ARTICLE 17
LAYOFF, REDUCTION IN TIME, AND REEMPLOYMENT
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A. GENERAL PROVISIONS
1. |
A layoff [1]
is an involuntary separation from employment for an academic year,
or a reduction in the percentage of appointment during an academic
year, which occurs because of lack of work [2],
budgetary considerations [3]
or programmatic change that results in a lack of work. [4]
Consistent with this MOU, the University has the sole discretion
to determine when a layoff or reduction in time is necessary,
and to determine the function(s) and the title code(s) [5]
on a particular campus within which the staffing level(s) are
to be reduced.
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a. Continuing Appointees - A layoff can occur
at any time during a Continuing Appointment.
b. Pre-Six year Appointees - A layoff can occur prior to
the expiration date of the appointment.
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2. |
The University shall not apply the provisions of this Article
in an arbitrary, capricious or unreasonable manner. [6]
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3. |
Consistent with this MOU, all layoffs, and reemployment
from layoff status, must be made in accordance with the provisions
of this Article.
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4. |
Seniority is based on the full time equivalent number of months
of service in the bargaining unit, in the department, on pay status.
For purposes of this Article, full time equivalent months of service
will be calculated on the basis of an appointment at 50% or more.
[7]
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B. SELECTION
AND ORDER OF LAYOFF
1. |
All provisions of Section B., C., and D. pertain
to actions taken within the unit of layoff.
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2. |
The layoff unit shall be the department, program or equivalent
unit. The provisions of this section do not nullify or modify
the applicable University and campus policies or procedures that
exist or may be developed pertaining to disestablishment. [8]
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3. |
When there is no substantial difference in the
degree of special skills [9],
knowledge or ability essential to the department, program, or
unit as determined by the University, the order of layoff or reduction
in time shall be in inverse order of seniority. [10,
11]
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4. |
When a Pre-Six year NSF and a Continuing Appointee are teaching
the same course in the same department, program or unit, if Alternatives
to Layoff (as provided in Section C.1. below) cannot be implemented,
the University shall lay off the pre-six year NSF before laying
off a Continuing Appointee.
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5. |
If the University reduces a NSF’s percentage appointment,
the University shall inform the NSF in writing of its anticipated
instructional need for the courses being taught by the NSF. [12]
The information provided by the University shall include the basis
for its determination that the NSF’s percentage appointment
required a reduction.
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C. PRE-SIX YEAR
APPOINTEES – RESPONSIBILITY FOR LAYOFF AND REDUCTION IN TIME
1. |
Alternatives to Layoff
When the University has determined that NSF staffing cuts are
necessary, in accordance with this Article, above, it will consider
attrition, retirement, the non-reappointment of pre-six year NSF,
and voluntary reductions in NSF staffing within the department,
program or unit in order to avoid a layoff.
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2. |
Notice/Pay in Lieu of Notice
a. |
Notice [13]
1) |
NSF with pre-six year appointments
shall be given written notice of the effective date
of any layoff. Whenever practicable, notice will be
given as follows subject to the provisions below:
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a) Such NSF on quarter or semester
appointments or initial one year appointments
will be given at least thirty (30) calendar
days advance written notice.
b) Such NSF with an appointment of at least
one year with four (4) through nine (9) quarters
or equivalent of University service at the campus
will be given at least sixty (60) calendar days
advance written notice.
c) Such NSF with an appointment of at least
one year with ten (10) or more quarters
or equivalent University service at that
campus will be given at least ninety (90)
calendar days advance written notice.
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2) |
When a single course is cancelled due to lack of
enrollment, advance notice of layoff or reduction
in time shall be provided as soon as practicable,
but no later than thirty (30) calendar days prior
to the date of the first scheduled class meeting.
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3) |
When the University notifies the NSF of the University’s
layoff intent, the University will mail notice to
the UC AFT of the effective date of any layoff and
the identity of the affected NSF as soon as practicable.
[14]
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4) |
Nothing in this Article shall preclude the department
chair or unit head from consulting with the affected
NSF. If the department chair or unit head chooses
not to consult, the University shall upon request,
meet within a reasonable period of time with the UC
AFT to discuss the effects of a layoff.
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b.
