AEE Layoff FAQs (Update July 7th)

AEE Layoff FAQs
(Updated July 7, 2025)

*Indicates newly added question and answer.

Refer to the AEE collective bargaining agreement for detailed language, specifically Article 6.5 – Layoff and Appendix A.

1. Who is deciding the specific positions to cut?
   The Agency.

2. How is seniority calculated?
   Seniority is the Layoff Service Date (LSD), which is the date the employee began State service (except as a temporary employee).
   The LSD is adjusted for periods of time the employee is not employed with the state or is on leave of absence more than one (1) year (break in service). If an employee separates from employment for more than two (2) years, the employee’s LSD starts over, and prior service time is not counted. However, if an Employees’ separation from employment does not exceed two (2) years, then the LSD is adjusted for the period of absence. In addition, the LSD is adjusted for leaves without pay in excess in one (1) year.

3.  Why is the Layoff Service Date (LSD) important?
   The LSD determines order of layoff and what options an employee may have at time of layoff. According to the AEE contract, the person with the most seniority has the right to bump the person with the lowest seniority in the same geographic area. In addition, employees are recalled in order of seniority to fill future vacancies after a layoff.

4. What is “geographic area” as referenced in Article 6.5 – Layoff?
   Geographic area is defined in Appendix A of the CBA.
   
   1.   Zone #1: ODOT Regions 1-2
   2.  Zone #2: ODOT Regions 3-5
   See ODOT Region Map

5. How will AEE employees be notified of layoff?
   Employees in positions the Agency has chosen to cut must be given written notice at least fifteen (15) calendar days before the effective date, stating the reasons for the layoff. The notice should include information about the layoff process, layoff rights, the employee’s layoff service date (LSD), and options available. Employees will need to respond to the letter within 10 days indicating which layoff options and the order of priority they choose.

6. Will the State provide AEE with seniority information for all affected positions in advance of the layoff notice?

   The CBA requires the Agency to provide this information to AEE and to provide copies to AEE Job Representatives. The Agency must also post lists on employee bulletin boards at headquarters and each of the regional offices.

7. If I am notified of a pending layoff, what do I need to do and what are my options?
   An AEE represented employee notified of a pending layoff has ten (10) days to prioritize/rank their layoff options. The employee must communicate their choices in writing to the agency within ten (10) calendar days from the date the employee receives written notice of layoff (the 10-day response time is extended to the next business day if that day falls on a weekend or holiday).
   
   OPTIONS (see Art. 6.5, Section 3):
   1. The employee may displace (bump) the employee in the Agency with the lowest seniority in the same classification for which they are qualified in the same geographic area in the Agency where the layoff occurs.
   2.If no positions are accessible under option number 1:
   •   (a). The employee may displace the employee in the Agency with the lowest seniority in the same geographic area in any classification with the same salary range in which the employee previously held regular status, including any predecessor classification
   •  OR, if choice (a) is not available to the employee,
   •  (b) the employee may move into vacant positions in classifications with the same salary range that the agency intends to fill in the same geographic area.
   3. The employee may identify and prioritize up to three (3) classifications in lower salary ranges for which they are qualified within the Agency and same geographic area. The employee may be demoted to the lowest seniority position in one of the identified classifications considered in the order listed by the employee. Employees who elect to be demoted shall be placed on any geographic area layoff list of their choice within the Agency for the classification from which they are demoted.
   4. The employee may elect to be laid off. An employee who elects to be laid off is placed on any geographic area layoff list of their choice within the Agency for the classification from which the employee was laid off.
   
   Before exercising any of the options under Section 3, the employee must meet the minimum qualification and any special qualifications for the position for the classification and must satisfactorily perform the duties of the position within ninety (90) calendar days.

8. *How does an employee choose their Options? How does an employee communicate their ranking of Options to the State?
   A form will be provided with any layoff notification. Employees may rank their options in any priority order, with one exception which is explained below in Question 11 (“What are the choices under Option 2?”).

9. If layoff Option 1 is available to me, can I select Option 2 instead?
   No. You cannot select Option 2 before selecting Option 1 if Option 1 is available to the employee. Option 2 is only available if you cannot displace a less senior employee in the same classification and geographic area or move into a vacant position under Option 1.

10. What are the choices under Option 2?
    If Option 1 is not available, you have two choices under Option 2 that must be exercised in sequential order. The first choice allows employees to bump into any classification in the same salary range that they previously held regular status in. The second choice allows employees to be placed into vacant positions in classifications in the same geographic area in the same salary range if the agency intends to fill the positions.
    
