ARTICLE 22 - LAYOFF AND RECALL
22.1
Application of Article
22.11 Layoff
occurs when Management decides to eliminate the position or reduce the hours of one
or more of the following types of bargaining unit employees for reasons
unrelated to discipline: Permanent employees in positions funded by the General
Fund; permanent employees in positions in central service departments that
operate under their own fund (e.g., food services, print center, etc.); and
employees in positions funded by contracts or grants (i.e., 4-fund) who have 3
years or more of bargaining unit seniority.
22.12
The elimination of temporary positions is
governed by Article 12.5.
22.13
The elimination of a position funded by
contracts and/or grants which is held by an employee with less than 3 years of
seniority will be governed by Article 12.6.
22.14
Employees on initial probation whose
positions have been eliminated due to a restructuring/reduction will be
separated from employment with the College with 15 calendar days’ notice.
22.2
Layoff Decision
22.21 The
layoff process is initiated when Management reaches a tentative decision to
reduce staff or restructure the workforce. Such a tentative decision may impact only one department, or it may be
district-wide. Employees identified for layoff must be in accordance with
Article 22.31.
Once such a
tentative decision is reached, a discussion will begin between
representative(s) of the Human Resources Department, other appropriate
Management staff and Federation representatives (potentially including the
affected employees) to explore alternatives to layoff. These discussions will begin at least 90
calendar days before the potential layoff date. The reasons
why any rejected alternatives will not be implemented will be provided to the
Federation in writing.
22.22
Those employees that would be subject to this
layoff will be given written notice of the layoff at least 90 calendar days
prior to the effective date of the layoff. The Federation will also receive a
copy of this notice.
22.3
Employees Identified For Layoff
22.31
For restructuring or reductions, the least
senior employee(s) (regardless of FTE) within the department, grant or
contract, in the job classification of the position(s) to be eliminated will be
the employee(s) who receive(s) the layoff notice(s) pursuant to Article 22.2,
provided the least senior employee(s) do(es) not have an unique qualification
required for any remaining position. Unique qualifications will be those as
indicated on the official College job announcements.
22.32
An employee who has not been identified for
layoff may voluntarily request to be substituted for another employee who has
been identified for layoff, subject to management approval. An employee
approved for voluntary layoff shall waive all layoff placement and recall
rights.
22.4
Placement of Employees Identified for Layoff
22.41
Within 30 calendar days of written notice of the
layoff, the employee will provide the following information to the Human Resources Department to identify placement options that he/she would be willing to accept:
22.411
The range of FTE levels; and
22.412
Any classification(s)
other than his/her own job classification, at the same or lower grade level, and documentation describing how his/her
experience and qualifications meet the requirements of any such classification(s).
The employee’s
right to, and obligation to accept, a placement offer is limited to positions
in the employee’s own job classification, or to classifications which he/she
has specified in 22.412, at the FTE levels which he/she has specified in
22.411. If no such positions are available, the employee will be placed on the
recall list.
22.42 Placement
of employees will begin within 60 calendar days prior to the effective date of
layoff, unless an alternate date is agreed to by Human Resources and the
Federation. Placement will be to positions within the district, for which the
employee is qualified, as described below.
22.421
The
employee will be placed in any open position in the following order:
22.4211 Any position in the employee's job classification.
22.4212 Any position at the same grade level as the employee.
22.4213 Any open position at a lower
grade level than the employee
22.422 If an open position is not available within 60 calendar days
prior to the effective date of the layoff, a General Fund employee will be
placed in any position in the following order:
22.4221 Any position in the employee's job classification held by an employee on initial probation.
22.4222 Any position at the same grade level as the employee held by an employee on initial probation.
22.4223 Any position at a lower grade level than the employee which is held by an employee on initial probation.
22.43
If more than one position exists, the employee
will be placed in the position which is identified first in the order of
placement options listed above.
22.44
If more than one position exists in any of the
above categories, Management will decide which position within that category
the employee will fill.
22.45 If
more than one employee is identified for layoff under Article 22.3, the
employee with the most seniority will be placed first
22.46 An
employee will have seven calendar days in which to accept or decline a
placement offer. An employee who declines a placement offer to a vacant
position waives any right he/she has to be placed in the position and waives
any right he/she has to bump an employee on initial probation.
22.47
If no position is available (or becomes
available before the employee's layoff date) to place an employee he/she will
be placed on the recall list. Full-time employees who are placed in vacant
positions at a lower FTE will also be placed on the recall list for purposes of
moving to a full-time position unless they request a lower FTE.
22.48 If an
employee accepts a placement offer, Management may delay transferring the
employee to the position to be filled until the date of the employee's layoff
or until a position becomes available.
22.49
If a job placement will result in a salary
decrease, in accordance with Article 22.7, the employee may decline the
placement and opt to be placed on recall status.
22.50
Employees identified for layoff may apply for an
advertised vacancy at a higher grade level in accordance with Article 11.
22.5
Performance in a New Position
22.51 Employees
placed in a new job as the result of a layoff, recall or relocation shall serve
a special assessment period of six months that can be successfully fulfilled in
less than six months. No assessment period is required if it is a job that the
employee has held within the past three years and successfully completed probation.
22.52 An
employee placed in a new job as a result of this Article who is not
successfully completing the assessment period shall receive a plan of
improvement not later than the mid- point of the assessment period. An employee
who is not meeting the goals of a plan of improvement may be removed from the
new job before serving six months in the new
job.
22.53 If
the employee does not successfully complete the assessment period, the employee
will receive a notice that he/she will no longer continue in his/her current assignment. That notice shall be given to the employee at
least two weeks before the date the employee's assignment will end. The
employee will then be treated as an employee identified for layoff for
placement under Article 22.4, but will not be eligible to fill the position
opened due to the termination of his/her current assignment.