ARTICLE 25
LAYOFF
Purpose
25.1
On a campus when the Employer determines that a layoff is necessary
because of a lack of work or lack of funds, the following procedures
shall apply.
Notice of Impending Layoff - Union
25.2
When the CSU determines that there may be a need for implementation
of any procedures outlined in this Article, the CSU agrees to immediately
meet and confer with the Union on the bargaining unit impact.
Voluntary Programs to Avoid Layoff
25.3
At least forty-five (45) days prior to the effective date of a layoff,
the President shall make available voluntary programs to avoid layoff.
25.4
Such programs shall include, but shall not be limited to:
- a voluntary reduced worktime program;
A voluntary reduced worktime program may reduce the time worked by
an employee within the workweek or within the work year.
- leaves of absence without pay in accordance with Article 16, Leaves
of Absence Without Pay, of this Agreement.
Order of Layoff
25.5
Layoff shall be within classifications determined by the President.
Ten (10) month and twelve (12) month positions with the same class title
shall, for the purposes of layoff, be considered a single class. The
order of layoff shall be:
- first, temporary and probationary employees; and
- last, permanent employees.
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 layoff.
25.6 Temporary and Probationary Employees
The President shall establish the order of layoff for temporary and
probationary employees in a classification by considering only the following
factors:
- merit and competency in relation to program need; and
- affirmative action needs of the campus.
25.7
A temporary or probationary employee who possesses documentable specialized
skills that are needed for the program, not possessed by other employees
in a classification(s) undergoing layoff, may be excluded by the President
from the layoff list. This provision does not affect the order of layoff
specified in provision 25.5.
25.8 Permanent Employees
The President shall establish the order of layoff for permanent employees
in a classification in reverse order of seniority.
Computation of Seniority Points for Permanent Employees
25.9
All seniority points calculated for and earned by permanent employees
prior to June 30, 1982, 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.
25.10
Full-time permanent employees shall earn one (1) seniority point of
service credit in a given class for any pay period the employee was
in pay status for eleven (11) or more working days. Part-time employees
holding permanent status shall earn seniority points proportional to
the timebase served.
25.11
For the purpose of computing permanent employee seniority credit, length
of service includes continuous time served as a temporary, probationary
or permanent employee and is counted from the date of appointment to
the current class held, plus any service in classes of equal or higher
rank on the campus which has not been interrupted by a permanent separation.
25.12
For all permanent ten (10) month employees, one (1) point shall be
credited for any period in which the employee was in pay status for
eleven (11) or more working days. Those ten (10) month, full-time employees
participating in the 10/12 pay plan shall receive one (1) point of credited
service for each of the twelve (12) months.
25.13
In no case shall a permanent employee earn more than twelve (12) seniority
points per year.
25.14
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.
25.15
The term "class of equal rank" as used in this Article shall
mean a class which has a maximum salary of not more than approximately
two and one-half (2-1/2) percent above or below the maximum salary of
the employee's current class.
25.16
The term "class of higher rank" as used in this Article shall
mean a class which has a maximum salary of more than approximately two
and one-half (2-1/2) percent above the maximum salary of the employee's
current class.
Tie-Breaking in the Order of Layoff
25.17
A tie exists when two (2) or more permanent employees in a classification
undergoing layoff have the same number of seniority points.
25.18
The President shall break ties in establishing the layoff order of
permanent employees by considering only the following factors:
- specialized skills and competencies of the employees;
- documented meritorious service by the employees; and
- affirmative action needs of the campus.
Notice of Layoff
25.19
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.
25.20
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.
25.21
Such notice shall be in writing and mailed by certified mail, return
receipt requested, to the employee's last known address.
Employee Options in Lieu of Layoff
25.22
A permanent employee who has received a notice of layoff may exercise
his/her right to elect transfer to any vacancy for which he/she is currently
qualified. Such qualification 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 President may select
the employee to be transferred on the basis of merit.
25.23
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 there has been no break in service.
25.24
A permanent employee at the Chancellor's Office who has received a
layoff notice shall have retreat rights to his/her former campus, if
he/she had gained permanency at that campus. Such retreat rights exist
only if the employee's appointment at the Chancellor's Office was immediately
after separation from the campus.
25.25
In order to elect provisions 25.22 through 25.24 above, an employee
must notify the campus Personnel Office in writing of his/her election
not later than twenty (20) days after receiving the notice of layoff.
25.26
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 25.22 through 25.24 of this Article.
Reemployment Rights
25.27
The President shall enter the names of laid-off permanent employees
on a reemployment list by class in order of seniority. An employee's
name shall remain on the reemployment list until he/she returns to a
position in the same class held at the time of layoff and at the same
timebase as previously held. In no case shall a name remain on the reemployment
list for more than five (5) years.
25.28
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 an 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.
25.29
An employee reemployed under the conditions of this Article shall retain
permanent status rights, service credit (subject to PERS regulations),
salary, sick leave, and seniority credits he/she held at the date of
layoff.
Reemployment Opportunities
25.30
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 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.
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