Layoff considerations

Scott's picture

This information came out of the DHS Sublocal. With layoffs coming, this is probably good information to be familiar with.


FACTORS TO CONSIDER WHEN MAKING LAYOFF CHOICES
 
An employee who receives a layoff notice, should immediately take these steps:
 
·         Contact their steward
·         Look carefully at the seniority list
·         Look carefully at the vacancy list
 
The employee will have only 7 days to make their choice(s) in writing. A steward cannot advise the employee which choice to make, however, they can tell them what their options are under Articles 70 and 70.1M (also 51 for limited duration positions) in the contract. (The 2005-07 Contract may be found at http://egov.oregon.gov/DAS/HR/CBAs.shtml or www.seiu503.org).
 
First choice – geographic area Article 70.1M:
  • Worksite (physical address where employee works (includes satellite offices)
  • Service Delivery Area where employee works (note Sublocals 17 & 18 are in SDA 3 and 19 is in SDA 2)
  • Any SDA in the state (but only into a vacancy, and employee will not be placed on the agency layoff list in their classification)
 
Second Choice – Options The employee may want to select just one option or prioritize options. Options 1 through 4 may be prioritized (Article 70 Section 2 (d) (1) to (4)), but either option 5 or 6 (Article 70.1M ) may not. All of the following are in DHS:
 
Option 1: The employee may displace the employee with the lowest seniority in the same classification for which they are qualified in the same geographic area where the layoff occurs (remember vacancies are the lowest seniority)
 
Option 2: If no position is accessible under option 1, the employee may displace the employee 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 predecessor classifications), or,
If this choice is not available to the employee, the employee may move into a vacant position in the classifications with the same salary range that the agency intends to fill in the same geographic area (that would be anything on the vacancy list)
 
Option 3: The employee may identify and prioritize up to 3 classifications in lower salary ranges for which they are qualified in the 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. Employees who elect to demote shall be placed on any geographic area layoff list of their choice within the agency for the classification from which they were laid off.
 
Option 4: The employee may elect to be laid off. An employee that elects to be laid off shall be placed on any geographic area layoff list of their choice within the agency for the classification from which they were laid off.
 
Option 5: Within the SDA, an employee may move into a vacant position which DHS intends to fill in a different classification within the same salary range for which the employee qualifies (this differs from Option 2 in that it doesn’t matter whether option 1 is available or not or the employee held a former job or not) – they will not be placed on any geographic layoff list for the classification from which they were being laid off.
 
Option 6: Anywhere in the state, within the DHS Non-Institutions Coalition, an employee may move into a vacant position which DHS intends to fill, in the same or lower classification, for which the employee qualifies. They also will not be placed on placed on any geographic layoff list for the classification from which they were being laid off.
 
Qualifications for Options 1-3, 5, 6 – Employee must:
 
  • Meet the minimum qualifications of the position’s class
  • Be capable of performing the specific requirements of the position within a reasonable time (orientation period of 30 calendar days)
 
If these cannot be met in the lowest seniority position, they may displace or demote to the next seniority position in the class provided the incumbent has less seniority.
 
These are determined by HR at the time they place the employee into a position. It isn’t a case where the employee has a 30 day trial service period.
 
If the employee is laid off, depending on their option selection(s), they may be placed on the following layoff lists:
  • Agency: employee may designate in writing the geographic area layoff list(s) on which they wish to be placed
  • Secondary: employee may designate in writing the agencies and geographic areas in which they would accept a position
 
Recall Rights:
  • Agency:
    • Employees shall be recalled by geographic area in seniority order beginning with the employee with the greatest seniority
    • If an employee is certified from a layoff list and is offered a position in the geographic area from which they were laid off or demoted, they shall have 1 right of refusal. A second refusal will remove their name from the list.
  • Secondary:
    • After exhausting the agency layoff lists for a specific classification, the secondary recall list may be used to fill all positions in a specific class and geographic area
    • Employee must meet minimum and special qualifications for the position and class
    • If an employee is certified from the layoff list and is offered a position, but refuses, their name will be removed from the secondary recall list.
 
Unemployment: This is determined by the Employment Department on a case by case basis. A rule of thumb is that if you have any opportunity to keep a job, and you choose to be laid off, your unemployment benefits may be in jeopardy.
__________________

Scott
—————
"An intractable problem can only be resolved by stepping beyond conventional solutions." — Ozymandias

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