Layoff: Checklist
Day 60 or Earlier Department Begins Layoff Planning
The department determines the business reasons for the proposed action and retains any documentation used in making decisions regarding layoff. The department completes a business plan.
The following questions should then be answered:
- Have the reasons for layoff been clearly defined and justified (i.e. lack of funds, lack of work, or reorganization)?
- Has the unit of layoff been identified?
- Have the classifications to be affected been identified?
- Have the skills, knowledge and abilities required to do the remaining work been identified?
- Have temporary, Limited or vacant positions been reviewed for elimination?
- Has consideration been given to assigning affected employees to vacant positions in the department?
- Have the individuals within the affected classification been identified?
- Has contact been made with Labor & Employee Relations?
Day 59 - 55 Department Prepares Layoff Proposal Package
The department determines the business reasons for the proposed action and retains any documentation used in making decisions regarding layoff. The department completes a business plan (Insert Link).
- The Department prepares a "Request for Order of Layoff " Word form for each job classification to be affected within the layoff unit.
- The Department Head or responsible administrative authority must sign the package. Immediately send the package to your:
Labor & Employee Relations Analyst
Box 1202, LHTS 305
Phone: 476-3905
Fax: 476-3278
Day 54 - 30 Labor and Employee Relations Reviews Proposal
Your Labor and Employee Relations Analyst will review the Department’s layoff proposal for adherence to personnel policies, collective bargaining agreements and laws. Union notification requirements are handled by Labor and Employee Relations.
Seniority points will be verified by Labor and Employee Relations and the Department will be informed of the order of layoff, identifying those employees with less seniority.
The layoff/reduction-in-time planning process is complex and requires the involvement of both management and human resource professionals. Any plan to retain an employee outside of seniority order requires written justification and understandably increases the complexity of planning and review. To ensure the most expeditious result, early involvement of the Labor and Employee Relations is essential.
Once the proposal has been reviewed and any necessary changes have been made, Labor and Employee Relations will inform the Department that the proposal is approved and the Department may proceed to the next step in the process which is to advise affected employees of the potential layoff.
Seniority
Indefinite layoff or reductions-in-time of Career employees in the same layoff unit and same job classification occur in the inverse order of seniority. Seniority is based on full-time equivalent months (or hours) of total University service. Time in current job classification or performance is not considered. This means an employee who works one month on a full-time basis receives one seniority point. An employee who has worked one month at 100% and the next at 49% has 1.49 seniority points. Per Diem appointments and on-call hours do not earn seniority points.
Only employment while on pay status counts toward seniority. Employment before a break in service or an approved leave without pay is not counted. Reemployment within the period of right to recall and preference for reemployment or from temporary layoff provides continuity of service. Benefits and seniority accrue only when on pay status. Labor and Employee Relations will calculate seniority for you.
Exercise of Seniority
Employees whose positions have been targeted for layoff may have rights to other positions based upon their seniority. The process to define the right to another position is called the exercise of seniority. The following describes this process:
- Management identifies which position(s) will be eliminated.
- For employees represented by CUE only, and regardless of seniority, the department may elect to invite all clerical unit employees in the same class within a layoff unit to volunteer for layoff. In that case, the union shall be notified of the invitation at the same time the invitation is transmitted to employees
- Seniority points are calculated for the incumbent of the position to be laid off and for the incumbents of other positions of the same classification within the same layoff unit.
- Employees are ranked by order of seniority with the most senior employee listed first.
- The employee in the position targeted for layoff updates their resume that will be reviewed by supervisors of less senior employees.
- Supervisors of less senior employees review the qualifications of the employee designated for layoff (EDL) beginning with the position of the least senior employee.
- An EDL cannot pick and choose the order in which the less senior positions will be reviewed when implementing the exercise of seniority. The exercise of seniority starts with the position of the least senior employee.
- A determination is made as to whether EDL can perform the duties of less senior positions in the same classification within the same layoff unit.
- In a few cases, a less senior employee may possess special skills, knowledge or abilities required of the position which the EDL does not have. In such cases, the less senior employee is retained. It should be emphasized that the retention of a less senior employee based on this exception must be justified in writing on an objective basis pertaining to specific skills, knowledge and abilities possessed by the less senior employee, and skills, knowledge and abilities that the more senior employee does not have.
If it is determined that the EDL does not possess the skills, knowledge and abilities to perform these responsibilities or could not learn the job requirements in a reasonable period of time, the process to exercise seniority continues up the list until such time as a match occurs or there are no remaining positions occupied by a less senior employee.
When an EDL is found qualified for a position, he/she is often given the option to assume that position or to elect to be laid off. (Please see the section below regarding the waiver process.)
Should the EDL elect to be laid off instead of assuming the position of a less senior employee for which they are qualified, the process except for employees represented by CUE, immediately stops. The employee is laid off and he/she is entitled to all rights to recall, preferential rehire and other benefits. Please refer to the recall and preferential rehire tables at the end of the guide for details and applicability.
