The following material provides key information regarding Article 13, Layoff and Reduction in Time in the UC- Teamster 2010 Agreement covering Clerical Unit employees. The Article covers temporary and indefinite layoffs and reductions in time.
Please remember to read the entire contract article when you are considering a layoff or reduction in time, and contact your Campus Shared Services Human Resources Business Partner as soon as you believe a layoff may be necessary.
A temporary layoff is a layoff in which the University specifies a date for return to work of not more than 4 months (120 calendar days). Temporary reduction in time is an action whereby the employee's appointment rate is reduced for a period of not more than 4 months (120 calendar days).
Seniority does not apply in the selection of employees chosen for a temporary layoff. Employees who are subject to a temporary layoff do not have preferential rehire rights or recall rights, and do not have the option to receive severance pay.
Please use the temporary layoff model letter (Word) or temporary reduction in time model letter (Word) to provide notice to employees. Please be sure to review the explanatory notes that follow each model letter for details about notice requirements, benefits, return to work considerations, attachments and other important information.
Deciding Who To Layoff
- Employees are laid off in inverse order of seniority.
- You may retain a less senior employee on the basis of special skills that cannot be learned in less than six (6) months and are necessary to perform the functions of the job.
- You may invite all clerical employees in the layoff unit to volunteer for layoff.
- The University must notify Teamsters 2010 that you have invited the employees to volunteer for layoff at the time the invitation is given to the employees. Work with your Campus HR Business Partner who will contact Labor Relations and ask that unit to provide the notice
- The University must notify Teamsters 2010 of the names of the individuals who volunteered prior to the effective date of the layoff. Campus Labor Relations will provide this notice following receipt of this information from your CSS HR Business Partner
- If an employee's duties will change because of a reassignment of an employee to a less senior employee's job, you must provide the employee whose job is changing with a copy of the new job description.
- The employee may request to be laid off out-of-seniority. If you are willing to grant the request, you must notify Teamsters 2010. Teamsters 2010 has fifteen (15) calendar days to agree to the waiver. If Teamsters 2010 does not agree, the employee's request must be denied.
When The Decision To Layoff Is Made
- Complete Attachment A, Information Regarding Layoffs (Word), and forward to your Campus Shared Services Human Resources Business Partner.
Notice Of A Layoff
- A letter noticing the employee of the effective date of the layoff must be sent to the employee and Teamsters 2010.
- Sixty (60) days advance notice of a layoff should be given, if feasible.
- Forty-five (45) days notice must be given to Teamsters 2010 if five (5) or more FTE in the same layoff unit are scheduled to be laid off on the same effective date.
- Forty-five (45) days minimum advance notice must be given; however, up to 45 days of the 60-day notice period may be pay in lieu of notice.
|Type Of Layoff Action||Entitlement||Model Layoff Letters|
|indefinite layoff||severance OR recall and preferential rehire||Letter No. 1|
|indefinite reduction in hours of work||recall and preferential rehire||Letter No. 2|
|transfer from career to non-career position||recall and preferential rehire||Letter No. 3|
Years of Eligibility for Recall and Preferential Rehire
|Years of Service||Recall||Preference|
|Less than 5 years||3 years||1 year|
|Five years up to 10 years||3 years||2 years|
|10 or more years||3 years||3 years|
- Employees have 14 calendar days to elect severance.
- The amount of severance is calculated on the percentage of employment.
- Employees whose time was reduced during the 60 calendar days prior to the indefinite layoff are eligible for severance based on their percentage of employment prior to the reduction in time.
Calculation methodology is described in the template letter.
- All employees rehired to a career position before the expiration of the number of weeks for which the employee has received severance payments are required to pay back the remaining severance amounts as a condition of employment. [Contact Labor Relations for instructions as soon as the decision to rehire is made.]
- The repayment will be on a proportional basis if the position to which the employee is rehired is at a different percentage than the original appointment.
Attachments to Layoff Letter
Send copies of Layoff Letters and Option Election Forms to Teamsters 2010 with a Proof of Service Form