    Example of 1st choice: An employee is being laid off from a position in the Research Analyst 1 classification at salary range 19. Option 1 (bumping into a position in that same classification) is not available to the employee. This same employee held regular status in a position in the Administrative Specialist 2 classification, which is also a salary range 19. The employee may choose to bump into the lowest senior position in the Administrative Specialist 2 classification if they meet the special requirements of the position.
    
    Example 2nd choice: An employee is being laid off from a position in the Accounting Technician 2 classification at salary range 17. Option 1 (bumping into a position in that same classification) is not available to the employee and the employee has not held regular status in any other classification at salary range 17. The employee can choose to be placed in a vacant position at salary range 17 (e.g., Administrative Specialist 1, Executive Support Specialist 1), as long as the agency intends to fill the vacancy and they meet the minimum qualifications (MQs) and special requirements of the position.

11. What are the choices under Option 3?
    You may identify and prioritize up to three (3) job classifications that have lower salary ranges and are qualified for within the Agency and bargaining unit. A list of job classifications and minimum qualifications are listed on the DAS CHRO Class/Comp website at: https://www.oregon.gov/das/HR/Pages/cc.aspx.

12. Does an affected employee have the option to elect layoff in lieu of “bumping” into a position they may qualify for? Can they bypass Option 3 and take the layoff instead? Will they be placed on the layoff list?
    Yes, under Option 4, you may elect to be laid off. If you elect to be laid off, you  are placed on the geographic list, within the Agency, for the classification you were laid off from.

13. Does an employee bumped by another employee have any layoff rights?
    Yes. Any employee displaced by another employee exercising one of the options noted above (i.e. bumped) may also exercise layoff options. Each subsequently bumped employee will receive written notice of the effective date of layoff and will have ten (10) calendar days from the date of the notice, to prioritize options. (See Question 7 regarding options.)

14. *Can AEE bargaining unit employees bump management service employees?
    No, bargaining unit employees cannot bump management employees and vice versa.

15. *What happens if more than one person getting laid off elects to bump into the same position?
    The person with the most seniority has the first option to bump.

16. Will moving expenses be paid if I choose to bump or demote?
    Moving expenses will be reimbursed only when an employee has in fact, left State service and is called back from the layoff list to a geographic area other than the one in which they were laid off.  Moving expenses will not be paid for any other moves associated with displacement, demotion, or return from a layoff list.

17. *How will HR know what my skills are when they are determining the positions I may qualify for?
    Employee job history/duties are available in Workday. You should verify your job history/duties are accurately reflected in Workday.

18. *Where can I find the minimum qualifications (MQs) for specific classifications?
    You can find the minimum qualifications (MQs) for any classification by clicking on this link: https://www.oregon.gov/das/HR/Pages/cc.aspx.

19. May a full-time employee bump into a part-time position?
    No. Only full-time employees can bump other full-time employees. The same is true for part-time employees.

20. Can an employee bump into a position at another state agency that has the same classification?
    No, employees are limited to bump within their own Agency and bargaining unit (AEE to AEE).

21. *If I elect to bump into a lower salary range, will my salary remain the same?
    If your current salary is within the lower salary range, your salary will remain the same. If your current salary is above the highest step of the lower salary range, your salary will be adjusted to the highest step of the lower salary range.

22. What happens if two employees have the same seniority?
    If two or more employees have equal seniority based on the layoff service date, a tie would be broken by the length of continuous service with the Agency. If the tie remains, the Agency may determine the layoff order in a manner to conserve the services of the most qualified employee.

23. *Can a laid off (or demoted in lieu of layoff) permanent full-time AEE represented employee accept a part-time position with the same agency and retain their permanent full-time layoff rights?
    Yes. An employee accepting a part-time position is not removed from the Agency full-time layoff list for recall to a permanent full-time position, provided the part-time position was filled through a list other than the layoff list (e.g., open-competitive list or other non-layoff associated list).

24. Can an initial trial service employee displace a regular status employee?
    No. Employees on initial trial service (new hires) must be removed before any regular employees.

25. Do temporary employees have layoff rights?
    No.

26. Is there cross-bumping between unions or between union and management positions?
    No.

27. What happens to a laid-off employee’s accrued leave and compensatory time?
    An employee receives payment for accrued vacation leave and eligible compensatory time upon layoff. Sick leave is not paid out. If an employee returns to a position (except as a temporary employee) to the State within two (2) years of layoff, their unused sick leave will be restored.

28. *If an employee is bumped and then that person does not work out in the position, does the bumped employee get their job back?
    No. If the employee who bumps into the position is unable to perform the duties of that position after a 90-day orientation period, management will deal with this as a performance issue.

