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

Article 25 Layoff and Recall

Section 1. Layoff Policy

The Employer may lay off an employee because of abolition of a position or involuntary reduction of an employee's appointment due to shortage of work or funds, or other reasons beyond the employee's control which do not reflect discredit on the employee, or offer alternatives to layoff as provided in the Memorandum of Understanding, “Alternatives to Layoff.”

The Employer shall not lay off a bargaining unit employee and subsequently assign the majority of the work of that position to students or supplemental employees.

Section 2. Eligibility For Layoff Rights

An employee who has passed probation in a continuing position of 36% or greater appointment and who, as determined by the Employer, is qualified for the position into which s/he is exercising bumping rights, is eligible for layoff rights defined below. Employees in Temporary appointments, see Section 7G.

An employee who is laid off while on disability leave, parental leave, family leave, or leave for workers' compensation, shall receive notice at the time as provided in this article. When an employee returns from disability leave, parental leave, family leave, or leave for workers' compensation to a position that has been eliminated, the employee shall have the right to exercise bumping and layoff rights as provided in Article 25. Employees on parental leave shall have the right to go on the layoff list any time after receiving layoff notice until the expiration of the approved leave. An employee returning from parental leave shall have the right to exercise bumping and layoff rights at the time s/he returns from parental leave. In the case of disability leave, family leave, or workers' compensation, the employee shall have the right to exercise bumping and layoff rights at the time the employee is able to return from disability leave, family leave or workers' compensation.

Section 3. Definition of Layoff

The layoff procedure for those eligible under Section 2 shall come into effect when any of the following occurs:

  1. When the Employer implements a continuing reduction of the percentage appointment of an employee appointed at 100% time or abolishes the position. The Employer may reduce the appointment of an employee appointed at 100% down as far as 90% without layoff protections coming into effect.
  2. When the Employer implements a reduction of a twelve (12) month appointment by more than four (4) weeks.
  3. When the Employer implements a continuing reduction of the percentage appointment of an employee appointed at less than 100% time which reduces the employee's current percentage appointment below benefit line: this means a reduction below 75% for a 75-99% appointment or below 50% for a 50-74% appointment or below 36% for a 36-49% appointment.
  4. For employees in positions identified as less than twelve (12) month appointments whenever the period of working time is reduced by more than four (4) weeks.

Section 4. Preliminary to Layoff

At least twenty-eight (28) calendar days before the effective date of a layoff, the Union will receive notice of the approximate number of positions and probable classes affected by the impending layoff, except in emergency situations.

Upon request of the Union, the Department may meet with a Union representative and affected employee(s), and other participants the Department deems appropriate, to discuss the impending layoff and possible alternatives to layoff, and advise employee(s) of their rights under this Article. This discussion is not subject to the grievance process and shall not delay the effective date of the impending layoff.

The Employer and the Union agree that employees in the affected Department may volunteer for layoff or hour reductions but this shall not require extending the effective date of the layoff. Employees may also have options available under the Memorandum of Understanding, “Alternatives to Layoff”.

Departments may offer vacancies or reassignments in the same class, transferable classes, or lower class, in those units where layoffs have been announced and/or have occurred to remaining qualified employees in order of University seniority before these vacancies are posted.

Section 5. Layoff Notice

Employee(s) whose positions have been abolished or reduced as described above shall be notified in writing at least twenty-eight (28) calendar days before the effective date of an employee's layoff, except in emergencies. Employees who will be bumped by another employee shall be notified in writing at least twenty one (21) calendar days before the effective date of the bump, except in emergencies. A copy of the layoff notice, which must identify the specific position(s) to which an employee has rights to bump, will be sent to the appropriate Human Resources Department and to the Union and shall include the reasons for the abolition or reduction of the position as per Section 1, an explanation of the employee's bumping rights, and a reference to the possible impact of layoff on unemployment benefits should bumping rights not be exercised. Should a layoff notice fail to include the specific position to which an employee has bumping rights or fail to identify if there are no bumping rights, then a new layoff notice of twenty one (21) or fourteen (14) days shall be issued, and a new deadline is established for the decision whether or not to bump.

Once layoff notice has been issued, affected employees shall be granted up to one and one-half (1.5) straight time paid hours per week to interview for other University positions. Time in excess of one and one-half (1.5) hours may be charged to accumulated vacation leave or compensatory time or be taken without pay. The employee must request such time off from his/her supervisor.

If an employee with a continuing appointment is not hired in a vacancy per Article 5, Recruitment and Employment, Section 3A, or does not take one of the Alternatives to Layoff identified in the MOU, the bumping procedures detailed below shall come into effect upon the effective date of the layoff. (See also Section 7D and Section 10, paragraph 2).

