The University shall determine when temporary or indefinite layoffs or reductions in time are necessary. This determination is non-grievable and non-arbitrable.
- A layoff is an involuntary separation from employment or an involuntary transfer to a casual position of a career employee. For the purposes of this Article, layoff shall include involuntary reductions in regularly scheduled hours of work. Layoffs may be temporary or indefinite.
- A temporary layoff is a layoff in which the University specifies a date for return to work of not more than four months.
- An indefinite layoff is a layoff for which no date for return to work is specified, or no date of restoration to the former appointment rate is specified.
- For the purposes of this Article, seniority shall be calculated by full-time-equivalent months (or hours) of University service. Employment prior to a break in service shall not be counted. When employees have the same number of full-time-equivalent months (or hours), the employee with the most recent date of appointment is the "junior" employee.
- If, in the judgment of the University, budgetary or operational considerations make it necessary to curtail operations, reorganize, reduce the hours of the workforce and/or reduce the workforce, staffing levels will be reduced in accordance with this Article. The selection of classes for layoff shall be at the determination of the University.
- With regard to indefinite layoff only, the order of indefinite layoff of employees in the same class within a layoff unit shall be in inverse order of seniority, except that the University may retain, at its discretion, employees irrespective of seniority who possess special skills, knowledge, or abilities which are not possessed by other employees in the same class and which are necessary to perform the ongoing function of the department/division.
- The department head shall select employees for layoff, but shall minimize indefinite layoffs from career positions by first reviewing the necessity for existing casual and casual/restricted positions within the department.
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- When the University determines that a layoff is imminent within the unit, it shall give CUE such advance notice as is reasonable under the circumstances. The notice shall describe the general areas which may be affected.
- When the University selects particular members of the unit for layoff, it shall give individual notice to each employee of the effective date of the layoff and whether the layoff is temporary or indefinite. Advance notice will be provided as follows:
- For temporary layoff expected to last 120 calendar days or less, the University shall give, if feasible, 15 calendar days notice of the expected beginning and ending dates of the layoff.
- For indefinite layoff, the University shall give 60 calendar days notice, if feasible. The University may pay up to 30 days of the 60-day notice period in lieu of notice. In no event shall an employee receive less than 30 days' notice of indefinite layoff. For conversion from temporary layoff to indefinite layoff, the University shall give 30 calendar days' notice, if feasible.
- In the event of an anticipated indefinite layoff of five or more full-time equivalent (FTE) employees on the same effective date in the same layoff unit, the University will, to the extent possible, give 45 calendar days notice to CUE. When such notice is provided regarding the layoff of five or more FTE, the campus/hospital/Laboratory will, upon receipt of a timely written request from CUE, meet with CUE to discuss the layoff.
- The University shall notify CUE at the same time it notifies employees that they are to be laid off.
- When the University determines that there is to be a change in a layoff unit within the bargaining unit, it shall give CUE advance notice of at least 30 days, if feasible, and upon request shall meet and discuss such proposed changes. Changes to a layoff unit shall not occur more frequently than each 120 calendar days.
- A non-probationary career employee who is indefinitely laid off shall have preferential rehire status for an active vacant career position. An active career position is a position which the University, in its sole discretion, determines to fill. Such employees are rehired provided:
- the active, vacant career position is in the same bargaining unit and at the same campus/hospital/Laboratory the position from which the employee was laid off; and
- the active, vacant career position is in a class with the same or lower salary range maximum as the class from which the employee was laid off; and
- the active, vacant career position is at the same or lesser percentage of time as the position from which the employee was laid off.
- Employees who are eligible for preferential rehire status with less than five years of seniority at the time the layoff occurs shall retain preferential rehire status eligibility for one year. Employees who are eligible for preferential rehire status with five years, but less than 10 years seniority at the time the layoff occurs shall retain preferential rehire status eligibility for two years. Employees who are eligible for preferential rehire status with 10 years or more seniority shall retain preferential rehire status eligibility for three years.
