Technical Unit Layoff Article Resource Information
The following material provides key information regarding Article 16, Layoff and Reduction in Time in the UC-UPTE Agreement covering Technical Unit employees. Please remember to read the contract article in its entirety when you are considering a layoff or reduction in time. Remember to contact your Department Personnel Manager or Employee Relations Specialist as soon as you believe a layoff may be necessary. The list of Employee Relations Specialists is on the web at http://hrweb.berkeley.edu/about/erservices.htm.
Deciding Who To Layoff
- Employees are laid off in inverse order of seniority.
- You may retain a less senior employee on the basis of special skills.
When The Decision To Layoff Is Made
- Complete Attachment A, Information Regarding Layoffs, and forward to your Employee Relations Specialist.
Notice Of A Layoff
- A letter noticing the employee of the effective date of the layoff must be sent to the employee and UPTE.
- If you are going to do an out-of-seniority layoff, you must notify UPTE, in writing, prior to the layoff date stating the special knowledge, skills and abilities that support the retention of the less senior employee.
- Sixty (60) days advance notice of a layoff should be given, if feasible.
- Thirty (30) days minimum advance notice must be given; however, up to 30 days of the 30-day period may be pay in lieu of notice.
Model Letters
| Type Of Layoff Action | Entitlement | Model Layoff Letters |
| indefinite layoff—less than five years of service | severance OR 1 year recall and preferential rehire | Letter No. 1 |
| indefinite layoff—5 or more years of service | severance OR reduced severance with recall and preferential rehire | Letter No. 2 |
| indefinite reduction in appointment rate or reassignment to partial-year position | Severance proportional to reduction in time OR recall and preferential rehire | Letter No. 3 |
Years of Eligibility for Recall and Preferential Rehire
| Years of Service | Recall | Preference |
| Less than 5 years | 1 year | 1 year |
| Five years up to 10 years | 2 years | 2 years |
| 10 or more years | 3 years | 3 years |
Severance-Rights and Responsibilities
- Employees are given 14 calendar days to elect severance. The decision to elect severance is irrevocable during the term of the contract.
- The department must notify UPTE of the employee’s election of severance or reduced severance.
Severance Only Calculations
- One week of salary (5 work days based on 8 hour days) for each year of service from the most recent break in service up to a maximum of 16 weeks.
- For reduction in time, the amount of severance is prorated based upon the percentage of the reduction in the employee’s appointment.
Reduced Severance - (with Recall and Preference) - Use this Chart to Calculate Severance
| Less than 5 years service | Not eligible for this option |
| 5 or more years service | 4 weeks severance based on an 8 hour day |
| 13 or more years service | 8 weeks severance based on an 8 hour day |
Severance Payback
- All employees rehired to a career position before the expiration of the number of weeks for which the employee has received severance payments are required to pay back the remaining severance amounts as a condition of employment. [Contact Labor Relations for instructions as soon as the decision to rehire is made.]
- The repayment will be on a proportional basis if the position to which the employee is rehired is at a different percentage than the original appointment
Attachments to Layoff Letter
- For Proof of Service Forms and instructions see http://hrweb.berkeley.edu/forms/proofservice.htm
- To download copies of the Unemployment Insurance Booklet see http://www.edd.ca.gov/uirep/de1275a.pdf
Send copies of Layoff Letters and Option Election Forms to UPTE with a Proof of Service Form
- For UPTE’s address see: http://hrweb.berkeley.edu/labor/unions.htm.