CBA Article 28

ARTICLE 28 LAYOFF AND RECALL 

28.1 The Employer shall determine the basis for, extent, effective date and the length of layoffs in accordance with the provisions of this Article. 

28.2 Basis for Layoff 

Layoffs may occur for any of the following reasons: 

A. Lack of funds, 

B. Lack of work, 

C. Good faith reorganization, 

D. Ineligibility to continue in a position that was reallocated, 

E. Termination of a project, or 

F. Fewer positions available than the number of nurses entitled to such positions either by statute or other provision. 

28.3 Voluntary Layoff, Leave without Pay or Reduction in Hours 

Appointing authorities may allow a nurse to volunteer to be laid off, take leave without pay or reduce his or her hours of work in order to reduce layoffs. If it is necessary to limit the number of nurses in an agency on unpaid leave at the same time, the appointing authority shall determine who will be granted leave without pay and/or reduction in hours based upon staffing needs. Nurses who volunteer to be laid off may request to participate in the General Government Transition Pool Program and/or have their names placed on the internal layoff list for the job classifications in which they held permanent status, regardless of a break in service.

28.4 Non-Permanent and Probationary Nurses 

Nurses with permanent status shall not be separated from state service through a layoff action without first being offered positions they have the skills and abilities to perform within their current job classification within the layoff unit currently held by non permanent and probationary nurses. Non-permanent nurses within the layoff unit and job classification shall be separated from employment before probationary nurses. 

28.5 Temporary Reduction of Work Hours or Layoff – Employer Option 

A. The Employer may temporarily reduce the work hours of a nurse to no less than twenty (20) hours per week due to an unanticipated loss of funding, revenue shortfall, lack of work, shortage of material or equipment, or other unexpected or unusual reasons. Nurses will normally receive notice of five (5) calendar days of a temporary reduction of work hours. 

B. The Employer may temporarily lay off a nurse for up to thirty (30) calendar days due to an unanticipated loss of funding, revenue shortfall, lack of work, shortage of material or equipment, or other unexpected or unusual reasons. Nurses will normally receive notice of five (5) calendar days of a temporary layoff. 

C. A nurse whose work hours are temporarily reduced or who is temporarily laid off shall not be entitled to: 

1. Be paid any leave balance, 

2. Bump to any other position, or 

3. Be placed on the internal layoff list. 

28.6 Layoff Units 

A. A layoff unit is defined as the geographical entity or administrative/ organizational unit in each agency used for determining available options for nurses who are being laid off. 

B. The layoff unit(s) for each agency covered by this Agreement are the following. 

1. Department of Health 

The layoff unit shall first be the county in which the position is located, and if no options are available, the unit expands to the agency statewide. 

2. Department of Social and Health Services 

a. Positions in 24/7 Facilities: The institution in which a nurse’s workstation is located will be the primary layoff unit. If no option is available within the institution, the unit expands to the county. If no option is available within the county layoff unit, the unit expands to the region. If no expands to the agency statewide. 

b. All Other Positions: The county in which a nurse’s workstation is located will be the primary layoff unit. If no option is available within the county, the unit expands to the region. If no option is available within the regional layoff unit, the unit expands to the agency statewide. 

28.7 Formal Options 

A. Nurses will be laid off in accordance with seniority, as defined in Article 35, Seniority, and the specialized skills and abilities of the nurse. Nurses being laid off shall be provided the following options to comparable positions in descending order within the layoff unit: 

1. A funded vacant position for which the nurse has the specialized skills and abilities, within his or her current job classification. 

2. A funded filled position held by the least senior nurse for which the nurse has the specialized skills and abilities, within his or her current job classification. 

3. A funded vacant or filled position held by the least senior nurse for which the nurse has the specialized skills and abilities, at the same or lower salary range as the current permanent position, within a job classification in which the nurse has held permanent status. 

B. For multi-employee layoffs, more than one (1) nurse may be offered the same funded, vacant or filled position. In this case, the most senior nurse with the skills and abilities who accepts the position will be appointed. Appointments will be made in descending order of seniority of nurses with the skills and abilities of the position(s). 

C. Options will be provided in descending order of salary range and one progressively lower level at a time. Vacant positions will be offered prior to filled positions. 

28.8 Informal Options 

Nurses being laid off may be offered funded vacant positions within their layoff unit, provided they meet the specialized skills and abilities required of the position and it is at the same or lower salary range as the position in which the nurse currently holds permanent status. Informal options may also include funded vacant positions outside the nurse’s layoff unit within his or her current job classification, provided he or she meets the specialized skills and abilities required of the position. A nurse may request an informal option to job classifications through the agency’s human resources office within five (5) calendar days of receipt of a written notice of a permanent layoff. The award or denial of an informal option is not subject to the grievance procedure in Article 36.

28.9 Notification to the Union 

The Employer will notify the Union when a permanent layoff is anticipated. At the request of the Union, the parties will meet to discuss the layoff and possible alternatives. 

