Q:
How does the University decide whom to lay off?
A: When management decides that layoffs
are necessary in a specific unit, workers should be laid off in
order, from least seniority to most, within the same job title.
The unit within which seniority is determined is the layoff unit,
which can be as large as a school or small as a department or
even part of a department. On some campuses a list of these units
can be found on the campus Human Resources page, or you can contact
CUE to find out what these units are at Berkeley/OP. The only
circumstance that justifies an exception to this order is when
a worker in the unit has "special skills" necessary
to the department. If your department is planning to keep someone
on because of "special skills" please contact CUE immediately
so that a CUE steward can insure that this exception is not abused.
Your seniority is all the time you have worked at the university
-- in any career job titles -- without a break in service.
Q:
Can management ask me if I would like to be laid
off, even if I am not the least senior in my job title?
A: No, management should not ask you to
waive your seniority and take a layoff out of seniority order.
If this happens, contact CUE right away.
Q:
Does the University have to give notice to the
worker and the union before a layoff?
A: Yes. For temporary layoffs (120 days
or less), management shall give the worker 15 calendar days notice,
if feasible. For indefinite layoffs, management must give a worker
60 days’ notice if feasible and must give the worker no less
than 30 days’ notice. 30 days of the 60 days’ notice
may be paid in lieu of notice. Management should notify the union
at the same time as the worker of the upcoming layoff.
Q:
Can CUE-represented workers and CUE file a grievance
about a layoff?
A: Yes. If you think a layoff is happening
out of seniority order, or if special skills are being cited and
are not really “special” or if the layoff is being used
to disguise some other intent or is for some other reason (discipline,
discrimination), you should contact CUE. During the period when
CUE does not have a contract with the University, these grievances
are not arbitrable. During this period between contracts, however,
CUE can demand that UC management bargain alternatives to layoff,
and the effects of the layoff (such as workload for the employees
who remain).
Q:
How does the preferential rehire process work?
A: A non-probationary career employee who
is indefinitely laid off is eligible for preferential rehire.
In order to activate preferential rehire, the layoff letter must
be issued, and you need to meet with someone in Human Resources
to start the process. With preferential rehire, you can be rehired
at an active, vacant career position in the same bargaining unit
(CUE-represented), at the same campus, in a class with the same
or lower salary range maximum, and at the same or lesser percentage
of time as the position from which the employee was laid off.
Hiring departments must look at the application of qualified preferential
rehire candidates, and make a decision on whether to hire or not,
before any other candidates’ applications are reviewed.
Q:
How long am I eligible for preferential rehire?
A: The length of a worker's preferential
rehire status is determined by the worker's seniority at the University
at the time of the lay off, as shown in the chart below. Preferential
rehire can be exercised immediately after an employee receives
a layoff notice.
Years
of Seniority less than 5 5 - less than 10 10+
Pref. Rehire Status 1 year 2 years 3 years
Q:
What’s the difference between preferential
rehire and recall?
A: Recall applies only to the department
(or layoff unit) where the layoff occurred; preferential rehire
applies to a job in the same or lesser title and pay in any department
at the same University location (campus). In both cases, the employee
must be qualified to perform the duties of the position.
Q:
How long am I eligible for recall?
A: Employees who are eligible for recall
retain eligibility for three years from the date of the layoff.
Q:
I covered by my health plan when I am laid off?
A: If you are on temporary layoff status
you are covered by the health plan. If you are on indefinite layoff
status, you are not covered by the UC health plans, and must submit
a form to switch to COBRA. COBRA provides the same kind and level
of benefits as UC offers, but you pay the premiums out of pocket.
Q:
If I come back to work at the University after
my layoff will it count as a break in service?
A: If you return to work after being on
preferential rehire status, whether you are recalled, get a job
through the preferential rehire process, or simply find a new
UC job on your own, there is no break in service. However, seniority
and benefits only accrue while an employee is on pay status (i.e.
not laid off).
Q:
I am laid off do I get severance pay?
A: A department must offer severance pay
or preferential rehire and recall rights to an employee being
laid off indefinitely. It is your choice to take the pay or the
rehire/recall status. Employees with less than five years of service
receive two weeks or 10 workdays of severance. Employees with
five or more years of service receive five weeks or 25 workdays
of severance, plus one week of severance for each additional full
year of service up to a maximum of 15 weeks of severance.
