Scientific and Engineering Temporary Layoff Contract Language
May 5, 2009
Below is a portion of Article 12 dealing with Temporary Layoffs.
A. The Union recognizes the exclusive right of the Employer to lay off Bargaining Unit employees for such reasons as lack of funds, lack of work, administrative efficiency, including the right to determine the positions to be abolished or to remain vacant, the extent, effective date and length of such layoffs.
1. An Executive Order reducing Departmental spending and/or wage and salary appropriations, shall be conclusive as to the Employer's right to layoff unit employees.
2. Instructions by the State Budget Director to Departments and Agencies to reduce spending in preparation for lapses of spending authorizations necessary to balance the state's budget shall be treated, for purposes of this Article and Agreement, as conclusive as to the Employer's right to layoff unit employees.
3. Nothing in this Article or Agreement shall preclude the parties from mutually agreeing to any other alternative(s) to indefinite layoffs of unit employees. Paragraph P of this Article contains an alternative to indefinite layoff which may be invoked by the Employer.
4. No Arbitrator may attach any conditions to the use of indefinite layoffs or options provided herein which are not expressly provided in the language of this Article.
Temporary Layoffs. Application of temporary layoffs. Temporary layoff may be invoked by the Employer under paragraph A above.
5. Application.
a. Temporary layoff shall not exceed six (6) days per fiscal year.
b. Unit employees shall be laid off by inverse seniority order within the affected layoff unit(s) or; in a circumstance where not all work sites in a layoff unit are involved, by inverse seniority order within the work site; however, where the Employer determines to temporarily lay off all of the unit employees in a Layoff Unit, it may do so provided that:
(1) The cumulative period does not exceed six (6) days per Fiscal Year; and
(2) All unit employees in the Layoff Unit shall be laid off in approximately equal numbers for an equal number of days.
c. Waiver. A unit employee who is temporarily laid off shall not be entitled to any leave balance payoffs, to bump to any other position, nor to be placed on any recall list or be recalled to any position other than the one from which the unit employee was temporarily laid off. The maximum advance notice possible under the circumstances shall be provided.
d. The Employer will continue to pay its share of the premium for group insurance programs for any unit employee placed on temporary layoff, provided the unit employee prepays his/her share of the premium. Accumulated annual leave and sick leave balances will be frozen during the period of the temporary layoff.
6. Seniority. An employee who is temporarily laid off pursuant to this Section will not lose continuous service hours for purposes of seniority and fringe benefit accrual. A temporarily laid off employee will not be paid.
7. Notice Requirements. The parties agree that notwithstanding the notice requirements contained in Article 12, the temporary layoff notice requirements are as follows:
a. Notice to the Union. The Employer will give the Union at least (14) calendar days written notice of the date or dates on which the Employer plans to implement temporary layoffs of all or some bargaining unit employees.
b. Notice to Employees. The Department or Agency will give written notice to the employees to be laid off at least fourteen (14) calendar days before the first day of layoff. The Department or Agency will give the Union concurrent notice of employee names and, to the extent feasible, work location.
c. Exempted Work Location Notice. If a work location is completely exempted from temporary layoff, the Department or Agency will post a notice so stating at least seven (7) calendar days before the first day of layoff.
B. Benefit Continuation During Layoff.
1. Unit employees laid off as a result of a reduction in force may elect to prepay their share of premiums for medical, dental, vision and life insurance for two (2) additional pay periods after layoff by having such premiums deducted from their final pay checks. The State will pay the state's share of the premium for medical, dental, vision and life insurance for these two (2) pay periods for unit employees electing this option. Election of this option shall not affect the laid off unit employee's eligibility for health and life insurance coverage for twelve (12) months subsequent to layoff by directly paying the entire premium, as per current practice for the remaining eleven (11) months of the one (1) year period.
2. Unit employees who are laid off, at the time of layoff, may elect to continue enrollment in the Group Basic and Major Medical Plan (or alternative plan) by paying the full amount (100%) of the premium. Such enrollment may continue until the unit employee is recalled or for a period of three (3) years, whichever occurs first. Such unit employees may also elect to continue enrollment in the Group Dental and/or Group Vision plans by paying the full amount (100%) of the premium. Such enrollment may continue until the unit employee is recalled or for a period of eighteen (18) months, whichever occurs first. In accordance with paragraph 1 of this Section, the Employer shall pay the Employer's share of such premiums for two (2) pay periods for unit employees selecting these options.
C. Annual Leave.
1. Laid off unit employees who are rehired from layoff to a permanent position in a different Department/Agency may elect to buy back up to eighty (80) hours of accrued annual leave which had been paid off. Unit employees recalled to the Department/Agency from which they were laid off may elect to buy back any portion of annual leave up to the amount paid off. Unit employees electing this option shall buy back annual leave at the returning rate of pay. Such payment shall be made to the Department/Agency making the original payoff. Such option may be exercised only once per recall, and must be exercised during the first thirteen (13) pay periods of the recall/rehire.
2. A unit employee separated by reason of layoff may elect to freeze annual leave up to the accrued balance at the time of layoff. Such balance shall be retained until the unit employee elects to be paid off for the balance or until the unit employee's recall rights expire, whichever occurs first. Payoff shall be at the unit employee's last rate of pay.