CX Letter #3: Transfer from Career to Non-Career Position (Word)

Labor Relations

• The following material provides key information regarding Article 13, Layoff and Reduction in Time in the UC-CUE Agreement covering Clerical Unit employees. The Article covers temporary and indefinite layoffs and reductions in time.

  Please remember to read the entire contract article when you are considering a layoff or reduction in time, and contact your Department Human Resources Manager or Employee Relations Consultant as soon as you believe a layoff may be necessary.

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  Click on the appropriate item for more information.

  Temporary Layoffs

  A temporary layoff is a layoff in which the University specifies a date for return to work of not more than 4 months (120 calendar days). Temporary reduction in time is an action whereby the employee's appointment rate is reduced for a period of not more than 4 months (120 calendar days).

  Seniority does not apply in the selection of employees chosen for a temporary layoff. Employees who are subject to a temporary layoff do not have preferential rehire rights or recall rights, and do not have the option to receive severance pay.

  Please use the temporary layoff model letter  (Word) or temporary reduction in time model letter  (Word) to provide notice to employees. Please be sure to review the explanatory notes that follow each model letter for details about notice requirements, benefits, return to work considerations, attachments and other important information.

  Indefinite Layoffs

  Click on any of the following items for more information.

  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 that cannot be learned in less than six (6) months and are necessary to perform the functions of the job.
  • You may invite all clerical employees in the layoff unit to volunteer for layoff.
    • You must notify CUE that you have invited the employees to volunteer for layoff at the time the invitation is given to the employees.
    • You must notify CUE of the names of the individuals who volunteered prior to the effective date of the layoff.
  • If an employee's duties will change because of a reassignment of an employee to a less senior employee's job, you must provide the employee whose job is changing with a copy of the new job description.
  • The employee may request to be laid off out-of-seniority. If you are willing to grant the request, you must notify CUE. CUE has fifteen (15) calendar days to agree to the waiver. If CUE does not agree, the employee's request must be denied.

  When The Decision To Layoff Is Made

  • Complete Attachment A, Information Regarding Layoffs  (Word), and forward to your Employee Relations Consultant.

  Notice Of A Layoff

  • A letter noticing the employee of the effective date of the layoff must be sent to the employee and CUE.
  • Sixty (60) days advance notice of a layoff should be given, if feasible.
  • Forty-five (45) days notice must be given to CUE if five (5) or more FTE in the same layoff unit are scheduled to be laid off on the same effective date.
  • Forty-five (45) days minimum advance notice must be given; however, up to 45 days of the 60-day notice period may be pay in lieu of notice.

  Model Letters

  Type Of Layoff Action	Entitlement	Model Layoff Letters
  indefinite layoff	severance OR recall and preferential rehire	Letter No. 1
  indefinite reduction in hours of work	recall and preferential rehire	Letter No. 2
  transfer from career to non-career position	recall and preferential rehire	Letter No. 3

  Years of Eligibility for Recall and Preferential Rehire

  Years of Service	Recall	Preference
  Less than 5 years	3 years	1 year
  Five years up to 10 years	3 years	2 years
  10 or more years	3 years	3 years

  Severance

  • Employees have 14 calendar days to elect severance.
  • The amount of severance is calculated on the percentage of employment.
  • Employees whose time was reduced during the 60 calendar days prior to the indefinite layoff are eligible for severance based on their percentage of employment prior to the reduction in time.

  Severance Calculations

  Calculation methodology is described in the template letter.

  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

  • Proof of Service Forms and instructions
  • Unemployment Insurance Booklet
  • Transition Services Program flyer  (PDF)

  Send copies of Layoff Letters and Option Election Forms to CUE with a Proof of Service Form

  • CUE's address