Know Your Layoff Rights!

May 1, 2020

Don’t be forced to move somewhere you don’t want to go! Know your layoff rights as per DAS/SEIU Collective Bargaining Agreement Article 70.

Don’t be forced to move somewhere you don’t want to go! Know your layoff rights as per DAS/SEIU Collective Bargaining Agreement Article 70. Below I have highlighted some important sections of Article 70. This should help you understand your rights if you should get notice of your position losing funding. If you have any questions, contact your Steward or Member Resource Center.

___________________________________________________________

ARTICLE 70—LAYOFF

Section 1. A layoff is defined as a separation from the service for involuntary reasons other than resignation, not reflecting discredit on an employee. An employee shall be given written notice of layoff at least fifteen (15) calendar days before the effective date, stating the reasons for the layoff. (See Sections 9 and 10 on statewide recall rights and intergovernmental transfers, and see Section 11 regarding Secondary Recall Rights.)

Section 2. The layoff procedure shall occur in the following manner:

(a) The Agency shall determine the specific positions to be vacated and employees in those positions shall be notified of layoff. The Agency shall notify in writing all affected employees of his/her seniority and his/her contractual bumping rights. The Agency shall notify the Union of the seniority of all employees in all affected positions in writing. In addition, the Agency shall provide each Union Steward in the geographic area affected by layoff with one (1) written copy of the seniority of employees in all affected positions in that geographic area. The Agency shall also post a copy of the seniority of all affected positions in the geographic area on the employee bulletin board.

(b) Temporary employees working in the classification and geographic area in which a layoff occurs shall be terminated prior to the layoff of trial service or regular employees.

(c) Employees shall be laid off and seniority calculated within a geographic area and within the following separate categories:

(1) Permanent full-time positions;

(2) Permanent part-time positions;

(3) Seasonal full- and part-time positions; or

(4) Academic year positions

(OSD):

• Full-time academic year positions; or

• Part-time academic year positions.

(5) The Employment Department shall maintain the following layoff lists:

(A) Full-time employees plus seasonal employees with more than twelve (12) months continuous fulltime employment immediately preceding layoff;

(B) Seasonal employees with less than twelve (12) months continuous full-time employment immediately preceding layoff;

(d) An employee notified of a pending layoff shall have one (1) opportunity to prioritize the following options and communicate such choice(s) in writing to the Agency within seven (7) calendar days from the date the employee is notified in writing. If the date the employee’s response is due falls on a Saturday, Sunday or holiday, the employee will provide his/her choice to the Agency on the next business day. However, this seven (7) day notice will not be required if the employee is involved in a meeting to make such choice as long as seniority has been posted prior to this seven (7) day notice as specified in Section 2(a).

(1) The employee may displace the employee in the Agency with the lowest seniority in the same classification for which he/she is qualified in the same geographic area in the Agency where the layoff occurs.

(2) If no positions are accessible under option one (1), the employee may displace the employee in the Agency with the lowest seniority in the same geographic area in any classification with the same salary range in which the employee previously held regular status, including any predecessor classification; or, if this choice is not available to the employee, the employee may move into vacant positions in classifications with the same salary range that the Agency intends to fill in the same geographic area.

(3) The employee may identify and prioritize up to three (3) classifications in lower salary ranges for which he/she is qualified within the Agency and same geographic area. The employee may demote to the lowest seniority position in one of the identified classifications considered in the order listed by the employee, pursuant to this Section. Employees who elect to demote shall be placed on any geographic area layoff list of his/her choice within the Agency for the classification from which he/she demoted.

(4) The employee may elect to be laid off. An employee who elects to be laid off shall be placed on any geographic area layoff list of his/her choice within the Agency for the classification from which he/she was laid off.

The options provided by Subsections 2(d)(1), (2) and (3) above shall apply to regular status (i.e., nonlimited duration) employees displacing limited duration employees only when the limited duration positions are expected to continue for at least ninety (90) days beyond the time of layoff.

For purposes of bumping under Section 2(d)(1), (2) and (3), a vacant position that management intends to fill is considered to have the least seniority.

