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When
the President determines that a layoff is necessary on a campus
because of a lack of work or lack of funds, the following procedures shall apply. |
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When the CSU determines
that there may be a need for implementation of any procedures
outlined in this Article, the CSU agrees to immediately notify
the Union, and upon written request, meet and confer with the
APC on the bargaining unit impact. |
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Involuntary reduced
worktime shall refer to an involuntary reduction in the time
base of full-time employees in one (1) or more classifications
within the bargaining unit, and shall be subject to provision
33.2 of this Article. |
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Prior
to implementing layoff procedures, voluntary programs to avoid
layoff including, but not limited to, reduced worktime, unpaid
leaves of absence, and use of the 10/12 and/or 11/12 pay plans,
shall be made available. |
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Student
assistants performing work that is the same as, or comparable
to, the work performed by a probationary or permanent employee
in a classification within an organizational unit undergoing
layoff shall be separated prior to laying off any probationary
or permanent employee in the classification within the organizational
unit undergoing layoff. |
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33.6 |
Layoff
shall be within classifications determined by the President.
Ten (10) month, eleven (11) month, twelve (12) month and academic
year positions with the same class title shall, for the purposes
of layoff, be considered a single class. The order of layoff
shall be:
| A. |
first, temporary employees; |
| B. |
second, probationary employees; |
| C. |
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 a layoff. |
| Temporary and Probationary Employees |
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33.7 |
The President shall establish the order of layoff for temporary
and probationary employees in a classification by considering
only the following factors:
| A. |
specialized skills and competency of the employee in relation to program need; and |
| B. |
documentable meritorious service of the employee. |
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| Permanent Employees |
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The order of layoff for permanent employees in a classification
shall be in reverse order of seniority. |
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A permanent
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 for
Permanent Employees
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All
seniority points calculated for and earned by permanent employees
prior to June 30, 1983 shall remain unchanged. Such seniority
points shall serve as the base to which additional seniority
points, earned pursuant to the terms of this Agreement, shall
be added. The computation of seniority points pursuant to the
following provisions shall replace the existing method of computation
for points earned subsequent to June 30, 1983. Recalculated
seniority points will become available as of August 1, 1994.
Thereafter, seniority points shall be calculated and provided
to the Union by the Office of the Chancellor upon written request
by the Union, but no more often than two (2) times per year. |
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Full-time
permanent ten (10) month employees, eleven (11) month employees,
twelve (12) month employees, and academic year employees shall
earn one (1) seniority point of service credit in a given class
for each qualifying month of employment. Part-time employees
holding permanent status shall earn seniority points proportional
to the time base served. In no case shall a permanent employee
earn more than twelve (12) seniority points per year. |
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For
the purpose of computing permanent employee seniority credit,
length of service includes continuous time served on the campus
as a temporary, probationary or permanent employee and is counted
from the date of appointment to the current class held, consistent
with provision 33.13 below plus any service in classes of equal
or higher rank on the campus which has not been interrupted
by a permanent separation.
The term "class of equal rank" as used in this
Article shall mean a class of not more than one-half (1/2)
step (approximately two and one-half (2-1/2) percent) above
or below the maximum salary of the employee's current class.
The term "class of higher rank" as used in this
Article shall mean a class which has a maximum salary of more
than one-half (1/2) step (approximately two and one-half (2-1/2)
percent) above the maximum salary of the employee's current
class. |
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Seniority
credit is counted from the first calendar month of appointment
to the current classification held, or upon the return from
leave without pay status (when such leave does not count for
seniority credit pursuant to provision 33.15), if the appointment
or return 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
held, or upon the return from leave without pay status (when
such leave does not count for seniority credit pursuant to provision
33.15), if the appointment or return date in the first calendar
month is after the fifteenth (15th) calendar day in that month. |
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Seniority
credit upon separation from a classification, or upon the commencement
of leave without pay status (when such leave does not count
for seniority credit pursuant to provision 33.15), shall terminate
effective the end of the calendar month preceding the date of
separation or leave if the date of separation is on or before
the fifteenth (15th) calendar day of the month of separation.
Seniority credit upon separation from a classification, or upon
the commencement of leave without pay status (when such leave
does not count for seniority credit pursuant to provision 33.15),
shall extend until the end of the calendar month of separation
or leave if the date of separation is after the fifteenth (15th)
calendar day of the month of separation. |
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All
time spent in family care, military, disability, loan of an
employee to another governmental agency or leave with pay status
shall count toward the accumulation of seniority points. All
other time spent in leave without pay status, as well as periods
of suspension without pay, shall not count toward the accumulation
of seniority points; however, such time shall not constitute
a break in continuous service. |
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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. |
Tie-Breaking in the Order of Layoff
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A tie
exists when two (2) or more permanent employees in a classification
undergoing layoff have the same number of seniority points. |
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The
President shall break ties in establishing the layoff order
of permanent employees by considering documentable specialized skills and the competencies of the employee. |
Employee Notice of Layoff
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Except
as provided in Article 13, Appointment, 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. |
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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. |
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All notices
of layoff shall be in writing and mailed by certified mail,
return receipt requested, to the employee's last known mailing
address. |
Employee Options in Lieu of Layoff
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A permanent
employee who has received a notice of layoff may exercise his/her
right to elect transfer to any vacancy on the campus in the
bargaining unit for which he/she is currently qualified. Such
qualifications 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 employee
to be transferred shall be selected on the basis of any of the
following factors:
A. specialized skills and competencies of the employee;
and
B. documented meritorious service of the employee. |
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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 the class has not been
abolished, there has been no break in service, and the employee
is currently qualified for the position. If the class has been
abolished and the University determines a comparable class has
been established, the employee may, in accordance with the foregoing,
transfer to the new class. An employee who elects transfer or
demotion pursuant to this provision shall have his/her seniority
points recomputed, pursuant to provisions of this Article, on
the basis of the class to which he/she is moving. |
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In order
to elect the options in provisions 33.22 - 33.23 above, an employee
must notify the campus Human Resources Office in writing not later
than seven (7) days after receiving the notice of layoff. |
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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 33.22 and 33.23 above of this Article. |
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The name of a laid off permanent employee shall be entered
on a reemployment list by class in order of seniority. A name
may remain on a reemployment list for five (5) years. It is
the obligation of the laid off person to notify the campus
of address change. |
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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 any 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. |
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An employee
reemployed under the conditions of this Article shall retain
permanent status rights, service credit (subject to California Public Employees'
Retirement System (CalPERS) regulations), salary rate, sick leave,
and seniority credits he/she held at the date of layoff. |
| 33.29 |
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
a 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, and if qualified for the vacant position, he/she
shall be granted an interview. Such qualifications shall be
determined in the normal manner. |
