AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 19 - LAYOFF
ARTICLE 19. LAYOFF
Initial Selection and Notice of Layoff. In the event of a layoff, the Employer shall determine the specific positions to be eliminated. The employee(s) selected for layoff shall be the least senior employee(s) in the same work unit and classification as the position(s) to be eliminated, unless there are justifiable special skills for the position the least senior employee occupies. Such special skills must be defined and documented in the position description prior to layoff. If such documentation has not occurred at least thirty (30) days prior to determining that a layoff is warranted, the manager of the work unit must affirmatively demonstrate that the special skill(s) currently constitute an essential function of the position.
An employee selected for layoff and the Union shall be given written notice of layoff stating the reason(s) for the layoff at least fifteen (15) days before the effective date. At least one (1) day prior to the employee’s receipt of written notice, the Employer will notify a Union staff representative of the layoff. The Union will not contact the employee until the Employer has provided notice of layoff to the employee, after which the Union staff representative will notify the appropriate Union steward of the employee’s layoff for purposes of follow-up with the employee. The employee will be allowed reasonable time to meet with a Union steward to discuss layoff options.
Temporary Employees and Contract Workers. A regular employee shall not be laid off if there are current temporary employees or contract workers performing the same essential functions within the same job classification within the affected work unit as the regular employee’s position unless the layoff of the temporary employee or release of the contract worker is prevented by an individual contract with such person. Temporary employees or contract workers with six (6) months or less remaining on their contract or project with skills not otherwise readily available with the then existing population of employees, may be retained through the end of the contract period or project completion, whichever comes first.
Evaluation Period Employees. In the event of a layoff, employees serving a probationary period pursuant to Section 20.1 will be terminated prior to the removal of any employee serving an Internal Job Change Evaluation Period. Following the termination of all probationary employees, employees serving an Internal Job Change Evaluation Period, beginning with the least senior employee in the same classification and the same work unit, will be removed or terminated consistent with Section 20.2 prior to the layoff of any other regular employee under Section 19.1.
Options of Employees Notified of Layoff. An employee who has received a notice of layoff must first choose one of the following options as more fully explained below: (1) placement in a new position, (2) placement on the preferential hire list, or (3) severance pay and termination of employment. Employees shall communicate their choice in writing to Human Resources within seven (7) days of receipt of the written layoff notice. An employee who fails to respond within seven (7) days of receipt of the hand delivered written layoff notice will be terminated without recall rights or extended medical benefits.
Placement in new position. An employee who chooses placement in a new position shall be subject to the following procedure:
Vacancy in work unit. The employee may choose to designate up to three (3) lateral classifications and (3) demotive classifications for placement purposes. The employee will be placed in a vacant position for which the employee is qualified, if one exists, in a designated lateral classification in the same work unit. If no such vacancy exists, then the employee will be placed in a vacant position for which the employee is qualified, if one exists, in a designated demotive classification in the same work unit.
Vacancy in executive organizational unit. If placement does not occur under Section 19.5.1, then the employee will be placed in a vacant position for which the employee is qualified, if one exists, in the same executive organizational unit (EOU). Position vacancies in which the employee will be placed under this paragraph are, in the following order, a vacancy in the same classification, a vacancy in any lateral classification designated under Section 19.5.1, and a vacancy in any demotive classification designated under Section 19.5.1. Employees who move into a position under this paragraph shall serve a six (6) month Internal Job Change Evaluation Period in accordance with the provisions of Section 20.2.
Displacement of least senior employee in same classification. If placement does not occur under Section 19.5.1 or 19.5.2, then the employee may choose either to be placed on the preferential hire list or to displace the least senior employee in the same classification as of the date the search for position vacancies under 19.5.2 is exhausted within the same EOU, regardless of the employee’s qualifications. If, however, the employee is as unqualified for the position that would be awarded under the displacement process herein as another position that is vacant, the employee will be placed in the vacant position. Employees who choose to displace under this paragraph shall serve a six (6) month Internal Job Change Evaluation Period in accordance with the provisions of Section 20.2, except that removal from a new position for which an employee was not qualified may not occur within the first ninety (90) days.
