Article 17 - Layoff and Recall 2021-23 contract

Section 1. Definition of Layoff. An Appointing Authority may layoff an employee by reason of abolition of the position, shortage of work or funds, or other reasons outside the employee's control, not reflecting discredit on the service of the employee. For a full-time employee, a layoff occurs when their hours of work are reduced for a period of longer than ten (10) consecutive working days. However, full-time classified employees who have requested and have been authorized to work less than full-time shall not be deemed to have been laid off. 

Upon layoff, eligible employees are paid per Article 10, Section 6 (Vacation Transfer and Liquidation) and Article 13 (Severance Pay). 

Section 2. Labor-Management Cooperation. Whenever an Appointing Authority initiates a planning process or management study which is anticipated to result in layoff, the Appointing Authority will meet and confer with the Association during the decision planning phase and again during the implementation planning phase. The Appointing Authority and the Association shall enter into negotiations regarding a Memorandum of Understanding (MOU) upon the request of either party to modify this Agreement regarding the implementation phase which shall include, but are not limited to, the following: 

  • length of layoff notice 

  • job and retraining opportunities 

  • alternative placement methods 

  • early retirement options under Minn. Stat. 43A.24, Subd. 2(i) 

  • voluntary layoff provisions of Section 3(A) of this Article 

  • voluntary reduction in hours provisions of Article 29 of this Agreement 

  • employee assistance program will be made available to all affected employees 

  • other methods of mitigating layoffs or their effect on employees. 

Upon request, and when possible, an Appointing Authority shall meet and confer with the Association when it has determined that layoffs will be made for budgetary reasons. 

Section 3. Permanent Layoff. 

  1. Layoff Procedures. 

  1. Determination of Position(s). The Appointing Authority shall determine the position(s) in the class, or class option, if one exists, and employment condition and work location which is to be eliminated. 

Provisional and emergency employees shall be terminated before any layoff of probationary or permanent employees in the same class/class option, employment condition and geographic location/principal place of employment. Provisional employees shall be separated in inverse order of the date of their provisional appointments. 

  1. Advance Notice. In the event a layoff in the classified service of seniority unit employees becomes necessary, the Appointing Authority shall notify the Association Executive Director of the classification(s), number of positions, and the employment condition(s) to be eliminated thirty (30) calendar days whenever practicable, but at least twenty-one (21) calendar days prior to the effective date of the anticipated layoff. At least twenty-one (21) calendar days prior to the effective date of the layoff, the Appointing Authority shall give written notice of the layoff, including the reason(s) therefore, estimated length of the layoff period and layoff options available to all employee(s) scheduled to be laid off. Copies of all layoff notices shall be concurrently sent to the Association Executive Director. 

The Appointing Authority may establish a date, up to seven (7) days prior to the effective date of the layoff, by which employees must choose the layoff option they will exercise. This date shall be indicated in the written notice of layoff. 

  1. Layoff Notification. Layoffs which are necessary shall be on the basis of inverse classification seniority within the class/class option, employment condition (full-time unlimited, part-time unlimited, seasonal full-time, seasonal part-time, or intermittent), and geographic area (within thirty-five [35] miles of the work location) of the position to be eliminated. The Appointing Authority shall send a layoff notice to the employee within the position to be eliminated. 

At the Appointing Authority’s discretion, an employee under notice of permanent layoff may continue in payroll status for up to eighty (80) hours of paid leave. Such leave shall not extend beyond the date of layoff and shall not be subject to the Application and Reinstatement Sections of Article 14, Leaves of Absence. 

Prior to the implementation of a layoff, the Employer and the Association may mutually agree to a Memorandum of Understanding (MOU) providing for the voluntary layoff of employees with more classification seniority in lieu of those less senior employees who would otherwise be laid off. A more senior employee requesting layoff under this provision shall not be unreasonably denied consideration to be laid off by the Appointing Authority. 

  1. Layoff Options. 

The following provisions are all subject to the conditions for bumping or accepting vacancies which are contained in Section 3(B). Also see Appendix N - Layoff Flowchart 

  1. The employee(s) receiving notice of layoff shall be placed in a vacancy in the same seniority unit, same class (or class option or another option within that class for which the employee is determined by the Employer to be qualified) and same employment condition within thirty-five (35) miles of the employee's current work location. If there is no such vacancy, the employee shall either: 

  1. Bump the least senior employee in the same seniority unit, same class (or class option or another option within that class for which the employee is determined by the Employer to be qualified) and same employment condition within thirty-five (35) miles of the employee’s current work location; or 

  1. Accept a vacancy in the same seniority unit in an equal class in which the employee previously served or for which the employee is determined by the Employer to be qualified and in the same employment condition within thirty-five (35) miles of the employee's current work location. 

