University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

Article 16 Layoff and Recall

Section 1. Purpose.

The purpose of this Article is to protect the jobs and hours of work of employees according to their length of service, as specified in this Article, so that least senior employees are first affected by reductions and most senior employees are last affected as specified in this Article.

No layoffs shall be made for disciplinary reasons or because the Employer has eliminated a specific full‑time position and replaced the full‑time employee with non‑bargaining unit employees.

The employer may lay off an employee due to patient population decrease, abolition of position, shortage of work or shortage of funds, or because of subcontracting.

Section 2. Definitions.

A. Continuing Reductions.

A continuing reduction of the regular work hours of an employee appointed at 75% time or more which continues longer than two (2) consecutive weeks shall be considered a layoff and the Layoff Procedure, Section 3, Bumping, Section 4, and Recall, Section 7, is applicable.

A continuing reduction of the regular work hours of an employee appointed at less than 75% time which continues longer than three (3) consecutive pay periods shall be considered a layoff and the Layoff Procedure, Section 4, Bumping, Section 5, and Recall, Section 7, is applicable.

B. Unanticipated Shift Reductions, Short Term Work Reductions and Special Term Appointments.

The following reductions are only considered layoffs as specified below. These reductions are executed as follows:

1. Unanticipated Shift Reductions.

Unanticipated reductions in the staffing needs of one shift or less shall occur in inverse order of class seniority in the work location and shift affected. Day shift employees shall be notified of such shift reductions as soon as possible. Evening shift employees shall be notified at least two (2) hours in advance of their scheduled starting time. Night shift employees shall be notified at least four (4) hours in advance of their scheduled starting time.

If an employee who suffers an unanticipated shift reduction is not the least senior in the same class in the work location, that employee may elect to bump the least senior in the same class in the work location from a scheduled shift equal to the hours lost by the original shift reduction within three (3) pay periods following the shift reduction. The Employer shall incur no overtime obligation due to this change in shifts.

2. Short Term Reductions.

Anticipated but short term reductions of work of two (2) weeks or less for employees working 75% time or more or for three (3) payroll periods or less for employees working less than 75% time shall occur in inverse order of classification seniority in the work location as defined in Appendix B.

Employees shall be notified of such short term reductions in writing by the Employer at least thirty (30) calendar days prior to the effective date of the short term reduction unless the reduction is due to an emergency beyond the Employer's control.

The Employer agrees that if any bargaining unit work is available in the department due to vacation or other employee absence it shall be made available first to the most senior qualified employee affected by the anticipated short‑term reduction.

3. Special Term Appointments.

Employees in positions identified as less than twelve (12) month positions shall receive a letter describing the periods of work and the periods of not working under the terms of their appointment at the time of hire. The notice shall advise the employees to inquire with the appropriate office or agency concerning any legal rights to insurance benefits or unemployment compensation during the period they are not working.

If the dates that the position is not working are changed from the period stated in the original letter, the employee will receive thirty (30) days notice and be eligible for Section 3, Layoff Procedure, and Section 4, Bumping, provided the duration of the change would qualify as a layoff as defined in Section 2A.

4. Layoff and Bumping Rights.

When an employee's regular shifts have been reduced by a cumulative total of one (1) pay period of that employee's normal work hours or forty (40) hours, whichever is less, under any provision of Section 2, Subsection B, during any calendar quarter, then Section 3, Layoff Procedure, and Section 4, Bumping, shall apply. However, an employee may elect not to utilize the filling of vacancies and/or bumping options specified in Section 3 and 4, and retain their present position.

5. School of Dentistry Academic Breaks.

Layoffs occurring in the School of Dentistry because of breaks between academic terms shall not activate bumping rights. Any hours an employee is reduced in excess of the shortest hour reduction for a specific academic term break shall count towards the cumulative total in this section.

Section 3. Procedure.

In the event of subcontracting or layoff the Employer shall identify the positions being eliminated, including the classifications, location, shift and percentage appointment.

If there is more than one position on a work location in the same classification, percentage appointment and shift, the position eliminated shall be the position of the least senior employee according to classification seniority. The Employer may lay off the employee(s) in the classification(s) affected equal to the number of positions eliminated. The Union shall be provided this information at least seven (7) days prior to layoff notice(s) being issued.

