SEIU 925 Contract (Effective 7/1/13 - 6/30/15)
Article 17 - Seniority, Layoff, Rehire
Neither party will be bound by typographical errors, grammatical errors, or other instances of unintended error in this contract. Furthermore, the parties agree that any unintended changes to the contract language as a result of contract consolidation will not create new legal rights or responsibilities outside of the parties' specific intent. The parties reserve the right to correct any such mistakes or omissions by mutual agreement at any point during the life of the contract in order to preserve the original intent of the language.
Seniority is defined as the continuous length of service in calendar days with the University from the most recent date of hire. Service of less than full time shall be considered full time. Time spent on leave of absence without pay or on layoff shall not be included in computing seniority except for cyclic year positions, but does not constitute a break in service. Permanent employees who are veterans or their unmarried widows/widowers shall have added to their seniority the veteran's active military service to a maximum of five (5) years credit.
Seniority shall be lost following an employee's resignation, termination for cause, failure to return from a leave of absence, failure to accept two (2) full recall offers (offers for the same pay, FTE status and shift as the position from which the employee was laid off), or expiration of rehire rights.
Employees who enter into the bargaining unit from other positions at the University of Washington shall be credited with layoff seniority for all seniority earned in the State classified service while employed at the University. Employees who enter into the bargaining unit from other state agencies and institutions of higher education, shall earn layoff seniority from the first day of coverage under the collective bargaining agreement. Seniority for benefit accrual purposes shall include all time credited to the employee up to the date of entering into the bargaining unit. Unused sick and vacation leave credits of permanent status employees changing employment between bargaining unit and non-bargaining unit positions shall move with the employee.
- Layoff and Rehire. Whenever it becomes necessary for the University to reduce its workforce due to a lack of work, lack of funds or reorganization, the University shall use the following procedure in determining which employees shall be laid off. The University shall not lay off bargaining unit employees in lieu of disciplinary action. The University shall make a concerted effort to re-employ bargaining unit members on the rehire list. Bargaining unit members on the rehire list are eligible to take all Computing & Communications and Training & Development courses on a space available basis upon payment of designated fees.
Layoff. The University shall, with a copy to the Union, identify the positions to be abolished and the employee(s) to be effected and shall notify employees in these positions not less than twenty (20) working days prior to the abolishment of the positions, pay the employee in lieu of notice, or combine pay and notice. The notice shall include the effective date of the layoff and a reference to the employee's rights under this Article.
Applicable to the University-wide Nonsupervisory, Supervisory, and Health Care Professional/Laboratory Technical bargaining units:
Impacted employees will have the opportunity to replace the most junior employee within the layoff/seniority unit in an FTE status within. 2 FTE of the FTE status of the person in the position being abolished (e. g.. 8 FTE position being abolished incumbent eligible to replace individual in a. 6-1.0 FTE position) and in the same classification as the individual(s) whose position(s) is being abolished and if the individual whose position is being abolished possesses the essential skills (defined as the minimum qualifications listed in the job description for the classification and any specific position requirements) to perform the most junior employee's position. If there is no opportunity for the person in the position being abolished to replace another employee within. 2 FTE and within the layoff/seniority unit, the employee shall have a right to bump the most junior employee in a position with a lower FTE status than their own within the layoff/seniority unit.
In accordance with the above, if the incumbent in a position to be abolished has an opportunity to replace the most junior employee within the layoff/seniority unit, the incumbent will be given up to three (3) working days to determine if he/she wants to replace the junior employee or be placed on the rehire list. Vacant positions within the layoff/seniority unit will be considered a more junior position than any occupied by an incumbent. Employees shall have no bumping rights per Article 17 within six (6) months from the effective date of a Final Counseling action plan.
Applicable to the Research Technologist and Research Technologist Supervisor bargaining units:
In a given class within a lab group, layoff shall be by seniority, least senior person first as long as the remaining employees possess the essential skills (defined as the minimum qualifications listed in the job description for the classification and any specific position requirements) to perform the necessary work.
The least senior employee in a classification shall have the right to replace the junior employee in a lower classification in series if the employee being laid off possesses the essential skills as defined above to perform the necessary duties, and the employee to be replaced is in the lab group and has less seniority. If more than one (1) bumping option exists, the classification in the pay range closest to the position be abolished will be used.