Employees who have elected not to bump under "1" above and who have not been offered "2" shall be laid off. 

  1. If neither of the preceding is available the employee may choose to be laid off, or the employee may choose one of the following options. 

OPTIONS WITHIN THIRTY-FIVE (35) MILES OF THE EMPLOYEE'S CURRENT WORK LOCATION: 

  1. Bump the least senior employee in an equal or lower class or class option in which the employee previously served. 

  1. Accept a vacancy in a lower class or class option in which the employee previously served or for which the employee is determined to be qualified by the Employer. 

  1. Bump any employee on a temporary appointment in the same class who has more than thirty (30) calendar days remaining on such temporary appointment. The temporary employee so bumped shall be separated. 

  1. For unlimited full-time employees, bump the least senior employee or accept a vacancy in the same class in the unlimited part-time employment condition. 

  1. For unlimited part-time employees, bump the least senior employee or accept a vacancy in the same class in the unlimited full-time employment condition. 

OPTIONS MORE THAN THIRTY-FIVE (35) MILES FROM THE EMPLOYEE'S CURRENT WORK LOCATION: 

  1. Accept a vacancy in the same or an equal or lower class or class option in which the employee previously served or for which the employee is determined to be qualified by the Employer. 

  1. Bump the least senior employee in the same or an equal or lower class or class option in which the employee previously served. 

If none of these options are available, the employee shall be laid off. 

When two (2) or more employees in the same class/class option, seniority unit and employment condition are being simultaneously laid off, the Association and the Appointing Authority may mutually agree to selection of layoff options among the affected employees. 

An employee who has the option to fill a vacancy may exercise that option only if there are no interest bidders for the position or if the Appointing Authority rejects the interest bidders pursuant to Article 16, Section 4. If an interest bidder is selected for the vacancy, the Appointing Authority may determine to fill the resulting vacancy by layoff option without posting the vacancy as required under Article 16 of this Agreement. 

  1. Claiming. If the options in Section 3(A)(4)(a) are not available, an employee may request to transfer or demote to a non-temporary classified vacancy within another seniority unit in the same, transferable or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer. The receiving Appointing Authority shall determine if the employee is qualified for the position and, if so, shall not unreasonably deny the request. 

Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation shall be paid to the employee until the end of the claiming period. In addition, the employee's name shall not be placed on any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, the employee may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance or vacation liquidation and the employee will be eligible for placement on appropriate layoff lists. 

Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill. If an employee fails to accept an offer of a position in the same or a transferable class following their claim within thirty-five (35) miles of their current work location, the employee is no longer eligible to claim. 

Employees who claim and fill vacancies under this provision may return to their previous layoff status at any time during the twenty-one (21) calendar days following the appointment to the claimed position. If an employee returns to a layoff status during the trial period, time spent in the trial period shall be deducted from any remaining claiming status days the employee had at the time of the appointment to the claimed position. 

If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority may place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Such leave shall not exceed fourteen (14) days following the end of the employee's claiming period or layoff date, whichever is later unless upon mutual agreement of the Appointing Authorities. Vacation leave for this purpose shall not be subject to Article 10, Section 3 (Vacation Period). 

Employees who transfer to another seniority unit under this provision and who do not successfully complete the probationary period shall be placed on layoff from their original seniority unit, class/class option, employment condition and location. Such employees are not subject to Section 3, A-D, but shall become eligible to be placed on layoff lists in accordance with Section 3E on the effective date of their non-certification. 

  1. Conditions for Bumping or Accepting Vacancies. The following shall govern bumping and accepting vacancies pursuant to Section 3(A)(4): 

  1. In all cases, the employee exercising an option is restricted to those positions within the same seniority unit and, except in options 4b, (3), (4), and (5), the same employment condition. 

  1. In all cases of bumping, the employee exercising bumping rights must have greater Classification Seniority in the class/class option into which the employee is bumping than the employee who is to be bumped and in the case of a class option, must have either served in the class option or have been determined to be qualified for the class option by the Employer. 

  1. An employee who does not have sufficient Classification Seniority to bump into a previously held class shall not forfeit the right to exercise Classification Seniority to bump into the next previously held class/class option in the same seniority unit. 

  1. When a vacancy exists in a class/class option into which the employee has a right to bump, the employee must accept the vacancy prior to exercising the option to bump except that if the option to bump is to a lower class/class option within thirty-five (35) miles and the vacancy in that class is more than thirty-five (35) miles, then the employee is not required to accept the vacancy. 

  1. If more than one employee opts to fill a vacancy or bump another employee, the employee with the greater Classification Seniority shall have priority in exercising that layoff option. 