(e) To be qualified for the options under Section 2(d)(1), (2) and (3), the employee must meet the minimum qualifications for the position’s classification and must be capable of performing the specific requirements of the position within a reasonable period of time. A reasonable period of time is defined as approximately thirty (30) calendar days. If an employee meets the minimum qualifications but is not capable of performing the specific requirements of the lowest seniority position, he/she may displace or demote to the next lowest seniority position in the classification, provided that the incumbent in the next lowest position has a lower seniority than the employee displacing or demoting.

(f) When exercising an option under Section 2(d)(1), (2) and (3), an employee shall only be eligible to displace another employee with lower seniority.

(g) When an employee is laid off because of being separated from state service per Section 2(d) (4) of this Article, moving expenses will be paid once by the Agency. In other words, moving expenses will be reimbursed only when that employee has in fact, left State service and is called back from the layoff list to a geographic area other than the one in which he/she was laid off. Moving expenses will not be paid by the Agency for any other moves associated with displacement, demotion, or return from a layoff list.

(h) Limited Duration Appointments—Workload Reasons.

Eligible employees, as defined in Article 51 Section 2,shall have their seniority calculated within a geographic area and may bump limited duration or permanent employees based on their seniority within the following separate categories:

(1) full-time status;

(2) part-time status.

(i) Limited Duration Appointments—Non-Workload Reasons. Eligible employees, as defined in Article 51, Section 1, whose limited duration appointment that exceeds two (2) years shall have their seniority calculated within a geographic area. These employees shall be placed on the Agency recall list for the affected geographic area when the limited duration appointment ends. These employees will not be eligible to bump any employees, but shall be placed on the affected agency layoff recall list for the class they held as a limited duration employee.

(j) An initial trial service employee cannot displace any regular status employee (see Section 5 for more on treatment of trial service employees).

(k) Job Share Positions.

(1) Individuals filling a job-sharing position which totals a full-time equivalent at the time of calculation of seniority shall be considered as one (1) full-time equivalent or, if either Party chooses, as part-time employees.

(2) If the employees in a job-share position choose to be treated as a full-time employee, seniority for the position shall be determined by averaging the two (2) individuals’ Layoff Service Date.

(3) If either employee in a job-share position chooses to be treated as a part-time employee, seniority for each employee will use individual Layoff Service Date. If only one (1) person is filling a job-share position, he/she shall be considered as a full-time equivalent.

(l) If an employee is overfilling or underfilling a position, the employee will be considered in the position classification for the purposes of this Article. If an overfill employee is displaced, demoted in lieu of layoff or is laid off, the employee shall retain his/her overfill status upon return to his/her classification.

(m) Any employee displaced by another employee exercising options under Section 2(d)(1), (2) and (3) may also exercise any option available under Section 2(d).

(n) Designation of Classification for Layoff.

(1) Classification for layoff purposes is the employee’s classification of record on the date the seniority list is frozen.

(2) Classification changes (reallocations, reclassifications) approved for implementation after the seniority list is frozen, but before the layoff effective date, will not be implemented until the day after the layoff date at the earliest and shall not be arbitrarily delayed.

(3) Both the incumbent and bumping in employee cannot equally benefit from a successful change resulting from reallocation change, whether requested by the Agency or employee appeal (e.g., both be reallocated, both have recall rights to the higher class, etc.).

(A) Bumped-out employees should benefit from reallocation for pay purposes up to the layoff date and be eligible for recall back to the reallocated class.

(B) Bumping-in employees should receive benefit for pay purposes beginning the effective date of landing in the new class until or unless management removes the higher level duties. Recall rights should be to the employee’s former classification, rather than to the newly designated class for the bumped into position.

(4) Both the incumbent and bumping-in employee cannot equally benefit from a successful Agency requested reclassification or employee initiated classification appeal.

(A) Bumped-out employees should benefit from reclassification for pay purposes up to the layoff date.

(5) Pay will be reconciled, as appropriate, for employees laid off or bumped-out of positions affected by a successful reallocation or reclassification.

