BCTC MOU Section 13: Layoff and Re-employment

13.1        Definition of Layoff: Any department head may, with the Board of Supervisors approval, layoff employees because of lack of work, lack of funds, reorganization, or otherwise when in the best interest of the County.

13.2        Notice of Layoff: Department heads will give at least thirty (30) days advance written notice to employees to be laid off except in an emergency situation in which case the Human Resources Department Director may authorize a shorter period of time.

13.3        Precedence by Employment Status: No permanent employee shall be laid off while employees in extra help, temporary, provisional or probationary status are retained in the same class unless that employee has been offered the extra help, temporary or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories:

(1)        Extra help

(2)        Temporary

(3)        Provisional

(4)        Probationary: among probationary employees in a given class, order of layoff shall be according to reverse seniority as deter­mined by total continuous County civil service, not continuous time in that probationary period.

Seniority

Layoffs shall be by job classification according to reverse order of seniority as determined by total continuous County civil service, except as specified above.

The following provisions shall apply in computing total continuous service:

(1)        Time spent on military leave, leave to accept temporary employment outside the County government and leave to accept a position in the unclassified service shall count as County service.

(2)        Periods of time during which an employee is required to be absent from their position due to an injury or disease for which he/she is entitled to and currently receiving Workers’ Compensation benefits shall be included in length of service in determining the employee’s seniority rights.

(3)        Time worked in an extra help status shall not count as County service.

(4)        Time worked in permanent, probationary, provisional or temporary status shall count as County service. Part-time status shall count at the rate of one year of continuous employment for each 2080 straight-time hours worked.

If two or more employees have the same seniority, the examination scores for their present classes shall determine seniority.

13.4        Identification of Positions For Layoff

(1)        The classifications in flexibly staffed series are treated as one classification for purposes of layoff.

(2)        When a classification has formal numbered options, each of which specifies separate hiring criteria, each option shall be treated as a separate classification for layoff purposes.

13.5        Procedures

(1)        A displaced employee will be transferred to any vacancy with equivalent FTE status in his/her classification in his/her home department.

(2)        If no vacancy with equivalent FTE status exists in the employee’s classification in the home department an employee shall have the right to interview for any other vacancies, County-wide, in his/her classification, or other classifications for which he/she has bumping rights. Employees who choose this option shall have a list of all vacancies provided by the County. The County will arrange for interviews for vacancies in which the employee is interested.

(3)        Employees who are notified they will be laid off shall have the choice to:

(a)     Take a voluntary demotion within the same department to any class, at the employee’s discretion, in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority.

(b)     On a departmental basis, displace the employee in the same class having the least seniority in County service.

 

(4)        In addition to all other options, employees in classes at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.

13.6        Names of Employees Laid Off to Be Placed on Reemployment and General Eligible Lists: The names of employees laid off shall be placed on reemployment eligible lists as specified below. Former employees appointed from a reemployment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave credits, vacation credits, vacation accrual rate, and credit for years of service toward the calculation of seniority. How­ever, such re-employed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off.

The departmental reemployment eligible list for each class shall consist of current and former employees with probationary or permanent status who were laid off or whose positions were reclassified downward. The rank order on such lists shall be determined by relative seniority as specified in Section 13.2. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked.

The general reemployment eligible list for each class shall consist of current and former employees having probationary or per­manent status who were laid off or whose positions were reclassified down­ward. The rank order on such lists shall be determined by relative seniority. Such lists shall take precedence over all other eligible lists, except departmental reemployment eligible lists, in making certifications on a County-wide basis.

The provisions of this subsection 13.6 shall not apply to employees who have accepted severance pay upon termination of employment.