  1. Junior/Senior Plans. When layoffs take place in the senior class of a Junior/Senior Plan and the employee demotes or bumps to the junior class as provided in the layoff procedure, the junior position shall simultaneously be reallocated to the senior class, provided that the employee is qualified for the reallocation under the terms of the Junior/Senior Plan. 

  1. Return to the Bargaining Unit through Outside Layoff. Employees who have accepted an equally or higher paid position excluded from this bargaining unit shall be permitted to return to the bargaining unit upon layoff under the following conditions: 

  1. The employee must exhaust all of the layoff options available under any existing layoff procedure which covers them for purposes of layoff. 

  1. If no such options exist, the employee returning to the bargaining unit may exercise the options listed in Section 3(A)(4) above under the conditions described in Section 3(B). 

  1. Before an employee shall be permitted to exercise a bumping option into a previously held class, that employee must first accept a vacancy for which the Employer has determined the employee to be qualified, within the same geographic restriction (within thirty-five [35] miles or over thirty-five [35] miles respectively), seniority unit, and pay range as the position to which the employee desires to bump. 

  1. Layoff List. 

  1. Seniority Unit Layoff List. The names of employees who have been laid off or who have demoted in lieu of layoff or as a result of reallocation shall be automatically placed on a seniority unit layoff list for the seniority unit, class, geographic location and employment condition from which they were laid off or demoted in the order of their classification seniority. Employees may also indicate in writing, on a document provided by the Appointing Authority, other geographic locations for which they are available. Employees may change their availability by notifying Minnesota Management and Budget in writing. Names shall be retained on the seniority unit layoff list for a minimum of one (1) year or a period of time equal to the employee's state seniority, to a maximum of four (4) years. 

Employees who are laid off or demoted in lieu of layoff may designate, in writing, other bargaining unit classes in which they previously served which are equal to or lower than the class from which they were laid off or demoted. Employees shall then be placed on the seniority unit layoff list in order of classification seniority in each class. 

  1. Department Layoff List. (For the Department of Corrections, Department of Human Services, and Minnesota State.) Upon request, the names of such employees shall also be placed on a department layoff list (if applicable) for the department, classification/class option and employment condition from which they were laid off or demoted in lieu of layoff in the order of classification seniority. Names shall be retained on the department layoff list for a minimum of one (1) year or a period of time equal to the employee's state seniority to a maximum of four (4) years. 

When an employee's name is placed on the department layoff list, the employee shall indicate in writing the seniority unit(s) within the department for which they would accept recall. The employee may change their availability by notifying Minnesota Management and Budget in writing. 

  1. Bargaining Unit Layoff List/Same Classification. Upon request, the names of such employees shall also be placed on a bargaining unit layoff list/same classification for the bargaining unit, classification/class option and employment condition from which they were laid off or demoted in lieu of layoff or as a result of reallocation in the order of Classification Seniority. Names shall be retained on the bargaining unit layoff list for a minimum of one (1) year or for a period of time equal to the employee's state seniority to a maximum of four (4) years. 

When an employee's name is placed on the bargaining unit layoff list/same classification, the employee shall indicate in writing the seniority unit(s) and the geographic location(s) for which they would accept recall. The employee may change their availability by notifying Minnesota Management and Budget in writing. 

  1. Bargaining Unit Layoff List/Other Job Classifications. An employee who is laid off or demoted in lieu of layoff may also designate in writing other transferable or lower bargaining unit classification(s)/class option(s) in which they previously served and shall then be placed on the bargaining unit layoff list/other job classifications in order of classification seniority in each classification. The names shall remain on the list for a minimum of one (1) year or for a period of time equal to the employee's State Seniority to a maximum of four (4) years. 

When an employee's name is placed on the bargaining unit layoff list/other classifications, the employee shall indicate in writing the seniority unit(s) and the geographic location(s) for which they would accept recall. The employee may change their availability by notifying Minnesota Management and Budget in writing. 

  1. Recall. Employees shall be recalled from layoff in the order in which their names appear on the layoff list(s) as provided in Section 3(E) of this Article and provided that the employee being recalled is capable of performing the duties of the position. For recall from the Seniority Unit Layoff List, also see Article 16, Section 4A. 

An employee shall be notified of recall by personal notice, mail (return receipt required), or e-mail (employee’s e-mail response required) sent to the employee's last known address (or e-mail address) at least fifteen (15) calendar days prior to the reporting date. An Appointing Authority shall notify employee by email only if the employee has approved of this method of notice in writing. The employee shall notify the Appointing Authority by certified mail (return receipt required) or e-mail within five (5) calendar days of receipt of notification of intent to return to work and shall report to work on the reporting date unless other arrangements are made. It shall be the employee's responsibility to keep the Appointing Authority informed of their current address, and e-mail address, if applicable. 