Section 3. For purposes of this Article, the term “Agency” does not include employees represented by other unions. There will be no cross-bumping between unions. If, however, the Employer and/or the Agency permits another union to cross-bump into SEIU Local 503, OPEU positions, such rights shall be extended to SEIU Local 503, OPEU bargaining unit members also. There shall not be cross bumping between the Management Service and the bargaining unit.

In instances where there is more than one (1) classification in the same salary range affected by a concurrent layoff, employees in the multiple classifications will have their layoff option selection notices processed by seniority (state service) within the salary range as opposed to classification. However, should two (2) or more employees continue to have equal seniority it will be decided in accordance with Section 4(d).

In instances where the first round of layoffs have been completed and a vacancy which the Agency intends to fill occurs prior to the initiation of a second round of layoffs, employees who are on an Agency geographic area layoff list may have priority rights to such vacancy in accordance with the Filling of Vacancies Articles.

Section 4. Seniority.

(a) Seniority Definition. Seniority is the Layoff Service Date which is the date the employee began state service (except as a temporary appointee) as adjusted for break(s)-in-service. (See Letter of Agreement 70.00-09-179 in Appendix (A).

(b) Break-In-Service. A break-in-service is a separation or interruption of employment without pay of more than two (2) years. If an employee has a break-in-service that does not exceed two (2) years, he/she shall be given credit for the time worked prior to the break-inservice. Seniority will also be adjusted for leaves without pay in excess of one (1) year.

(c) Seniority Frozen. When an Agency intends to initiate a layoff, the Agency will notify the Union in writing that all seniority will be frozen from the date of notice for a period not to exceed three (3) months. However, during the period when seniority is frozen, the employee will continue to accumulate time towards seniority for purposes of future computations. The three (3) month freeze may be extended by mutual written agreement of the Union and the Agency.

(d) Equal Seniority. If it is found that two (2) or more employees in the Agency in which the layoff is to be made have equal seniority, then the greatest length of continuous service in the Agency shall be used. If ties between employees still exist, the order of layoff shall be determined by the Agency in such manner as to conserve for the State the services of the most qualified employee.

Section 5. Any trial service employee who is laid off or demoted in lieu of layoff shall not be placed on the Agency layoff list, but shall be restored to the eligible list from which certification was made if the eligible list is still active.Restoration of the list shall be for the remaining period of eligibility that existed at the time of appointment from the list.

Section 6. Regular and eligible limited duration employees laid off or demoted in lieu of layoff shall be placed on the reemployment list for the classification in which they were laid off.

Section 7. Regular status seasonal employees laid off prior to the end of the season shall be placed in order of seniority on the Agency layoff list for seasonal reappointment and shall be limited so as to encompass only those seasonal employees in a classification who are employed at that specific geographic location and the Agency where the reduction occurs. The eligibility for such seasonal employees shall be canceled at the end of each season.

Section 8. Any employee demoted in lieu of layoff may request at that time and shall be paid for all accrued compensatory time at the rate being earned prior to demotion in lieu of layoff.

Section 9. Agency Layoff Lists. Names of regular employees of the Agency who have separated from the service of the State in good standing by layoff or who have demoted in lieu of layoff, or employees transferred outside State government due to intergovernmental transfers, shall be placed on layoff lists in seniority order established by the classification from which the employee was laid off or demoted in lieu of layoff and by geographic area.

Names of eligible workload limited duration employees of the Agency, who have separated from the service of the State in good standing by layoff or who have demoted in lieu of layoff, shall be placed on appropriate Agency layoff list in seniority order established by the classification from which the employee was laid off or demoted in lieu of layoff and by geographic area.

Names of eligible non-workload limited duration employees shall be placed on appropriate Agency layoff list in seniority order established by the classification from which the employee was laid off and by geographic area.

The employee shall designate in writing the geographic area layoff list(s) on which he/she wishes to be placed.