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Pay in Lieu of Notice
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1) The period of notice will not extend
past the expiration date of an appointment. Pay in
lieu of notice will not be greater than the amount
of pay the NSF would have received through the last
day of appointment.
2) Where advance written notice of layoff is not
given, such as in emergency situations, pay in lieu
of notice will be provided subject to the above provisions.
[15]
3) Where advance written notice of reduction in time
is not given, thirty (30) calendar days pay in
lieu of notice will be provided.
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c. |
Re-employment
Reemployment shall be conducted in accordance with the
provisions of Section F.
of this Article.
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D. CONTINUING APPOINTEES
– RESPONSIBILITY FOR LAYOFF AND REDUCTION IN TIME
The provisions of this section apply only to NSF who have been appointed
as Continuing Appointees. In addition to the reasons for a layoff set
forth in Section A., the parties acknowledge that the University may
layoff a Continuing Appointee as a result of assigning the course(s)
taught by the Continuing Appointee to Senate Faculty or to a graduate
academic student employee. Nevertheless, the University may not layoff
or reduce the appointment of a Continuing Appointee in order to assign
the course(s) taught by the Continuing Appointee to a graduate academic
student employee who is studying in a different department and unrelated
discipline, unless such assignment is in accordance with the department’s
or division’s academic plan for the pedagogical training of its
graduate students. [16,
17]
1. |
Alternatives to Layoff
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a. When the University has determined that
NSF staffing cuts are necessary, in accordance with this
article it will consider attrition, retirement, the non-reappointment
or layoff of pre-six year NSF, and voluntary reductions
in NSF staffing within the department that may make layoffs
unnecessary.
b. When a Continuing Appointee has received a layoff notice,
and the Continuing Appointee or the AFT on behalf of
the Continuing Appointee alleges that s/he is equally
qualified to perform the work being done by one or more
less senior NSF(s) in the same layoff unit, the University
shall evaluate the qualifications of the less senior
NSF(s) named by the Continuing Appointee. If the University
determines that the more senior Continuing Appointee’s
qualifications are substantially equal to those of the
less senior NSF, the University shall lay off the less
senior NSF. [18]
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2. |
Notice and Pay in Lieu of Notice [19]
a. |
NSF with Continuing Appointments shall be
given written notice of the effective date of any layoff
including a reduction in time as soon as practicable after
the decision is made. When notice is not provided in accordance
with this section, the University will provide pay in lieu
of notice. Pay in lieu of notice will not extend past the
notice period provided.
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1) Continuing Appointees will be given
at least twelve (12) months written notice of full
separation from employment resulting from layoff.
2) When a single course is cancelled due to lack
of enrollment, or a Continuing Appointee’s initial
appointment percentage is reduced by a single course
for any reason in accordance with Article 7c., Section
B.2.b., written notice of layoff or reduction in time
shall be provided as soon as practicable, but no later
than thirty (30) calendar days prior to the date of
the first scheduled class meeting. [20]
3) Continuing Appointees will be given at least sixty
(60) calendar days written notice of reduction
in time when the reduction in time exceeds one
(1) course.
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b. |
When the University notifies the NSF of the University’s
layoff intent, the University will mail notice to the UC
AFT of the effective date of any layoff and the identity
of the affected NSF. [21]
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c. |
Nothing in this Article shall preclude the department
chair or unit head from consulting with the affected
NSF. If the department chair or unit head chooses not
to consult, the University shall, upon request, meet
within a reasonable period of time with the UC AFT to
discuss the effects of a layoff.
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E. SUMMER SESSION
NSF on summer session appointments will be given at least seven (7)
calendar days advance written notice of layoff, or pay in lieu of notice.
[22]
Pursuant to the provisions of Article 23, Summer
Session, no other provisions of the Layoff Article apply to NSF
appointed to Summer Session.
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F. REEMPLOYMENT
1. |
Whenever the University decides to fill a vacancy
at the campus in the same department, program or unit and title
code from which an NSF has been laid off, the University shall
reemploy or increase the time of a laid off NSF provided the University
determines that the NSF on layoff status is qualified for the
position and is available to begin work within a reasonable amount
of time, and
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a. The Pre-six year NSF has not been laid
off for more than a period equivalent to the duration of
the NSF’s appointment prior to the layoff; or
b. The Continuing Appointee has not been laid off for more
than two years.