The opportunity to replace a junior employee within the lab group will require an FTE status within. 2FTE of the FTE status of the person in the position being abolished (e. g. if a. 8FTE position is being abolished the incumbent is eligible to replace an individual in a. 6 - 1.0FTE position). If there is no opportunity for the person in the position being abolished to replace another employee within. 2FTE, s/he shall have the right to bump junior employees with a lower FTE status than their own, subject to the provisions herein. Employees shall have no bumping rights per Article 17 within six (6) months from the effective date of a Final Counseling action plan.
In accordance with the above, the incumbent in a position to be abolished will be given up to three (3) working days to determine if s/he wants to exercise his/her bumping rights.
- FTE Increase or Reduction. An employee in a position that is not abolished but is increased or reduced in FTE status and who will remain benefit eligible after the increase or reduction will have the choice of staying in the increased or reduced position and going on the rehire list for the position and FTE status held by the employee immediately prior to the increase or reduction or exercising available layoff rights under 17.2(b). The employee must exercise this choice within three (3) working days of the increase or reduction notice.
Rehire. Employees identified for layoff will be placed on an eligible rehire list(s) designated by the employee for twenty four (24) months. In addition to the rehire list for the classification and FTE status from which the employee was laid off, employees identified for layoff may be on the following rehire lists:
The University will refer an employee from the designated rehire list(s) for any open positions in the bargaining unit for which the laid off employee possesses the essential skills. Employees referred from the rehire list(s) who possess the essential skills needed for a vacant position will be offered the position prior to the University offering it to any other applicant. The two (2) most senior employees on a rehire list(s) who possess the essential skills needed for a vacant position will be advised that they are being referred and the Employer will offer the position to either of those employees. Job requests for positions for which there are employees on rehire list(s) may not be withdrawn solely to avoid hiring laid-off employees.
- For positions of a lower FTE status in the classification from which the employee was laid off;
- For positions in other classifications in which the employee previously held permanent status; and,
- Lower classes in a series under 1 and 2 above.
The Employer shall provide copies of rehire lists to the Union on a quarterly basis, or more frequently pursuant to a request by the Union.
- Rehire Trial Period. Employees placed into vacant positions from the rehire list will serve a three (3) month rehire trial period. During the rehire trial period either party may, at its sole discretion and without resort to the grievance procedure, initiate return to the rehire list. Time spent in a rehire trial period will not count toward the twenty four (24) month rehire list period. The three (3) month rehire trial period will be adjusted to reflect any paid or unpaid leave taken during the period.
Removal from List. Removal from the rehire list(s) will occur for any of the following circumstances:
- If placement does not occur within twenty four (24) months,
- If the employee refuses two (2) offers of placement for a position having the same pay, FTE status and shift as the position from which the employee was laid off,
- If the employee was placed into two (2) vacant positions for which the employee has failed to complete the rehire trial period,
- If the employee accepts any offer of placement from any rehire list and completes the rehire trial service period,
- Employees who reject one (1) offer of placement from a list for a position of a lower FTE status than that which the employee held immediately prior to layoff will be removed from that list,
- Employees who reject one (1) offer of placement from a list for a position in a classification other than that from which the employee was laid off will be removed from that list.
- Benefits and Temporary Services. Employees on the rehire list who follow the rules prescribed by Temporary Services will be given priority to referral to temporary positions and can receive employer paid health benefit coverage if they meet the eligibility requirements as determined by the state.
Rehire Wages and Increment Date. When employees are rehired from layoff status the periodic increment date and annual leave accrual date will be re-established and extended by an amount of time in calendar days equal to the period of time spent on the rehire list prior to rehire.
Employees placed from the rehire list into positions with the same salary range held at the time of layoff shall be placed at the same step in the range held at the time of layoff. Employees placed from the rehire list into positions with a lower salary range than held at the time of layoff shall be placed in a salary step nearest to, but not in excess of, the salary held at time of layoff.
- Rehire List Crossover. Employees within an SEIU Local 925 represented bargaining unit may, in accordance with this Article, be placed on the rehire list for positions in another SEIU Local 925 represented bargaining unit.
17.3 Affirmative action goals may be considered at any point during the layoff or rehire process.