of the campus and affected department;

  2. relative merit, which shall be indicated, for the purpose of this provision, by the higher academic rank.

If ties still exist after the President has considered those factors, the order shall be determined by lot.

Exceptions to the Order of Layoff

38.18

A faculty unit employee may be excluded from the order of layoff only as provided in provision 38.19.

38.19

The faculty unit employee shall possess a demonstrable academic/ professional specialization needed for the current program of the affected department or equivalent unit. This academic/professional specialization is not possessed by the remaining faculty unit employees in the affected department. Such an academic/ professional specialization is of a primarily non-interchangeable nature.

Notice of Layoff

38.20

The following requirements for notice of layoff in event of lack of funds or lack of work shall serve as the minimum requirement for the date of notice. The CSU shall endeavor to provide earlier notification of layoff than that required, whenever possible.

  1. A temporary faculty unit employee who is to be laid off shall receive notice of layoff from the President no later than forty-five (45) days prior to the effective date of layoff.

  2. A tenured faculty unit employee participating in FERP who is to be laid off shall receive notice of layoff from the President no later than sixty (60) days prior to the effective date of layoff.

  3. A probationary faculty unit employee who is to be laid off shall receive notice of layoff from the President no later than ninety (90) days prior to the effective date of layoff.

  4. A tenured faculty unit employee who is to be laid off shall receive notice of layoff from the President no later than one hundred and eighty (180) days prior to the effective date of layoff.

38.21

The following requirements for notice of layoff in event of programmatic change shall serve as the minimum requirement for the date of notice. The CSU shall endeavor to provide earlier notification of layoff than that required, whenever possible.

  1. A temporary faculty unit employee who is to be laid off shall receive notice of layoff from the President no later than sixty (60) days prior to the effective date of layoff.

  2. A tenured faculty unit employee participating in FERP who is to be laid off shall receive notice of layoff from the President no later than ninety (90) days prior to the effective date of layoff.

  3. A probationary faculty unit employee who is to be laid off shall receive notice of layoff from the President no later than one hundred twenty (120) days prior to the effective date of layoff.

  4. A tenured faculty unit employee who is to be laid off shall receive notice of layoff from the President no later than one (1) year prior to the effective date of layoff.

38.22

A written notice of layoff shall be served by certified mail, return receipt requested. Such notices shall be sent to the faculty unit employee at his/her address of record.

Computation of Seniority Points

38.23

All seniority points calculated for and earned prior to June 30, 1983, shall remain unchanged. Such seniority points shall serve as the base to which additional seniority points, computed for and earned pursuant to the terms of this Agreement, shall be added. The calculation of seniority points shall be brought up to date annually. The list of seniority points for tenured faculty in each department shall be available for examination in the office of the Dean or appropriate administrator. Seniority points become credited upon the granting of tenured status. Seniority points shall be calculated as follows:

  1. Seniority points shall be earned for time spent in service during consecutive academic or fiscal years on the campus from the time of initial academic appointment. This provision shall be applied on a pro rata basis for less than full-time service. Service in appointments to extension, summer session, special session, or as a casual employment employee shall not count as time served.

  2. The maximum seniority points that may be earned in one (1) year shall be twelve (12).

  3. For full-time academic year faculty unit employees, one and thirty-three hundredths (1.33) points shall be credited for each academic pay period in which the faculty unit employee is in pay status for one-half (1/2) or more of the scheduled academic work days.

  4. For full-time ten (10) month faculty unit employees, one point two (1.2) points shall be credited for each qualifying pay period in which the ten (10) month faculty unit employee is in pay status for eleven (11) work days or more in the pay period.

  5. For full-time twelve (12) month faculty unit employees, one (1) point shall be credited for each qualifying pay period in which the twelve (12) month faculty unit employee is in pay status for eleven (11) work days or more in the pay period.

38.24

The seniority points of a faculty unit employee shall not be affected when a department or program is abolished, reorganized, or renamed.

38.25

The seniority points of a non-faculty unit employee who exercises his/her retreat rights to the faculty unit shall be calculated in accordance with this Article. Seniority points of faculty unit employees or non-faculty unit employees earned while serving in the Chancellor's Office shall be counted upon exercise of retreat rights to the campus.

Options in Lieu of Layoff

38.26

In lieu of layoff, a tenured faculty unit employee who received a notice of layoff may request a temporary or permanent reassignment to another position on the campus for which he/she is qualified. In lieu of layoff, a probationary faculty unit employee who received a notice of layoff may request a temporary reassignment to another position on the campus for which he/she is qualified. In each case, a faculty unit employee may request a meeting with his/her appropriate administrator in order to discuss his/her qualifications for the new position; such request shall not be unreasonably denied. Failure to hold this meeting shall not prohibit the layoff from being implemented. All such requests shall be provided to the recipient department which shall make a recommendation to the President regarding the request. The granting of such a request shall be subject to approval of the President. A tenured or probationary faculty unit employee shall receive written notice of reassignment. A notice of temporary reassignment shall indicate the duration of such a reassignment.

