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.
Continuing Appointees - A layoff can occur at any time during a
Continuing Appointment.
Pre-Six year Appointees - A layoff can occur prior to the expiration
date of the appointment.
The University shall not apply the provisions of this Article in an arbitrary,
capricious or unreasonable manner.
Consistent with this MOU, all layoffs, and reemployment from layoff status,
must be made in accordance with the provisions of this Article.
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.
All provisions of Section B., C., and D. pertain to actions taken within the unit
of layoff.
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.
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.
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.
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. The information provided by the University
shall include the basis for its determination that the NSF's percentage
appointment required a reduction.
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.
Notice/Pay in Lieu of Notice
Notice
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:
Such NSF on quarter or semester appointments or initial
one-year appointments will be given at least thirty (30)
calendar days advance written notice.
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.
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.
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.
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.
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.
Pay in Lieu of Notice
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.
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.
Where advance written notice of reduction in time is not given,
thirty (30) calendar days pay in lieu of notice will be provided.
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.
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.
Alternatives to Layoff
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.
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.
Notice and Pay in Lieu of Notice
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.
Continuing Appointees will be given at least twelve (12) months
written notice of full separation from employment resulting from
layoff.
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.
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.
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. Upon request, the
University will provide additional relevant information to the UC-AFT
regarding the layoff.
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.
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. Pursuant to the provisions
of Article 23, Summer Session, no other provisions of the Layoff Article apply to NSF
appointed to Summer Session.
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
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
The Continuing Appointee has not been laid off for more than two years.
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.
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.
Termination of the Right to Reemployment
The right to reemployment terminates if an NSF:
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;
refuses a second offer of reemployment at the same or higher percentage of time; or
accepts another appointment in the unit at the same or higher percentage of time at the University.
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.
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.
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.
GRIEVANCE AND ARBITRATION
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.
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.
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.
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.
Allegations of procedural violations of this Article shall be subject to the Grievance and Arbitration provisions of this MOU.
