Technical Bargaining Unit Temporary Layoff Day Provisions

May 5, 2009

Section 6.  Temporary Layoffs ‑ Employer Option.

A.  Application of Temporary Layoffs: Temporary layoffs may be used for situations involving:

(1)    Unanticipated losses of funding which the department or agency does not expect to obtain or make up within the temporary layoff period.  Issuance of a Governor's Executive Order approved by the Legislature shall be evidence of unanticipated loss of funding.  Losses of or reductions in federal funds, restricted state funds, bond sales or any other source of state revenues shall also qualify as unanticipated losses of funding under this section; or

(2)    Temporary lack of work, equipment, or materials due to circumstances or events beyond the Employer's control; or

(3)    Natural disaster, lack of utilities or civil disruption that, in the judgment of the Employer, makes premises at a work site inaccessible or unusable; or

(4)    Other circumstances or events which the parties agree during the term of this Agreement warrant a temporary layoff.

B.  Implementation:  Temporary layoff shall not exceed six (6) calendar days per fiscal year.  In such cases employees shall be laid off by inverse seniority order within class and level and layoff unit or, in a circumstance where not all work sites in a layoff unit are involved, by inverse seniority order within class and level and work site.  However, where the Employer determines to temporarily lay off all Bargaining Unit employees in a class and level in a layoff unit, it may do so in the following manner:

(1)    The cumulative period per employee may not exceed six (6) calendar days per fiscal year;

(2)    All employees in a class and level shall be laid off in approximately equal numbers for an equal number of days; and

(3)    Such sequential layoff days shall be on successive work days.

(4)    Employees shall continue to accrue benefits and seniority during such temporary layoff.

C.   Waiver:  An 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 employee was temporarily laid off.

In a circumstance where temporary layoff is being used for a reason other than loss of funding, fifteen (15) calendar days fore notice to the employee shall not be required, but the maximum fore notice possible under the circumstances shall be required.