ARTICLE 20 – LAYOFF AND REDUCTION IN TIME
This Article covers indefinite layoff and reduction in time, temporary layoff and reduction in time, and involuntary transfer of an employee to a limited position resulting because of the elimination of a career position.
- The University shall determine when temporary or indefinite layoffs or reductions in time are necessary, due to lack of work or lack of funds.
- A layoff is an involuntary separation from employment or an involuntary transfer to a limited position of a career employee. Layoff shall also include involuntary reductions in the number of regularly scheduled hours of work. Layoffs may be temporary or indefinite.
- A temporary layoff is a layoff in which the University specifies a date for recall to work or return to previous status of not more than four (4) months.
- An indefinite layoff is a layoff for which no date for recall to work or return to previous status is specified.
C. Order of Layoff
- Limited positions are normally the first positions to be reviewed when a decrease in staffing levels is necessary. The University shall attempt to minimize indefinite layoffs from career positions by first reviewing the necessity of limited appointments within the bargaining unit.
- Indefinite layoff and reduction in time is effected by department and by class (title code), or by craft within a department. For the purposes of this Article, a craft is defined as employees in the journey level, lead and assistant supervisor positions. The order of indefinite layoff and reduction in time of employees in the same class or respective craft if applicable, within a department shall be in inverse order of seniority, except that the department head may retain employees irrespective of seniority, who possess skills, knowledge, or abilities which are not possessed by other employees in the same class, or respective craft if applicable. To the extent permitted by law, the University may also consider workforce diversity when making layoff decisions and implementing layoff actions.
For the purposes of this Article, Seniority shall be defined as the most recent date of appointment to a bargaining unit position without a break in service. When employees have the same most recent date of appointment to a bargaining unit position without a break in service, the employees shall be laid off in alphabetical order of their last name.
- For a temporary layoff, the University shall give, if feasible, thirty (30) calendar days’ notice of the expected beginning and ending dates of the layoff.
- An employee and the Union will receive at least forty-five (45) calendar days’ advance written notice prior to indefinite layoff of reduction in time. If less than forty-five (45) calendar days’ notice is granted, the employee shall receive pay in lieu of notice for each additional day the employee would have been on pay status had the employee been given forty-five (45) calendar days’ notice.
- The parties shall meet, upon request of the Union after receiving notice of layoff of bargaining unit employees, to discuss Union recommendations regarding cost savings and other potential alternatives to layoffs. These meetings shall take place within ten (10) days of the request by the Union, provided that the Union is available to meet within this time period.
E. Reemployment from the Indefinite Layoff
- Right to Recall
A non-probationary career employee who is indefinitely laid off or reduced in time shall be recalled in order of seniority into any active and vacant career position for which the employee is qualified when the position is in the same class and department and at the same or lesser percentage of time as the position held by the employee at the time of layoff. Right to recall is not extended to an employee who has not completed his/her probationary period.
2. Preference for Reemployment or Transfer
A non-probationary career employee who is separated or whose time is reduced because of indefinite layoff or who has received written notice of indefinite layoff or reduction in time within those two (2) calendar months prior to the layoff date shall be granted preference within the UCI Skilled Crafts Unit for reemployment or transfer to any active or vacant career position in the unit for which the employee is qualified when the position is:
a. at the same salary level or lower
b. at the same or lesser percentage of time as the position held by the employee at the time of layoff.
Preference for reemployment or transfer is not extended to an employee who has not completed his/her probationary period.
3. Department heads may reject an employee on preferential rehire status who is a candidate for a vacant position only if the employee lacks the qualifications required of the position.
4. Continuation of Right to Recall and Preference for Reemployment.
A regular status employee with less than five (5) years of seniority shall have right to recall and preference for reemployment for one (1) year from date of layoff.
An employee with at least five (5) but less than ten (10) years of seniority shall have right to recall and preference for reemployment for two (2) years from date of layoff.
An employee with ten (10) years or more of seniority shall have right to recall and preference for reemployment for three (3) years from date of layoff.
Right to recall and preference for reemployment continue during, but are not extended by, temporary periods of employment in limited positions.
F. Termination of Right to Recall and Preference
Right to recall and preference for reemployment terminate if an employee:
- Refuses an offer to return, at the same or greater percentage of time, to the department and class from which laid off; or
- Accepts a career position at the same or higher salary level and the same or greater percentage of time as the position held by the employee at the time of layoff; or
- Refuses two (2) offers of employment for a career position at the same or higher salary level and the same percentage of time as the position held by the employee at the time of layoff.
- In addition, preference for reemployment terminates if an employee accepts any career position.
- Right to recall and preference for reemployment are suspended when an employee does not respond to written notice of an employment opportunity. However, upon written request of the employee and approval of the Labor and Employee Relations Director or designee, both recall and preference may be reinstated.
G. Service Upon Reemployment
Reemployment within the period of right to recall and preference for reemployment or from temporary layoff provided continuity of service. Benefits and seniority accrue only when on pay status.
H. Other Provisions
- Effect on Benefits: An employee on indefinite or temporary layoff may continue, if previously enrolled, in certain group insurance programs for the length of time provided by the University’s Group Insurance Regulations, subject to the employee’s payment of full premiums.
- The University’s contribution to the cost of a University-sponsored health plan will be provided for an employee on temporary layoff or reduction in time for a maximum of three (3) months in a calendar year where the employee’s earning are insufficient to otherwise generate the University’s contribution.
- Retirement system regulations determine the effect on retirement benefits while an employee is on indefinite or temporary layoff.
- Severance Pay : Employees who elect severance pay in lieu of preference/recall shall be paid a lump sum amount of one week of salary (based on a forty (40) hour week) for each full year of service from the most recent break in service, up to a maximum of sixteen (16) weeks of base pay.