Employee(s) whose position(s) has been eliminated shall receive notice as soon as the need for layoff is known, but at least thirty (30) days prior to the effective date of the layoff, unless the layoff is necessary due to an emergency beyond the Employer's control.

Those receiving a notice shall have until nine (9) days prior to the effective date of the layoff to decide on a course of action.

If the minimum thirty (30) day notice cannot be provided by the Employer due to an emergency or because the person affected is being bumped, notification of any necessary layoff shall be communicated to the employee and the Union as soon as possible.

An employee being bumped shall receive a minimum of nine (9) working days advance notice.

All layoff notices shall include the reason for layoff, the estimated length of the layoff, and the form and instructions necessary for the employee to be placed on the layoff list.

During the notice period the following shall occur:

  1. Each affected employee shall submit an updated application on forms provided by the Employer to the appropriate Human Resources Department;
  2. The Employer shall meet with affected employee(s) to advise the employee(s) of his/her rights and options in the layoff situation and his/her rights under Article 13, Filling of Vacancies;
  3. Affected employees shall be placed into job openings in accordance with Article 13, Filling of Vacancies.

Section 4. Bumping.

Bumping rights shall be exercised only one time per layoff. An employee who is about to be laid off may first bump the least senior employee in the same class and Administrative Unit at the closest percentage appointment. If no such position exists, or the position is at a lower percentage than the employee's current position, the employee may bump the least senior employee in classification(s) in which the employee has previously passed probation in the Administrative Unit. Bumping rights to previously held classes are in the order of most recently held.

When two (2) or more employees in the same classification, percentage appointment, and Administrative Unit have received layoff notices and intend to bump, the employee with the greater classification seniority shall have priority in exercising that option and may choose among the positions to be bumped.

In all cases of bumping, the employee exercising bumping rights must meet the posted qualifications for the position.

Employees who are bumped shall be considered laid off employees and shall also have the right to exercise bumping rights based on classification seniority. An employee who chooses not to exercise bumping rights shall have his/her name placed on the layoff list.

Section 5. Probation.

Employees who transfer to another classification or move to a new classification after receiving a layoff notice may be required to serve a probationary period in accordance with Article 14, Probationary Period.

If the employee does not pass probation, the employee shall still retain bumping rights under this Article to any classification in which he/she has previously passed probation and shall be allowed to exercise bumping rights at the time he/she is informed of the non-certification.

Section 6. Layoff Lists.

The Employer shall maintain a list of all employees who have been laid off from their position, classification, or Administrative Unit. Such lists shall be maintained for the entire bargaining unit and shall be provided to the Local Union President, Chief Steward, or Business Representative upon request. The list shall contain the employees' seniority dates and dates of layoff.

Section 7. Recall.

Employees shall be recalled from layoff by classification seniority order from the Administrative Unit layoff list.

No new employees will be hired into a classification until all employees on layoff status in that classification have been offered an opportunity to return to work.

An employee whose name has been placed on a layoff list shall retain recall rights for a period of three (3) years.

An employee who is recalled from layoff shall indicate his/her acceptance within seventy‑two (72) hours of the time of notification. The Employer shall provide such notification by a certified mailing to the employee's last known address.

If an employee on permanent layoff status chooses to accept the offered position, he/she shall have a maximum of three (3) weeks from the date of accepting to report for work.

If an employee chooses not to accept the offered position, and the offered position is the same or higher percentage appointment, all recall rights shall be forfeited.

After a period of one (1) year from the date of the refusal to accept an offered position in the same or higher percentage appointment, an employee's recall rights shall be restored for the remainder of their three (3) year eligibility by the employee making a request for restoration by certified mail to the head of the Administrative Unit. The employee shall be informed of this obligation in the letter notifying them of recall.

Section 8. Rights of Employees on Temporary Appointments.

An employee who has passed their initial probation in a continuing position and has moved to a temporary position, shall have his/her name placed on the layoff list when the temporary appointment ends.

Section 9. Temporary Work.

Employees having been given notice of layoff or a short term reduction in employment shall be offered available work assignments, if qualified, before new temporary or agency temporary employees are hired, provided the employees have notified the appropriate employer contact regarding their availability.