28.10 Notification to Nurses with Permanent Status 

A. Except for temporary reduction in work hours and temporary layoffs as provided in Section 28.5, nurses with permanent status shall receive written notice at least fifteen (15) calendar days before the effective layoff date. The notice shall include the basis for the layoff and any options available to the nurse. The Union shall be provided with a copy of the notice. 

B. Except for temporary reduction in work hours and temporary layoffs as provided in Section 28.5, if the Employer chooses to implement a layoff action without providing fifteen (15) calendar days’ notice, the nurse shall be paid his or her salary for the days that he or she would have worked had full notice been given. 

C. Nurses shall be provided five (5) calendar days to accept or decline, in writing, any option provided to them. This time period shall run concurrent with the fifteen (15) calendar days’ notice provided by the Employer to the nurse. 

D. The day that notification is given constitutes the first day of notice. 

28.11 Salary 

Nurses appointed to a position as a result of a layoff action shall have their salary determined as follows: 

A. Transfer or Bump 

A nurse who accepts a transfer or bumps to another position within their current job classification shall retain his or her current salary. 

B. Voluntary Demotion in Lieu of Layoff and Bump to a Lower Position 

A nurse who bumps to another position with a lower salary range shall be paid an amount equal to his or her current salary, provided it is within the salary range of the new position. In those cases where the nurse’s current salary exceeds the maximum amount of the salary range for the new position, the nurse shall be compensated at the maximum salary of the new salary range. 

C. Appointment from an Internal Layoff List 

1. Nurses who are appointed from an internal layoff list to a position with the same salary range from which they were laid off shall be paid the amount in which they were compensated when laid off plus any across the board adjustments, including salary survey adjustments, that occurred during the time they were laid off.

2. Nurses who are appointed from an internal layoff list to a position with a lower salary range than the position from which they were laid off shall be paid an amount equal to the salary they were receiving at the time they were laid off, provided it is within the salary range of the new position. In those cases where the nurse’s prior salary exceeds the maximum amount of the salary range for the new position, the nurse shall be compensated at the maximum salary of the new salary range. 

28.12 Transition Review Period 

A. The Employer shall require a nurse to complete a six (6) month transition review period when the nurse accepts a layoff option to a job classification in which he or she has: 

1. Not held permanent status, 

2. Been appointed from the General Government Transition Pool Program, or 

3. Been appointed from an internal layoff list, except when appointed to a position in which the nurse has held permanent status, within twelve (12) months of layoff to the same institution, facility or office from which laid off. 

B. The Employer shall have the authority to shorten a nurse’s review period. Nurses will receive a permanent appointment to the position upon successful completion of the transition review period. 

C. The Employer may separate a nurse or a nurse may voluntarily separate during the transition review period. Upon separation, and at the nurse’s request, the nurse’s name shall be placed on or returned to the internal layoff list. The nurse shall remain on the list until such time as his or her eligibility expires or he or she has been rehired. A nurse that is separated during his or her transition review period may request a review of the separation by the Secretary of the Department or designee within fourteen (14) calendar days from the effective date of the separation. Separation during the transition review period shall not be subject to the grievance procedure in Article 36

28.13 Recall 

A. The Employer shall maintain an internal layoff list for each job classification. Nurses who are laid off may have their name placed on the list for the job classification from which they were laid off or bumped. Additionally, nurses may request to have their name placed on the internal layoff list for other job classifications in which they have held permanent status regardless of a break in service, provided they were not demoted for cause from the classification in the last six (6) years. A nurse will remain on internal layoff lists for two (2) years from the effective date of his or her layoff. Nurses on the internal layoff list will be responsible for maintaining current address and phone contact information with the Employer. 

B. When a vacancy occurs within an agency and when there are names on an internal layoff list for that job classification, the Employer will fill the position in accordance with Article 30.1, Hiring and Appointments. A nurse who is offered a position and refuses the offer will have his or her name removed from the list. In addition, a nurse’s name will be removed from all layoff lists upon retirement, resignation or dismissal. 

28.14 General Government Transition Pool Program 

Nurses who are notified that they are at risk of being laid off or have been laid off may request their names be placed into the General Government Transition Pool Program administered by the Department of Personnel. Nurses who have their names placed in the General Government Transition Pool are responsible for maintaining current address and phone contact information with the Department of Personnel. When a vacancy occurs within an agency, the Employer will consider nurses in the General Government Transition Pool Program along with all other candidates, all of whom must have the skills and abilities to perform the duties of a position being filled. 

28.15 Project Employment 

A. Project nurses have layoff rights within their project. Formal options will be determined using the procedure outlined in Section 28.7 of this Article. 

B. Permanent status nurses who left regular classified positions to accept project employment without a break in service have layoff rights within the agency in which they held permanent status to the permanent job classification they held immediately prior to accepting project employment. 

C. Project nurses who are separated from state service due to layoff and have not held permanent status in classified service may request their names be placed into the General Government Transition Pool Program. 

© Paul Vilja 2017