For employees represented by CUE, upon notification to the more senior employee of reassignment to the least senior employee’s position (or equivalent) he/she will be provided a copy of the job description, if the employee’s duties will change. The employee may request to be laid off out of inverse seniority order. The University shall not solicit volunteers to be laid off out of seniority order. If the University proposes to grant the request, it shall provide notice to CUE. The University will not approve waivers of seniority rights without CUE’s agreement. CUE and the University must agree to the waiver no later than 15 (fifteen) calendar days? after the notice to CUE. Upon agreement the University shall provide 45 (forty-five) calendar days notice to the employee, if feasible. In no case will the employee receive less than 30 (thirty) calendar days? notice, or pay in lieu of notice.
If the University and CUE do not agree, the L/ER Analyst will be the responsible point person to resolve the issue..
Retention Out Of Seniority Order (or Bumping Process)
The Department may retain employees irrespective of seniority who possess special skills, knowledge or abilities which are necessary to perform the ongoing functions of the department. Special steps are required and should be accomplished far in advance of the proposed date of layoff.
- It should be emphasized that this exception to seniority cannot be based on the fact that Employee "A" is deemed to be a "better" employee than Employee "B". The focus must be on special skills, knowledge and abilities of the least senior employee not processed by the EDL. Because the essential functions of non-exempt positions can usually be learned satisfactorily within a reasonable period of time, justification to retain a less senior employee by virtue of the ‘special skills? exception will be closely reviewed.
- After a written justification for retention of the less senior employer is completed, a copy is given to the Employee Designated for Layoff (EDL).
If the EDL agrees with the written justification and there are no other less senior employees, the EDL is given the layoff notice. If there is another less senior employees repeat step 1. - If the Employee Designated for Layoff (EDL) disagrees with the written justification, the EDL must be given the opportunity to interview with the supervisor. The EDL will be given an opportunity to demonstrate to the supervisor of the less senior employee that s/he is qualified to perform the responsibilities of the position of the less senior employee. If the supervisor still believes that retention of the less senior employee is justified, the findings of the supervisor are reduced to writing in a cover memo that is attached to the previously written letter of disqualification/retention of the less senior employee.
Employee Election Not to Exercise Seniority (or Waiver Process)
Employees in some bargaining units may elect to accept layoff in lieu of exercising seniority over a less senior employee. Check with your unit’s assigned L/ER Analyst for a list of these units. The employee must complete a ?Waiver of Seniority? statement.
By accepting layoff in lieu of seniority, employees do not lose their rights to recall or preferential rehire (except when severance provided where accepting money is in lieu of recall rights) and remain eligible for unemployment insurance benefits. Before any waiver is signed, the supervisor should take the following steps:
- Describe the least senior position to the employee.
- Explain the concept of seniority rights to the employee and inform employee that she/he has seniority rights over the position.
- Give the employee a reasonable time period (usually a day or two) to consider whether or not to sign a statement accepting layoff in lieu of exercising seniority.
NOTE: Employees in bargaining units represented by UPTE (HX, RX and TX) and CUE (CX) cannot accept layoff in lieu of exercising seniority without the agreement of the union. When you have a layoff in any of these bargaining units, consult with your Labor and Employee Relations Analyst.
Exercise of Seniority? UPTE
The UPTE collective bargaining agreements prohibit the waiver of seniority for employees targeted for layoff. As such, when implementing the layoff process for employees in an UPTE bargaining unit please follow the steps below:
- Notify the employee that the UPTE collective bargaining agreements provide for the exercise of seniority (bumping process) into positions where the Employee Designated for Layoff (EDL) is more senior than employees in the same classification and layoff unit.
- Do not ask the employee if he/she wishes to waive his or her right to exercise seniority. Assume that he/she will participate in the bumping process.
- If the employee raises the question or the desire to waive/omit the exercise of seniority, advise the employee that the department is obligated to follow the collective bargaining agreement (CBA) and will start the bumping process.
- The process begins with the supervisor of the least senior employee reviewing the qualifications of EDL to determine whether that employee meets the requirement for the position into which they will bump.
- If the EDL declines to consider the position held by the least senior employee (or subsequent positions with less seniority), the employee is effectively declining the opportunity to bump into a less senior position.
- This ends the process where the employee can exercise seniority rights. The employee need not sign the ?exercise of seniority? (waiver) form as the employee has not waived their seniority. The employee has declined and the process goes forward.
- The employee can be laid off.
Other questions regarding the employee’s willingness to participate in the exercise of their seniority for layoff and bumping should be directed to your Labor and Employee Relations Analyst.
Day 30 or earlier SUPERVISOR GIVES NOTICE TO EMPLOYEES
- Supervisor prepares appropriate layoff letter and layoff packets for supervisor.
- Supervisor meets individually with each employee designated for layoff and gives the employee the letter of notification of layoff and the employee layoff packet.
- Grievable Issues. An employee may ask if s/he can submit a grievance regarding the layoff. In that situation, a represented employee should be referred to the applicable labor union representing their bargaining unit. Non-represented employees may be referred to the Labor and Employee Relations Analyst.
- As a point of information, the decision to reduce the workforce is not subject to review under the union grievance provisions or the formal complaint procedure. The employee may file a grievance if s/he feels that the layoff process provided for in the collective bargaining agreements or personnel policies was not followed in selecting the individual employee for layoff. Call your Labor and Employee Relations Analyst if you have questions.
It is strongly recommended that the appropriate supervisor deliver the written notice by hand during a meeting set only for that purpose.