KM Unit – ART. 28: Layoff and Reduction in Time

ARTICLE 28 – LAYOFF AND REDUCTION IN TIME 

A. Should the University determine that layoffs are necessary due to  lack of work or lack of funds, the following shall apply.

B. Definitions

  1. Temporary layoff and temporary reduction in time affecting a  career position is for a specified period of less than four (4)  calendar months from the date of layoff.

  2. Indefinite layoff and indefinite reduction in time affecting a career  position is one which no date for return to work, or no date of  restoration to the employee’s former appointment rates is  provided.

  3. Whenever the term layoff is used in this Agreement it shall be  construed to encompass both indefinite layoff and indefinite  reduction in time as defined above.

  4. A break in service is any separation from employment status. In  addition, a break in service occurs, effective the last day on pay  status, whether or not a separation form is submitted, when an  employee is off pay status for four (4) complete, consecutive  calendar months without an approved leave without pay,  furlough, or temporary layoff.

A return to pay status from furlough, temporary layoff, or  indefinite layoff during a period of right to recall and preference  for reemployment, or on the next working day following a  separation is not a break in service.

  1. Seniority is calculated by the number of full-time equivalent  months (or hours) of University service, excluding employment  prior to a break in service. When employees have the same  number of full-time equivalent months (or hours), the employee  with the most recent date of appointment is considered the least  senior.

C. Minimization of Indefinite Layoff 

  1. The University shall attempt to minimize indefinite layoffs as  defined in Section B2 above, from career positions by first  reviewing the necessity for existing limited positions within the  department. When a vacancy exists within the layoff unit in an  active career position in other classes in the department which  are at the same salary level (as determined by the salary range  maximum) as the employee’s current position, the department  head shall reassign an employee scheduled for indefinite layoff  to that position, provided that the department head determines  that the employee is qualified to perform the duties of that  position.

  2. Notwithstanding C1 above, the parties shall meet and discuss  alternative solutions to layoffs within the first fifteen (15) days  from the date of the notice of indefinite layoff. However, if  agreement is not reached, the University may implement its  decision.

D. Temporary Layoff and Temporary Reduction in Time 

  1. An employee shall be given written notice of the effective date  and the ending date of a temporary layoff or reduction in time.  Whenever possible, the notice shall be given at least thirty (30)  calendar days prior to the effective date. Concurrent notice shall  be sent to the Union.

  2. If an indefinite layoff or indefinite reduction in time should  become necessary while an employee is on temporary layoff or  reduction in time, the procedures for indefinite layoff or  indefinite reduction in time, as set forth in Section E below, shall  be applied.

E. Indefinite Layoff and Indefinite Reduction in Time 

  1. Indefinite layoffs and reductions in time are by class (title code)  or by craft within a department. For purposes of this Article, a  craft is defined as a job family includes employees at the I, II,  and Lead Levels as outlined in Appendix J. The order of  indefinite layoff and reduction in time of employees in the same  class or craft within a department shall be in inverse order of  seniority.

  2. Seniority shall be calculated by the number of career full-time  equivalent months (or hours) of UC MERCED service.  Employment prior to a break in service shall not be counted.  When employees have the same number of full-time equivalent  months (or hours), the employee with the most recent date of  appointment shall be deemed the least senior.

  3. Whenever feasible, an employee will receive at least thirty (30)  calendar days’ written notice prior to indefinite layoff or  reduction in time. If less than thirty (30) calendar days’ notice is  provided, the employee shall receive straight time pay in lieu of  notice for each additional day the employee would have been on  pay status had the employee been given thirty (30) calendar  days’ notice. Prior to a layoff, the affected employee shall be  notified of benefit continuation and unemployment insurance  processes and, in addition, a non-probationary career employee  shall be informed of the procedures for recall and preferential  rehire. Concurrent notice shall be sent to the Union.

 

F. Reemployment from Indefinite Layoff 

  1. Right of Recall to Department of Layoff. A non-probationary  career employee who is separated or whose time base is reduced  because of an indefinite layoff shall be recalled in order of  seniority into any active and vacant career position for which the  employee is qualified. Such position must be in the same class  or craft, department and at the same or lesser percentage of time  as the position held at the time of layoff.

  2. Preference for Reemployment or Transfer. A non-probationary  career employee who has been separated or whose time has been  reduced due to indefinite layoff or who has received written  notice of indefinite layoff or reduction in time within the two (2)  calendar months prior to the effective date of layoff shall be  granted preference within the Unit for reemployment or transfer  to any active or vacant career position for which the employee  is qualified provided the position is:

  3. At the same salary level or lower (as determined by the  salary range maximum), and,

  4. At the same or lesser percentage of time as the position  held at the time of layoff.

  5. Reemployment at another University Location. The Employment  Manager shall assist a non-probationary career employee on  indefinite layoff who wishes to seek employment at another  campus or laboratory.

G. Duration of Recall and Preference Rights 

  1. A non-probationary career employee with less than five (5) years  of seniority shall have recall and preference rights for  reemployment for a period of one (1) year from date of layoff.
  2. A non-probationary career employee with at least five (5) but  less than ten (10) years of seniority shall have recall and  preference rights for reemployment for a period of two (2) years from date of layoff.
  3. A non-probationary career employee with ten (10) or more years  of seniority shall have recall and preference rights for  reemployment for a period of three (3) years from the date of  layoff.
  4. Employees shall respond affirmatively to periodic inquiries as to  their desire to return or availability. In the event that an  employee is no longer available or desires not to return, the right  to recall and preference for reemployment shall expire one year  after the effective date of layoff.
  5. Rights to recall and preference for reemployment continue  during, but are not extended by, temporary periods of  employment in casual University positions.

H. Termination of Right to Recall and Preference 

Right to recall and preference for reemployment terminate if an  employee:

  1. Refuses an offer to return to a position, at the same or greater  percentage of time, to the department and class or craft from  which laid off; or,

  2. Accepts a career position at the same or higher salary level and  the same or greater percentage of time as the position held at the  time of layoff; or, c.

  3. 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 at the time of layoff; or,

  4. Is no longer available for the reasons specified in Section G.4  above; or,

  5. Fails to respond to written notice of an employment opportunity.

I. Acceptance of Employment 

Preference for reemployment terminates if an employee accepts any  career position at UC MERCED.

J. Service Upon Reemployment 

Reemployment within the period of right to recall and preference for  reemployment or from temporary layoff provides continuity of  service. Benefits and seniority accrue only when on pay status.

K. General Effect on Benefits 

  1. Subject to the employee’s payment of full premiums, 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.

  2. 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 earnings are  insufficient to otherwise generate the University’s contribution.

  3. Retirement system regulations determine the effect on  retirement benefits while an employee is on indefinite or  temporary layoff.

L. Merced 2020 

KM-unit employees, active and on pay status, or on approved leave  as of the date of ratification of the 2020 Successor agreement, will  not have their hours reduced nor be laid off as a result of the  implementation of the “Merced 2020” project. This also includes the  position of Stationary Engineer that is actively being recruited for at  the time ratification of this agreement. For reference, the date of  ratification of this agreement is July 1, 2020.

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