Section 6. Bumping Procedures

Employee(s) shall bump in the following order:

  1. The employee shall bump in the same Department, to the position occupied by the least senior employee who is in the same class, immediate geographic area and within the applicable definition of layoff, or if the employee has no bumping right and chooses to do so, to a definition of layoff which provides less work time, per Section 3A-D, that is held by the least senior employee by University seniority within the class. If no such position(s) exists,
  2. The employee shall bump in the same Collegiate/Administrative Seniority Unit to the position occupied by the least senior employee who is in the same class, immediate geographic area, and within the applicable definition of layoff, or if the employee has no bumping right and so chooses, to a definition of layoff which provides less work time, per Section 3A-D, that is held by the least senior employee in the class by University seniority. If no such position exists,
  3. The employee shall bump in the same Department to the position in a lower class in which the employee has passed probation in the Department, in the same immediate geographic area, and within the applicable definition of layoff, or if the employee has no bumping right and so chooses, to a definition of layoff which provides less work time, per Section 3A-D, that is held by the least senior employee in the class by University seniority. If no such position exists,
  4. The employee's name shall be placed on the layoff list.
  5. Immediate Geographic Area. Each of the distinct geographic areas listed here shall be separate immediate geographic areas:

    1. Twin Cities campus and the surrounding metropolitan areas including Rosemount, Chaska, Excelsior, Navarre and Bethel;
    2. Duluth campus;
    3. Crookston campus and Northwest Research and Outreach Center;
    4. Morris campus and West Central Research and Outreach Center;
    5. Southern Research and Outreach Center;
    6. North Central Research and Outreach Center;
    7. Southwest Research and Outreach Center;
    8. Cloquet Forestry Center;
    9. Rochester CEE Center;
    10. Hormel Institute, Austin;
    11. Willmar

See Appendix G Extension Geographic Areas regarding Immediate Geographic Area for Community Nutrition Educator (Classification #4911) and Community Program Assistant (Classification #4912) in Minnesota Extension Services.

Section 7. Limitations on Vacancy, Bumping Rights and Procedures

A. Prior Class Rights.

If an employee is eligible to bump to more than one previously held classification, the bumping options shall be applied to those classifications in the inverse order in which they were held.

B. Rights of Bumping Employees.

Employees who are bumped may also have bumping rights as defined and covered under this Article.

C. Qualifications.

An employee may only bump to positions for which the Employer has determined s/he is qualified, that is, that the employee meets the essential qualifications and existing measurable, job related selection criterion as applied by the Department based on the duties currently assigned to the position.

D. Acceptance of Vacancies.

Before bumping, and in accordance with Article 5, Recruitment and Employment, Section 3A, an employee must take a vacant position for which the Employer has determined s/he is qualified in the same classification, Collegiate/Administrative Seniority Unit and immediate geographic area, within the applicable definition of layoff per Section 3A-D which provides the same salary. If such a vacancy is not accepted the employee will no longer be eligible to exercise bumping rights, but may have layoff list rights per Section 10, paragraph 2. The hiring department shall offer salary to the employee as provided in Section 11.

E. Acceptance of Bump.

An employee shall bump to any continuing position for which the Employer determines the employee is qualified, in the same classification and immediate geographic area per Section 6, and within the applicable definition of layoff per Section 3A-D or be placed on the layoff list (see Section 11).

F. Probationary Employee Limitations.

An employee only has bumping rights to classes in which s/he has passed probation in the Department.

An employee who has not passed probation in the abolished or reduced time position shall not have rights to bump. The employee may have rights to return to a previously held position as detailed in Article 7, Probationary Period, Section 6.

G. Rights in Temporary Positions.

Employees on temporary appointments are eligible for layoff rights only as specifically provided under this Article.

Employees on continuing appointments may not bump employees on Supplemental or Temporary appointments. Employees on continuing appointments may be reassigned to Supplemental or Temporary appointments only at the discretion of the Employer.

If an employee on a continuing appointment is reassigned into a posted or non-posted temporary position, the employee will retain the status of a continuing employee and will continue to accrue all seniority and maintain other contract rights of a continuing employee.

If an employee on a posted temporary appointment is reassigned into a non-posted temporary position, the employee will retain the status of a posted temporary employee and will continue to accrue all seniority and maintain other contract rights of a posted temporary employee.

After successful completion of probation, employees on temporary appointments whose appointments have been reduced or abolished or who are bumped due to the reassignment of a continuing employee shall not have bumping rights but shall have the right to be placed on the layoff list.

H. Layoff Right Retention.

In bumping, and in rehiring from the layoff list, employees may have to serve probation as required in Article 7, Probationary Period. However, in this bump or rehire situation, if the employee fails to pass probation, the employee shall be placed on the layoff list per Section 8, paragraph 2. This option may be exercised twice. Failure to pass probation a third time will exclude the employee from all rights to return to the layoff list. (See Article 7, Probationary Period.) A right to return to the layoff list is forfeited if an employee is discharged from the University for disciplinary reasons.

I. Retraction of Bump.

An employee who has elected to bump may not retract that election if the incumbent of the position into which the employee would bump has left the position prior to the effective date of the bump.

Section 8. Layoff Lists

The University shall maintain a list of all employees who have been laid off from their positions. Names shall be placed on the list by classification in order of University seniority or as mutually agreed. An employee's name shall be on the list for all classes in which the employee has served.