  1. Removal from Layoff Lists. Employees shall be removed from all layoff lists for any of the following reasons: 

  1. Recall to a permanent position from the seniority unit or bargaining unit/same class layoff list. An employee who is recalled to a seniority unit other than the one from which they were laid off, who does not successfully complete the probationary period, shall be restored to the seniority unit layoff list for the remainder of the time period originally provided in Section 3(E). 

  1. Failure to accept recall to a position which meets the availabilities specified by the employee except that the employee shall remain on the seniority unit and bargaining unit layoff list(s) for former classes in a higher salary range than the class to which the employee refused recall. 

  1. Appointment to a permanent position in a class which is equal to or higher than the one for which the employee is on the layoff list(s). An employee who does not successfully complete the probationary period shall be restored to the seniority unit layoff list for the remainder of the time period originally provided in Section 3(E). 

  1. Resignation, retirement, or termination. 

Section 4. Seasonal Layoff. 

  1. Layoff Procedure. 

  1. Determination of Position(s). The Appointing Authority shall determine the position(s) in the class or class option, if one exists, employment condition and principal place of employment which is affected. 

  1. Advance Notice. The Appointing Authority shall notify the Association President of the classification(s), number of positions, and the employment condition(s) to be seasonally laid off twenty-one (21) calendar days whenever practical but at least fourteen (14) calendar days prior to the effective date of the anticipated layoff. At least fourteen (14) calendar days prior to the effective date of the layoff, the Appointing Authority shall give written notice of the layoff, including the estimated length of the layoff period, to all employee about to be laid off. 

  1. Layoff Order. Seasonal employees shall be laid off in inverse order of classification seniority within the principal place of employment of the position(s) to be eliminated unless waived by mutual agreement between the employee and the Appointing Authority. 

  1. Record of Employees on Seasonal Layoff. Each Appointing Authority shall maintain its own record of employees on seasonal layoff for recall purposes. 

  1. Recall from Seasonal Layoff. Seasonal employees shall be recalled in the order of classification seniority to the seniority unit, employment condition, and principal place of employment from which they were laid off. 

An employee on seasonal layoff shall be notified of recall by personal notification, certified mail (return receipt required), or e-mail (employee’s e-mail response required), sent to the employee's last known address (or e-mail address), at least fifteen (15) calendar days prior to the reporting date. An Appointing Authority shall notify employee by email only if the employee has approved of this method of notice in writing. The employee shall notify the Appointing Authority by certified mail (return receipt required) or e-mail within five (5) calendar days of receipt of notification of intent to return to work and shall report for work on the reporting date unless other arrangements are made. It shall be the employee's responsibility to keep the Appointing Authority informed of the employee's current address and e-mail address, if applicable. 

  1. Removal from the Seasonal Layoff Record. Seasonal employees shall be removed from the seasonal layoff record for any of the following reasons: 

  1. failure to accept recall to a seasonal position; 

  1. resignation, retirement, or termination from State service; 

  1. acceptance of a full-time or part-time unlimited position in the same or equal class. 

Section 5. Exclusions. The provisions of this Article shall not apply to unclassified employees. 

Section 6. Limited Interruptions of Employment. Any interruption in employment not in excess of ten (10) consecutive working days because of adverse weather conditions, shortage of material or equipment, or for other unexpected or unusual reasons shall not be considered a layoff. In the event limited interruptions of employment occur, full-time employees shall, upon request, be entitled to an advance of hours in order to provide the employees with up to eighty (80) hours of earnings for a pay period. An advance of hours shall be allowed up to the maximum number of hours of an employee's accumulated and unused vacation leave. If an employee elects to draw such advances, the employee shall not be permitted to reduce their vacation accumulation below the total hours advanced. However, no employee after the first six (6) months of continuous service shall be denied the right to use vacation time during a limited interruption of employment as long as vacation hours accrued exceed the hours that the employee has been advanced under this Section. With the approval of the employee's supervisor, the employee shall have the right to make up the hours. 

On the payroll period ending closest to November 1 of each year, all employees who have received such advances and have not worked sufficient overtime hours to reduce the advances to zero (0) will have their advance reduced to zero (0) by reduction of the employee's accumulated and unused vacation leave. 

Section 7. Subcontracting. In the event the Appointing Authority finds it necessary to subcontract out work now being performed by employees that results in a layoff of employees, the Association shall be notified no less than thirty (30) calendar days in advance. During this thirty (30) day period, the Appointing Authority shall upon request meet with the Association and discuss ways and means of minimizing any impact the subcontracting may have on the employees.