Layoff Q&As - Wednesday July 2

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

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. 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.

15. 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.

16. 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).

17. 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.

18. 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.

19. Do temporary employees have layoff rights?
    No.

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

21. 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.

22. 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.