These conditions must be met before an employee's name is placed on the layoff list: 1) the employee must have received a written notice of layoff, or notice of failure to pass probation, per Section 7H; 2) the employee must submit an updated application to the appropriate Human Resources Department; and 3) the employee must request in writing to have his/her name placed on the layoff list per Section 7H and Article 5, Recruitment and Employment, Section 3A.

Section 9. Recall

In accordance with Article 5, Recruitment and Employment, Sections 3A and 3B, an employee on the layoff list must be recalled by the Department in which layoff occurred if the Department has a vacancy in the classification or a lower class in the related series and appointment type (temporary or continuing) from which the employee was laid off and for which the employee is qualified as determined by the Employer. When re-employed in the same class and lay off condition, the employee's name shall be removed from the layoff list.

After receiving the recall notice from the Department, the employee has seven (7) calendar days during which to indicate in writing to the Employer his/her intent to return; and twenty-one (21) additional calendar days to report to work. Failure to accept recall to a position shall constitute a resignation and the employee's name will be removed from the layoff list.

Section 10. Layoff List Rights

The employee's name shall remain on the layoff list for a period not to exceed two (2) years or three (3) years outside the seven (7) county metropolitan area, from the effective date of layoff, or until the employee has returned to work at the University within that time, unless the employee returns to a lower class or layoff condition from which s/he was laid off, in which case, the employee's name shall remain on the layoff list so s/he will be offered vacancies in the same class and Collegiate/Administrative Unit from which s/he was laid off for two (2) years from the date the employee's name was put on the layoff list. Once an employee is actually laid off, the employee may turn down reemployment to the first two (2) positions in the same class, immediate geographic area and within the applicable definition of layoff per Section 3A-D and appointment type (temporary or continuing) at a salary ninety (90) percent or more than the employee's salary at the time of layoff and still remain on the layoff list. The employee must accept the third position or have his/her name removed from the layoff list.

During the time between receiving notice and being laid off, an employee's name can be put on the layoff list at his/her written request per Section 8. During the time between receiving notice and being laid off, the employee who applies per Article 5, Recruitment and Employment, Section 3A, may turn down reemployment to the first two (2) positions as provided above (see Section 10). However, the employee must accept a vacancy per Section 7D, or the employee will no longer be eligible to exercise bumping rights. During this time, an employee may refuse a referral on a job interview and this shall not count as a turndown.

Employees have rehiring rights as specified in Article 5, Recruitment and Employment. Bargaining unit employees whose names are on the layoff list will be offered temporary positions, excluding temporary no-post positions, for which they are qualified, in University seniority order.

An employee's name may remain on the layoff list if s/he is re-employed in a position outside his/her applicable definition of layoff per Section 3 A-D and/or appointment type (temporary or continuing) or in a lower class as in Section 10, but this shall not extend the two year or three (3) year maximum. An employee who has exhausted his/her rights on the layoff list shall be considered as having resigned in good standing.

Section 11. Salary

An employee who is recalled or who bumps or is rehired from the layoff list to a position in the same class, in the same Department or Collegiate Administrative Unit, shall maintain the same salary as at the time of the layoff. When an employee bumps to a lower class, their salary shall be treated as a demoted employee in the Salary Article.

Section 12. Rights of Excluded Employees Entering the Bargaining Unit

Employees who have accepted positions outside the bargaining unit do not accrue seniority in the bargaining unit when employed in positions outside of the bargaining unit, but may retain prior seniority earned in the bargaining unit. Employees who are laid off from a position outside the bargaining unit shall have bumping rights into a position in this bargaining unit in a class or equivalent class in which the employee previously served or in a position for which the employee is determined to be qualified by the Employer only under the following conditions:

  1. The employee shall have exhausted all layoff rights within his/her own bargaining unit, or if not in a bargaining unit, within the applicable terms or conditions governing their employment. The employee may bump only in accordance with the applicable terms and conditions of his/her employment.
  2. The employee shall exercise rights to a vacancy in a class or equivalent class in which s/he has previously passed probation and for which there are no bargaining unit applicants prior to bumping in this bargaining unit.
  3. Bump.

    1. In order for a returning employee to exercise bumping rights into the bargaining unit, the employee must have greater seniority in the classification or equivalent classification than the employee who would be laid off.
    2. The employee may bump only into a position in the same Department or Collegiate/Administrative Seniority Unit where the layoff occurred. If the employee has less than two (2) years seniority in the Collegiate/Administrative Unit, s/he may bump in the same Department. If the employee has two (2) or more years seniority in the Collegiate/Administrative Unit, s/he may bump within the Collegiate/Administrative Unit.

Section 13. Benefit Eligibility for Laid Off Employees

Employees subject to layoff are eligible for benefits as specified under the terms and conditions of this Agreement (See Article 16, Vacation and Article 20, Insurance) and may be eligible for other benefits that may be offered to bargaining unit employees through special University programs to aid workers dislocated or in career transition due to layoff. (See Memorandum of Understanding on Alternatives to Layoff.)