An employee currently on a layoff list prior to the effective date of this Agreement, shall be placed on the geographic layoff list from which he/she was laid off and shall be notified by the Agency of his/her right to designate additional geographic layoff list(s) in accordance with this Article.

Section 10. Recall. Employees who are on an Agency layoff list shall be recalled by geographic area in seniority order beginning with the employee with the greatest seniority.

(a) Same Geographic Area Recall/Recall to a Permanent Position. If an employee (permanent or limited duration) is certified from a layoff list and is offered a permanent position in the geographic area from which he/she demoted or was laid off, he/she shall have one (1) right of refusal. Upon a second refusal, however, the employee’s name will be removed from the layoff list in that geographic area.

(b) Different Geographic Area Recall/Recall to a Permanent Position. If an employee (permanent or limited duration) is certified from a layoff list and is offered a permanent position in a different geographic area from which he/she demoted or was laid off, he/she shall have one (1) right of refusal. Upon a second refusal, which must be more than fifteen (15) days after the first refusal, the employee’s name will be removed from the layoff list for that geographic area. An employee who has other refusals during this fifteen (15) day period shall not have his/her name removed from the list.

(c) An employee appointed to a permanent or seasonal position from a layoff list shall be removed from all other layoff lists for that classification.

(d) When an employee is laid off because of being separated from state service per Section 2(d)(4) of this Article, moving expenses will be paid once by the Agency, except for recall of employees transferred outside State government due to intergovernmental transfer. In other words, moving expenses will be reimbursed only when that employee has in fact, left State service and is called back from the layoff list to a geographic area other than the one in which he/she was laid off. Moving expenses will not be paid by the Agency for any other moves associated with displacement, demotion, or return from a layoff list.

(e) If a temporary appointment is necessary in any geographic area and is expected to last longer than forty-five (45) days and there is a layoff list for that classification in the geographic area, employees on the layoff list shall first be offered the temporary appointment prior to hiring any other temporary. Refusal of a temporary job does not constitute a right of refusal under this Section. This shall only apply to employees separated from State service. Such employees shall be appointed as a temporary employee and will not be eligible for any benefits covered under this Agreement.

(f) If a limited duration appointment is necessary in any geographic area and is expected to last longer than ninety (90) days, and there is a layoff list for that classification in the geographic area, employees on the layoff list shall first be offered the limited duration appointment prior to hiring any other limited duration employee. Refusal of a limited duration appointment does not constitute a right of refusal under this Section.

Section 11. Secondary Recall Rights.

(a) Application: These rights apply to all employees and Agencies represented by the Union except employees who are laid off during initial trial service.

(b) Definitions:

(1) Geographic areas are the groupings of work locations in event of layoff and the scope of recall rights after a layoff as defined in the Agency-specific provisions of Articles 70.1, 70.2, 70.3, and 70.5.

(2) Agency Layoff Lists are intra-Agency layoff lists, as defined in Article 45, Section 2(a), and as further defined by geographic areas for layoff for each Agency in Articles 70.1, 70.2, 70.3, and 70.5.

(3) Secondary Recall List is an inter-Agency layoff list, which consists of regular status employees who have been separated by layoff from Union-represented positions in Union-represented Agencies and who have elected to be placed on such list, consistent with the definitions of geographic areas for layoff for each Agency in Articles 70.1, 70.2, 70.3, and 70.5.

(c) Coordination with Articles 45 and 70: The recall options provided herein shall be consistent with the priority of recall to positions from layoff within an Agency, as specified in this Article and Article 45, except that recall from Agency Layoff Lists shall take precedence over recall from the Secondary Recall List.

(d) Procedures:

(1) Placement on the Secondary Recall List.

(A) Regular status employees and eligible workload limited duration employees, who are separated from the service of the State in good standing by layoff or transferred outside State government due to intergovernmental transfer shall, in addition to their right to be placed on Agency Layoff Lists, be given the option of electing placement on the Secondary Recall List by geographic area for other SEIU Local 503, OPEUrepresented Agencies which utilize the same classification from which they were laid off. The term of eligibility of candidates placed on the list shall be two (2) years from the date of placement on the list or the termination of this Agreement whichever occurs first.