38.27

In cases of temporary reassignment, the tenured or probationary faculty unit employee shall maintain his/her position in the order of layoff and recall.

38.28

In cases of permanent reassignment, acceptance of the reassignment by the tenured faculty unit employee shall be deemed a waiver of any recall rights with respect to his/her previous department assignment. Such waiver shall be noted on any offer of permanent reassignment in lieu of layoff.

38.29

In cases of permanent reassignment, the tenured faculty unit employee shall maintain all seniority points previously earned. This provision may be waived if a permanent reassignment is granted pursuant to provision 38.30 below.

38.30

A permanent reassignment may be granted to a tenured faculty unit employee with permanent forfeiture of all or part of his/her seniority points. Such a permanent reassignment shall not be executed unless the faculty unit employee makes the request and provides a signed, written statement to the President indicating (a) the number of seniority points forfeited, (b) that the forfeiture is completely voluntary and binding, (c) that he/she has no right to restoration of such seniority points under any circumstances, and (d) that such a forfeiture shall not be cause to file allegations pursuant to Article 10 of this Agreement.

38.31

When departments, colleges, or other administrative units submit a proposal regarding a programmatic change or elimination which would result in the layoff of bargaining unit members due to programmatic change, the administrative unit shall attempt to include in such proposal, after consultation with the President or designee, those options, if any, to mitigate the layoffs. Such options may include placement of these faculty unit members in other positions at the University for which they are qualified, subject to applicable campus policies and procedures. The failure to identify options to mitigate potential layoffs shall not prohibit the proposal, including any resultant layoffs, from being implemented. This provision shall not be applicable to the layoff of faculty in cases where the programmatic change is due to either the lack of funds or lack of work.

Recall Rights and Opportunities

38.32

The President shall maintain a list of laid off faculty unit employees with effective dates of layoff for the following periods, or until the faculty unit employee returns to the position or comparable position with the same timebase as previously held, whichever is earlier:

  1. tenured faculty unit employees - five (5) years;

  2. probationary faculty unit employees - years equal to time spent in probationary status, not to exceed five (5) years.

38.33

Position vacancies for which there are names of qualified individuals on the recall list shall not be filled without first making a written offer of employment by registered mail, return receipt requested, to those on the list. Faculty unit employees shall be recalled in the reverse order of being laid off. Such offer must be accepted in writing within five (5) days of receipt. Employment may commence at the beginning of the next academic term (quarter, semester).

38.34

A tenured or probationary faculty unit employee recalled under the conditions of this Article shall retain all rights held prior to layoff. These rights shall include reemployment with the same status, service credit (subject to PERS regulations), salary steps, sick leave, and seniority points that he/she held at the date of layoff.

38.35

If an individual on the recall list declines two (2) offers of employment in the same or comparable position from which he/she was laid off, he/she waives recall rights. An individual on a recall list may request inactive status for up to one (1) year.

Reemployment Opportunities

38.36

The CSU shall make available information regarding employment opportunities of a similar nature to his/her current appointment at other CSU campuses.

38.37

A faculty unit employee undergoing layoff may apply for an employment vacancy for which he/she is qualified at any CSU campus.

38.38

A tenured or probationary faculty unit employee undergoing layoff shall be provided with job clearinghouse services upon his/her request. Such a request shall indicate the nature of desired future employment and the other CSU campuses at which future employment is desired. This information shall be provided to the campuses indicated and distributed to the appropriate departments or equivalent units so that an application, if any, of such a faculty unit employee may receive consideration.

General Provisions

38.39

A layoff shall refer to an involuntary separation or reduction in timebase pursuant to this Article.

38.40

No administrators may perform teaching duties in a department in which faculty unit employees are in layoff status who have not waived recall rights.

38.41

Upon approval of faculty unit employees in the unit of layoff, the provisions of this Article may be applied so as to reduce the timebase of the full-time faculty unit employees. Such reductions shall not affect probationary status or tenure or the provision of CSU benefits, except for salary. All provisions of this Article shall apply to such reductions.

38.42

A department or equivalent unit may recommend to the President academic/professional specializations and qualifications needed for the program as the term is used in provisions 38.13, 38.14, and 38.19.

38.43

The unit of layoff for a faculty unit employee shall be the department or equivalent unit in which he/she held a primary TSA/SAD on June 30, 1983. Permanent reassignment to another department or equivalent unit shall inactivate this provision.

38.44

A request for permanent reassignment pursuant to provision 38.26 shall be deemed approved if such a request is made by a faculty unit employee who, on June 30, 1983, held a secondary TSA/SAD in the recipient department or equivalent unit for which the permanent reassignment is requested.

38.45

The assignment of an individual serving in an administrative position to full-time duties within the bargaining unit shall not be cause for layoff of any full-time employee in that department or equivalent unit.


Content Contact:
Collective Bargaining
(562) 951-4400
Technical Contact:
webmaster@calstate.edu

Last updated: October 10, 2002

Labor Relations Home | CFA Negotiations | Contracts | Memos