Displacement of least senior employee outside of same classification. In the event that the employee is not able to choose displacement under Section 19.5.3 because the employee’s classification has been eliminated in the EOU, the employee may elect to displace the least senior employee, as of the date the search for position vacancies under 19.5.2 is exhausted, in either of two (2) classifications in the EOU, lateral or demotive, as chosen by the employee and for which the employee is qualified. If the employee is not qualified for either position occupied by the least senior employee, the employee shall have no further right of displacement under this section. Employees who choose to displace under this paragraph shall serve a six (6) month Internal Job Change Evaluation Period in accordance with the provisions of Section 20.2.
Displaced employee. An employee who is displaced pursuant to Section 19.5.3 or 19.5.4 shall have access to the same process described in Sections 19.5.1 through 19.5.4.
Unavailability of displacement. If the option to displace under Section 19.5.3, 19.5.4 or 19.5.5 is unavailable, then the employee may elect either to be placed on the preferential hire list pursuant to Section 19.7 or to receive severance pay pursuant to Section 19.8.
Qualified. For purposes of this article, an employee shall be deemed qualified for a position if the employee is ready to perform the essential functions of the position without the assistance of any training other than customary orientation to the position. In order to be deemed qualified, the employee will be required to provide Human Resources with a current and updated online application and accompanying documentation to identify his or her skills, abilities and employment experiences.
Paid administrative leave. When an employee chooses placement in a new position under Section 19.5, s/he shall be on paid administrative leave or assigned work, at the Employer’s discretion, until the employee is either placed in a position or placed on the preferential hire list with insurance coverage.
Placement of full-time employees. In the event that a full-time employee is exercising a displacement right and the least senior position is occupied by a part-time employee, the full-time employee may elect either to displace the part-time employee and accept the part-time position or to displace the least senior full-time employee in the applicable classification.
Placement of part-time employees. In the event that a part-time employee is exercising a displacement right and the least senior position is occupied by a full-time employee, the part-time employee may elect either to displace the full-time employee and accept the full-time position or to displace the least senior part-time employee in the applicable classification. In no event will a laid off employee be required to displace a position occupied by a part-time employee whose status is less than .5 FTE. A part-time employee displacing a full time employee shall be prohibited from bidding into a part time job for a period of nine (9) months.
Geographic restrictions on placement. Employees will not be placed outside of the geographical areas (Portland metropolitan area, West Campus, Eugene, and other locations more than 40 miles from a recognized geographical area) in which they are currently employed. An employee may waive this geographical restriction when selecting the layoff option of placement in a vacant position or placement on the preferential hire list.
International recruits. If the Employer has internationally recruited an employee, that employee, if full-time, shall not be displaced by a part-time employee for two (2) years from date of hire.
Effect of refusing offer of employment. A position shall no longer be deemed “vacant” once a written offer of employment is made to an individual. Employees refusing an offer of employment consistent with this Article shall be deemed to have voluntarily resigned their employment with the Employer and their name shall immediately be removed from the preferential hire list. The following employees may decline a job offer without being deemed to have voluntarily resigned:
Full-time employees declining a part-time job.
Part-time employees declining a full-time job.
Employees declining a job outside of the geographical area from which they were laid off.
Employees declining temporary or relief employment opportunities. To qualify for such an opportunity, the employee must be qualified to perform the duties associated with such position and not have been recalled to or accepted an appropriate employment position with the Employer. The Employer may require the completion of an authorization/tracking form from all such interested employees.
Employees Placed on Preferential Hire List. For employees who choose placement on the preferential hire list pursuant to Section 19.4, the Employer will provide paid medical and dental insurance continuation under COBRA for up to ninety (90) days after the employee’s medical and dental insurance expires, or the employee is placed, whichever comes first. Such employees shall be eligible for hire in accordance with Section 5.20. Such employees shall also have access to currently available transitional resources and to any additional resources that may be determined by the Labor Management Committee.