- An employee may exercise his or her rights to preferential rehire immediately after the employee receives written notification of layoff and meets with the campus representative designated in the layoff notice.
- Employees preferentially rehired from layoff status who fail to perform satisfactorily may, at any time during the six months following such return, be returned to layoff status with restoration of full preferential rehire status. In addition, an employee, at his or her option, may request to be returned to layoff status within 60 calendar days of rehire. The time on job status will not be counted as part of preferential rehire eligibility time.
- Preferential Rehire Termination
The preferential consideration described above shall terminate at the end of the period of eligibility described in §E.2, above, or if an employee:
- refuses an offer to return, at the same or greater percentage of time, to that department/division and class from which laid off; or
- accepts any career position; or
- refuses two offers of employment for a career position at the same or higher salary level and the same percentage of time as the position held by the employee at the time of layoff; or
- fails to respond to a written notice of a career employment opportunity within 15 calendar days. The 15-calendar day response period shall begin immediately upon personal notice of the career employment opportunity or 10 calendar days from the date written notice is postmarked.
- If an employee voluntarily reduces his or her time for a reason listed in §C.l, above, within one year prior to a layoff, the employee is entitled to recall/rehire rights at a percentage of time equal to that from which the employee voluntarily reduced his or her time. The request for the voluntary reduction must be submitted by the employee in writing and approved by the supervisor and must state the effective date and the percentage of the reduction in time.
- A non-probationary career employee who is indefinitely laid off shall be recalled in order of seniority to an active, vacant career position, provided:
- The active, vacant career position is in the same class and department at the same or lesser percentage of time as the position from which the employee was laid off.
- The employee is qualified to perform the duties of the active, vacant career position.
- Employees who are eligible for recall shall retain recall eligibility for three years from the date of layoff.
- Employees recalled from layoff status to a new position who fail to perform satisfactorily may, at any time during the six months following such return, be returned to layoff status with restoration of full recall rights. The time on job status will not be counted as part of recall eligibility time.
- Recall Termination
The right to recall terminates at the end of the period of eligibility or if an employee:
- refuses a recall to work; or
- refuses two offers of reemployment in career positions at the same or greater percentage of time and at the same or higher salary level; or
- accepts a career position at the same or higher salary level within the University.
- A career employee who has received a notice of indefinite layoff may, at the sole non-grievable discretion of the University, be offered severance pay in lieu of preferential rehire and recall rights. Each campus department shall, in each instance of layoff where severance pay is offered, exercise the option of offering severance in lieu of preferential rehire and recall rights to all employees in the department affected by the layoff. Severance pay shall be in accordance with the following:
- Employees with less than five years of service receive two weeks or 10 workdays of severance.
- Employees with five or more years of service receive five weeks or 25 workday's severance, plus one-week severance for each additional full year of service up to a maximum of 15 weeks' severance.
- CUE will be notified if an employee has been offered severance rather than recall/preferential rehire. Should an employee be returned to work as a result of a grievance, arbitration, or settlement agreement related to the layoff, any severance pay received will be deducted from the back pay award. An employee cannot be returned to work without first repaying the severance or signing a severance repayment agreement.
- A temporary layoff does not create a break in service. Reemployment in a career position within the period of right to recall provides continuity of service and continuation of previously accrued seniority and, therefore, no break in service. However, seniority and benefits accrue only when an employee is on pay status.
- An employee who has been laid off and is rehired at another University location within the employee's period of recall will be eligible for the following as result of no break in service:
- reinstatement of all sick leave accumulated from prior service,
- reinstatement of vacation accrual rate,
- calculation of University service based on full-time equivalent months (or hours) of University service, and
- buy-back of UCRP service credit according to the University Benefit Regulations
Policies, procedures, definitions, qualifications and calculations in effect at PERB's certification of CUE on November 21, 1997, relative to severance pay, that are in conflict with the Agreement, shall remain in effect for employees at the Lawrence Berkeley National Laboratory.