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ARTICLE 30 LAYOFF 30.1 It is the intent of the Employer to provide stability of employment to the employees. 30.2 When the President determines that a layoff is necessary on a campus because of a lack of work or a lack of funds, the following procedures shall apply. Notice of Impending Layoff 30.3
Order of Layoff 30.4 Layoff shall be within a defined occupational series grouping as established by Appendix
B. The order of layoff shall be: 30.5 Non-reappointment of a temporary employee does not constitute layoff. 30.6 When there is a layoff pursuant to provision 30.2 above, Limited Hourly, temporary,
apprentice, and probationary employees shall be laid off in a defined occupational series
grouping without regard to length of service. Layoff is be determined by merit and
competency in relation to program needs. 30.7 Permanent employees shall be laid off in a defined occupational series grouping as defined in Appendix B in reverse order of seniority. 30.8 An 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 All employees (Limited Hourly, Temporary, Apprentice, Probationary, and Permanent) earn seniority points but are not credited with these seniority points until they become permanent employees. 30.10 Permanent employees shall be credited with seniority points for service in a defined occupational series grouping for each qualifying month of employment as described in provision 30.11 below. 30.11 For the purpose of computing permanent employee seniority credit, length of service includes continuous time served as a Limited Hourly, temporary, apprentice, probationary, or permanent employee in a defined occupational series grouping, and is counted from the date of appointment to a class within a defined occupational series grouping. 30.12 Seniority credit is counted from the first calendar month of appointment to the current classification or classification within a defined occupation series grouping, if the appointment 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 or skill level within a classification held if the appointment is after the fifteenth (15th) calendar day in that month. 30.13 Effective July 1, 1996, the parties may mutually agree that an employee may be temporarily assigned to a position in another classification at a salary rate appropriate for the temporarily assigned duties and responsibilities. Such temporary assignment shall not exceed six months (180 days), except by mutual agreement of the parties. A temporary assignment implemented under this provision shall not be considered as a break in service for computation of seniority points, and an employee on such temporary assignment shall retain bargaining unit status. 30.14 In no case shall a permanent employee earn more than twelve (12) seniority points per year. 30.15 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, as long as both classes are within the same occupational series grouping. Tie-Breaking in the Order of Layoff 30.16 A tie exists when two (2) or more permanent employees in a defined occupational series grouping undergoing layoff have the same number of seniority points. 30.17 In establishing the layoff order of permanent employees, ties shall be broken considering
only the following factors: Voluntary Programs to Avoid Layoff 30.18 At least seventy-five (75) days prior to the effective date of a layoff, the president shall make available voluntary programs to avoid layoff in order to determine whether such programs can effectively mitigate the need to layoff. 30.19 Such programs shall include, but shall not be limited to: Notice of Layoff 30.20 A temporary, intermittent, apprentice or probationary employee who is to be laid off shall receive notice of such layoff from the president no later than forty-five (45) calendar days before the effective date of layoff. 30.21 A permanent employee who is to be laid off shall receive notice of such layoff from the president no later than sixty (60) calendar days prior to the effective date of layoff. 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 30.22 A permanent employee who has received a notice of layoff shall have the right to elect transfer to any vacancy for which he/she is currently qualified in the unit at the campus where notice occurred. Such qualification shall be determined in the normal manner. When two (2) or more such permanent employees elect transfer to the vacancy, the employee to be transferred shall be selected on the basis of any of the following factors: 30.23 A permanent, probationary, or apprentice employee who has received a notice of layoff may elect to be transferred or demoted to any previously held classification outside of the occupational series grouping in which he/she held permanent status at the campus, provided there has been no break in service. 30.24 In order to elect provision 30.22 or 30.23 of this Article, an employee must notify the campus Personnel Office in writing of his/her election not later than seven (7) calendar days after receiving the notice of layoff. 30.25 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 30.22 and 30.23 of this Article. 30.26 If an employee elects a demotion in lieu of layoff, he/she shall receive a payment above the maximum in accordance with Article 24, Salary. Re-employment Rights 30.27 The names of laid off permanent employees shall be entered on a re- employment list by classification in order of seniority. An employee's name shall remain on the re-employment list until he/she returns to a position within the defined occupational series group in the same classification or lower classification held at the time of layoff and at the same timebase as previously held. 30.28 Position vacancies in the same or lower classifications in a defined occupational series group for which there are names of qualified individuals on the re-employment list as established in provision 29.27 above shall not be filled without first making an offer of re employment to those on the list. If an individual on the re-employment list declines two (2) such offers, he/she waives his/her re-employment rights. An individual on a re employment list may request inactive status for up to one (1) year. 30.29 An employee re-employed under the conditions of this Article shall retain permanent status rights, service credit (subject to PERS regulations), salary step, sick leave, and seniority credits he/she held at the date of layoff. 30.30 Provisions of this Article shall apply only to the campus where the layoff occurred, except for provision 30.31 below. Re-employment Opportunities 30.31 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 re-employment list. No campus may fill a vacancy without first ascertaining whether there are individuals in the applicant pool who have been referred through the clearinghouse. Such individuals who have applied for the vacancy shall be interviewed. |
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