A.
GENERAL
PROVISIONS
1.
A layoff 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, budgetary considerations or programmatic change that results in a
lack of work. 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) on a particular campus within which the staffing level(s) are to be
reduced.
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.
2.
The University shall
not apply the provisions of this Article in an arbitrary, capricious or
unreasonable manner.
3.
Consistent with this MOU,
all layoffs, and reemployment from layoff status, must be made in accordance
with the provisions of this Article.
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.
B.
Selection and Order of Layoff
1.
All
provisions of Section B., C., and D. pertain to actions taken within the unit
of layoff.
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.
3.
When
there is no substantial difference in the degree of special skills, 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.
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.
5.
If the
University reduces a NSFıs percentage appointment, the University shall inform
the NSF in writing of its anticipated instructional need for the courses being
taught by the NSF. The information
provided by the University shall include the basis for its determination that
the NSFıs percentage appointment required a reduction.
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.
2.
Notice/Pay in Lieu
of Notice
a.
Notice
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:
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.
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.
3)
When the University
notifies the NSF of the Universityıs 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. Upon request, the University will
provide additional relevant information to the UC‑AFT regarding the
layoff as soon as practicable.
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.
b.
Pay in Lieu of
Notice
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.
3)
Where advance written
notice of reduction in time is not given, thirty (30) calendar days pay in lieu
of notice will be provided.
c.
Re-employment
Pre-six year NSF who have
been subject to layoff shall have one year re-employment rights. Reemployment shall be conducted in
accordance with the provisions of Section F. of this Article.
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 Appointeeıs qualifications
are substantially equal to those of the less senior NSF, the University shall
lay off the less senior NSF.
2.
Notice and Pay in
Lieu of Notice
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
a.
The
Pre-six year NSF has not been laid off for more than one year; or
b.
The
Continuing Appointee has not been laid off for more than three years.
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.
3.
Termination of the Right
to Reemployment
a.
The right to
reemployment terminates if an NSF:
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 two offers 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.
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.
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.
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.
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.
Allegations of procedural violations of this Article shall be subject to the Grievance and Arbitration provisions of this MOU.