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Table of Contents
ARTICLE 13
LAYOFF AND REEMPLOYMENT
13.1 Layoff and Reemployment
a. Application
Whenever it is necessary because of a lack of work or funds, or whenever it is
advisable in the interest of economy to reduce the number of permanent and/or
probationary employees (hereinafter known as “employees”) in any State agency,
the State may lay off employees pursuant to this Section.
b.
Order of Layoff
Employees shall be laid off in order of seniority pursuant to Government Code
Sections 19997.2 through 19997.7 and applicable State Personnel Board and
Department of Personnel Administration rules.
c.
Notice
Employees compensated on a monthly basis shall be notified 30 calendar days in
advance of the effective date of layoff. Where notices are mailed, the
30-calendar-day time period will begin to run on date of mailing of the notice.
The State agrees to notify PECG no later than 30 calendar days prior to the
actual date of layoff.
d.
Transfer or Demotion in Lieu of Layoff
The State may offer affected employees a transfer or a demotion in lieu of
layoff pursuant to Government Code Sections 19997.8 through 19997.10 and
applicable Department of Personnel Administration rules. If an employee refuses
a transfer or demotion, the employee shall be laid off.
e.
Reemployment
In accordance with Government Code Sections 19997.11 and 19997.12, the State
shall establish a reemployment list by class for all employees who are laid off.
Such lists shall take precedence over all other types of employment lists for
the classes in which employees were laid off. Employees shall be certified from
department or subdivisional reemployment lists in
accordance with Section 19056 of the Government Code.
f.
State Service Credit for Layoff Purposes
In determining seniority scores, one point shall be allowed for each qualifying
monthly pay period of full-time State service regardless of when such service
occurred. A pay period in which a full-time employee works eleven or more days
will be considered a qualifying pay period except that when an absence from
State service resulting from a temporary or permanent separation for more than
eleven consecutive working days falls into two consecutive qualifying pay
periods, the second pay period shall be disqualified.
g.
Departments filling vacancies shall offer positions to employees facing layoff,
demotion in lieu of layoff or mandatory geographic transfer who
meet
the minimum qualifications for the vacancy being filled, provided that the
vacancy is equivalent in salary and responsibility and in the same geographic
area and bargaining unit.
h.
Any dispute regarding the interpretation or application of any portion of this
layoff provision shall be resolved solely through the procedures established in
Government Code section 19997.14. The hearing officer’s decision shall be final
and upon its issuance the Department of Personnel Administration (DPA) shall
adopt the hearing officer’s decision as its own. In the event that either the
employee(s) or appointing power seeks judicial review of the decision pursuant
to Government Code section 19815.8, DPA, in responding thereto, shall not be
precluded from making arguments of fact or law that are contrary to those set
forth in the decision.
13.2 Mitigation
Section 4.10 of the Budget Act recognizes that the Budget Bill approved by the
Senate does not provide funds for employee compensation increases that may
become effective during the 2003-04 fiscal year, and
grants the Director of Finance authority to reduce and reallocate appropriations
in the Budget Act in order to ensure the integrity of the 2003 Budget.
The savings achieved in employee compensation for fiscal year (FY) 03/04 that
have been agreed to by the parties shall first be applied to mitigate layoffs
during FY 03/04 for Bargaining Unit 9, consistent with the provisions of Section
4.10 of the Budget Act of 2003.
In applying these savings, the following principles will govern: (a.) It is
understood that these savings will not be applied to any program reductions
beyond the requirements of Section 4.10 and (b.) PECG understands that this provision does not obligate the employer to retain
any position that is not supported by the work to be done or the organizational
structure of the affected State agency.
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