(B) Employees who elect to be placed on the Secondary Recall List shall specify in writing the Agencies and geographic areas of their choice.

(2) Use of the Secondary Recall List.

(A) Notwithstanding any other provision regarding the use of the Secondary Recall List, designated individuals on the secondary list may be given first preference for appointments to positions in order to ensure adequate numbers of protected class employees, based on the goals of the Affirmative Action Plan developed by the Agency effecting the recall, consistent with applicable law.

(B) After the exhaustion of any Agency Layoff List for a specific classification within a geographic area, the Secondary Recall List shall be used to fill all positions within a specific classification and geographic area consistent with Section (c) above, until such secondary list is exhausted.

(C) To be eligible for appointment from the Secondary Recall List, a laid off employee on such list must meet the minimum qualifications for the classification and any special qualifications for the position.

(D) Prior to initiating other methods to fill a vacancy, except an agency layoff list, agencies shall utilize the Secondary Recall List to fill positions. The Agency will call for certifications from the list of the five (5) most senior employees who meet the minimum qualifications for the classification and any special qualifications for the position to be filled. The Agency will select one of the five (5) employees from the list. Seniority for this purpose shall be computed as described in Section 4 of this Article.

(E) Where fewer than five (5) eligible employees remain on the Secondary Recall List, the Agency shall select one (1) of these employees who meets the minimum qualifications for the class and any special qualifications for the position.

(3) Appointments/Refusals of Appointments from the Secondary Recall List.

(A) Recall to a Permanent Position. A laid off regular status or eligible workload limited duration employee on the Secondary Recall List who is offered a permanent appointment from the list and refuses to accept the appointment shall have his/her name removed from the Secondary Recall List.

(B) Employees appointed to positions from the Secondary Recall List shall have their names removed from all other Agency Layoff Lists and the Secondary Recall List.

(C) Employees appointed to positions from the Secondary Recall List shall serve a trial service period not to exceed three (3) full months. Administration of the trial service period shall be consistent with Sections 2, 4, and 5 of Article 49. However, employees who fail to successfully complete this trial service period shall have their names restored only to the Agency Layoff Lists on which they previously had standing. Restoration to the Agency Layoff List shall be for the remaining period of eligibility that existed at the time of appointment from the Secondary Recall Lis

(D) Employees appointed to positions from the Secondary Recall List shall not be entitled to moving expenses.

Section 12. Geographic Area. See Articles 70.1-70.5.

Section 13. When the Employer declares that a lack of funds will necessitate a layoff, the Parties will meet, if requested by either the Employer or the Union, to consider such alternatives to layoffs as: voluntary reductions in hours; voluntary paid leaves of absence; other voluntary programs and/or temporary interruptions of employment. Such alternatives shall be subject to mutual agreement by the Union and the Employer. In the absence of such mutual agreement, the Employer may implement layoff procedures consistent with this Agreement. The Parties agree that any and all discussions that take place under this Section shall not be subject to Article 5—Complete Agreement of this Agreement, or constitute interim negotiations under PECBA. In addition, the Parties will not be required to use the dispute resolution processes contained in PECBA.

Section 14. Prior to transferring a program to an Oregon non-profit corporation that is not a PERS participant, a regular status employee shall be afforded layoff and bumping rights. (See Letter of Agreement 70-00-09-179 in Appendix A.)

ARTICLE 70.3E–DEFINITION OF GEOGRAPHIC

AREA (ODFW)

Section 1. For purposes of Article 70–Layoff, the geographic area for employees other than seasonal and temporary employees shall be the Watershed District in which the employee’s official station is located.

Section 2. For purposes of Article 70–Layoff, the geographic area for seasonal employees shall be the employee’s worksite.

Section 3. For the purpose of Article 70 – Layoff, the Agency shall provide each Steward in the Watershed District in which the employee’s worksite is located, an electronic copy of the seniority of employees in all affected positions in the applicable geographic area once a written notice of layoff has been issued to the employee by the Agency.