29. What about trial service employees (other than initial trial service/new hires)? Will all trial service employees be terminated before regular status?
     Seniority is calculated by the Layoff Service Date (LSD), the date the employee began State service adjusted for breaks in service. The LSD of employees on promotional trial service will include their previous regular status employment.
    
    RECALL

30. *How does the Agency Layoff List work? (Article 6.5, Section 9)
    Regular status employees laid off, or demoted in lieu of layoffs, shall be placed, in order of seniority on the Agency layoff list for the geographic area in which the layoff occurs. The term of eligibility of candidates placed on the lists shall be two (2) years from the date of their separation from the classification in which they earned layoff rights.
    
    Employees who are on an Agency layoff list shall be recalled by geographic area in seniority order beginning with the employee with the greatest seniority.
    
    Same Geographic Area Recall/Recall to a Permanent Position. If an employee is certified from a layoff list and is offered a permanent position in the geographic area from which they demoted in lieu of layoff, or were laid off, tthey shall have one (1) right of refusal. Upon a second refusal, however, the employee’s name will be removed from the layoff list in that geographic area.
    
    Different Geographic Area Recall/Recall to a Permanent Position. If an employee is certified from a layoff list and is offered a permanent position in a different geographic area from which they demoted in lieu of layoff, or were laid off, they shall have one (1) right of refusal. Upon a second refusal, which is more than fifteen (15) days after the first refusal, shall not have their name removed from the list. An employee who has other refusals during this fifteen (15) day period shall not have their name removed from the list.
    
    An employee appointed to a permanent or seasonal position from a layoff list shall be removed from all layoff lists for that classification.
    
    When an employee is returned to State service (after layoff), moving expenses will be paid once by the Agency, except for recall of employees transferred outside State government due to intergovernmental transfer. In other words, moving expenses will be reimbursed only when an employee has in fact, left State service and is called back from the layoff list to a geographic area other than the one in which they were laid off.  Moving expenses will not be paid by the Agency for any other moves associated with displacement, demotion, or return from a layoff list.

31. *How does the Secondary Recall list work? (Article 6.5, Section 10)
    Regular status employees and eligible limited duration employees, who are laid off shall, in addition to their right to be placed on Agency Layoff Lists, be given the option of electing placement on the Secondary Recall List by geographic area for other Association represented Agencies which utilize the same classification from which they were laid off. The term of eligibility of candidates placed on the list shall be two (2) years from the date of placement on the list or the termination of the CBA, whichever occurs first.
    
    The recall options shall be consistent with the priority of recall to positions from layoff within an Agency, except that recall from Agency Layoff Lists shall take precedence over recall from the Secondary Recall List.
    
    Employees who elect to be placed on the Secondary Recall List shall specify in writing the Agencies and geographic areas of their choice.
    
    After the exhaustion of any Agency Layoff List for a specific classification within a geographic area, the Secondary Recall List shall be used to fill all positions within a specific classification and geographic area, until such secondary list is exhausted.
    
    To be eligible for appointments from the Secondary Recall List, a laid off employee on such list must meet the minimum qualifications from the classification and any special qualifications for the position.
    
    Agencies utilize the Secondary Recall List to fill positions by calling for certifications from the list of the five (5) most senior employees who meet the minimum qualifications for the classification and any special qualifications for the position to be filled by selecting one of the five (5) so certified. Where fewer than five (5) eligible employees remain on the Secondary Recall List, the Agency shall select one (1) of these employees who meets the minimum qualifications for the class and any special qualifications for the position.
    
    A laid off regular status or eligible limited duration employee on the Secondary Recall List who is offered a permanent appointment from the list and refuses to accept the appointment shall have their name removed from the Secondary Recall List.
    
    Employees appointed to positions from the Secondary Recall List shall have their names removed from all other Agency Layoff Lists and the Secondary Recall List. Employees appointed to positions from the Secondary Recall List shall serve a trial service period not to exceed ninety (90) calendar days. Employees who fail to successfully complete this trial service period shall have their names restored only to the Agency Layoff Lists on which they previously had standing. Restoration to the Agency Layoff List shall be for the remaining period of eligibility that existed at the time of appointment from the Secondary Recall List. Employees appointed to positions from the Secondary Recall List shall not be entitled to moving expenses.
    
    MISCELLANEOUS

32. *What if I have questions about unemployment benefits?
    The Oregon Employment Department (OED) can advise employees on the best timing in applying for benefits. For specific information regarding what benefits would be, employees should contact their local Employment Office or visit this website: https://www.oregon.gov/employ/unemployment/pages/default.aspx.