Removal from list. Employees who have been laid off may remain on the preferential hire list for up to eighteen (18) months, and shall not lose credit for seniority or service while on layoff, provided they return from layoff when first recalled or become employed in another regular bargaining unit position during the 18-month period.
Severance Pay. An employee who chooses the option of severance pay and termination of employment will have no further right to placement or recall under this article. The terms of such severance are set forth in Appendix F.
Payment of Accrued Vacation and Compensatory Time. Any employee laid off shall be eligible to be paid for all accrued vacation time, up to the maximum amount allowable under Section 12.6.1, and for all accrued compensatory time, at the rate being earned at the time of layoff. The employee shall be given the option to be paid at the time of layoff or to defer payment. The employee may elect to defer payment until a time mutually agreed upon by the employee and the Employer or when the employee ceases to be on the preferential hire list, whichever comes first. If an employee is recalled to service prior to the agreed upon payment date or the expiration of layoff rights under Section 19.7, the employee shall not be paid but shall be credited with the previously accrued vacation and comp time.
Right to Return to Previous Position. Employees who move to another position after being notified of the elimination of their previous position shall have the right to return to their previous position if (1) the position either is not eliminated or is restored for any reason within the two (2) years immediately following layoff, and (2) there is no significant change in the duties and responsibilities of the position.
Shift Curtailment and Cancellation. A shift curtailment or cancellation may occur because of lack of work or unexpected or unusual reasons. A shift curtailment occurs when an employee does not work a portion of his or her scheduled shift. A shift cancellation occurs when an employee does not work any portion of the scheduled shift.
Order of curtailment/cancellation. Shift curtailment or cancellation shall take place in the affected work unit in the following order:
Employees receiving overtime or other premium pay (consistent with the Employer’s right to assign and cancel overtime or premium pay).
Employees who volunteer.
Employees working beyond their FTE requirement for the week.
Other regular employees by equitable rotation, in inverse order of seniority, beginning the rotation anew each fiscal year. It is the parties’ intent that equitable rotation will occur after an employee has experienced twelve (12) hours of cancellation or curtailment. If, however, the existing curtailed/cancelled shift exceeds the 12-hour threshold, the hours in excess of 12 will be counted toward the employee’s next 12-hour curtailment/cancellation.
Managers and employees in the same work unit are encouraged to utilize the consensus process to develop a different or supplemental order of curtailment or cancellation which best suits the needs and demands of their work unit.
Notice of shift cancellation or curtailment at beginning of shift. An employee shall be given notice of shift cancellation, or of shift curtailment at the beginning of the shift, a minimum of two (2) hours prior to the scheduled start time of the shift.
Annual cap. Mandatory hours curtailed or cancelled shall not exceed one hundred and twenty (120) hours per employee in any fiscal year. These hours shall be prorated for part-time employees based on their established FTE. Hours curtailed or canceled when receiving overtime or other premium pay or when working beyond the employee’s FTE requirement (per categories a and d of Section 19.11.1 above) shall not count toward an employee’s annual cap.
Compensation and benefit accruals. An employee may elect to use accrued vacation or compensatory time for curtailed and cancelled hours. Seniority and other accrued benefits will accrue on all curtailed and canceled hours regardless of whether the employee elects to use paid time off benefits.
Lack of work on holidays. If a work unit anticipates a lack of work on or around a holiday, it shall make a reasonable effort to notify employees at least twenty-eight (28) days prior to the holiday. When there is a general closing of a work unit for a day, on or around a holiday, the Employer will not be expected to grant the right to work to any employee in that work unit on that day. At the discretion of the immediate supervisor, an employee may make up the time, provided it is in the same workweek or extended work period and the work does not result in overtime or premium pay.
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