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2. |
If more than one qualified person is on layoff status from
the same department, program or unit, the order of reemployment
shall be on the basis of special skills, knowledge or ability
essential to the department or unit. When there is no substantial
difference in the degree of special skills, knowledge and ability
essential to the department or unit as determined by the University,
the order of reemployment shall be in inverse order of layoff.
[23]
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3. |
In the event the University decides to offer temporary reemployment
opportunities of no more than one quarter or semester in the same
department, program or unit and title code from which an NSF has
been either laid off or has had his/her percentage of appointment
reduced, the temporary reemployment does not constitute a recall
for reemployment purposes. Further, an NSF’s acceptance
of temporary reemployment of no more than one quarter or semester
will not nullify said NSF’s layoff status. Should instructional
need exist beyond this temporary period, the NSF’s reemployment
status previous to the layoff will be reinstated. [24,
25]
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4. |
Termination of the Right to Reemployment
a. |
The right to reemployment terminates if
an NSF:
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1) does not respond affirmatively within
fourteen (14) calendar days to University inquiries
concerning the desire of the NSF to return to work,
provided that such response is feasible. The fourteen
(14) calendar day response period shall begin immediately
upon personal notice or seven (7) calendar days from
the date written notice is postmarked. If the University
is attempting to fill a vacancy on an urgent basis
and if a laid off or reduced in time NSF cannot be
reached and/or does not respond within seven (7) calendar
days, the University may fill the position. In this
instance or when failure to respond was due to extraordinary
circumstances, a laid off or reduced in time NSF will
not have waived any future reemployment rights;
2) refuses a second offer of reemployment at the
same or higher percentage of time; or
3) accepts another appointment in the unit at the
same or higher percentage of time at the University.
[26]
4) For purposes of Article
7a NSF Appointment, and 7b
Process for Continuing Appointment, and this
Article only, layoff periods of less than one
quarter or semester count towards University service
and seniority.
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b. |
In the event the NSF is unable to resume employment
because of other employment commitments made in response
to the layoff, the right to re-employment does not terminate,
and the NSF shall remain eligible for reappointment
to the next available position for which s/he is qualified.
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G. PLACEMENT ASSISTANCE
To the extent available at each department or campus, the University
will, upon request, provide assistance in seeking placement to any NSF
who has been laid off.
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H. BENEFIT COVERAGE
An NSF on 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 payment of full premiums
by the NSF. Time on layoff of more than one half of the working days
of a month does not count towards University service for benefit purposes.
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I. GRIEVANCE AND
ARBITRATION [27]
1. |
A grievance alleging a violation of this article
must be filed within thirty (30) calendar days of the date on
which the NSF received the written notice of layoff or within
thirty (30) days of the date on which the NSF knew or should have
known of the alleged violation if evidence of same is not apparent
when the written notice of layoff is received.
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2. |
In any arbitration involving layoff, the arbitrator shall
not have the authority to substitute her/his judgment for that
of the University regarding the necessity for the layoff, or the
functions/programs or titles affected by the layoff. Consistent
with the provisions of this MOU, the Arbitrator shall defer to
the University’s judgment regarding an NSF’s academic
qualifications unless the AFT demonstrates that there was no reasonable
basis for the University’s decision. [28]
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3. |
If the arbitrator determines that the University
failed to consider the qualifications of a Continuing Appointee
relative to a less senior NSF identified by the Continuing Appointee
or the AFT (pursuant to Section D.1.b), the arbitrator’s
remedial authority shall be limited to ordering such consideration.
Upon the request of either party, the arbitrator may retain jurisdiction
to ensure that the procedural flaws have been addressed.
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4. |
When the AFT has alleged that the University’s stated
reason(s) for a decision to lay off is pretextual or factually
incorrect, the arbitrator will consider all the evidence submitted
by the parties and may reverse a University decision when s/he
determines that the decision is contrary to the weight of all
the evidence.
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5. |
Allegations of procedural violations of this Article shall
be subject to the Grievance and Arbitration provisions of this
MOU.
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