"Your Contract, Your Rights, The Law, Your Layoff Rights" by MEA Uniserv Director Ross Ferrell. (reprinted from the December 2001 ACSUM ACCENT)

     In the last negotiations, there were some significant improvements in employee rights at layoff.  When an ACSUM represented employee receives notice of layoff, s/he may have certain rights under the contract.  These rights can include taking a vacant position, displacing or bumping someone with less seniority and the right to being recalled.

     If an employee has at least two years seniority then s/he may be able to bump someone.  Bumping rights include displacing the least senior person in the affected employee's job classification, in another job classification in which the employee worked, or another job classification in the employee's job series.  The right to bump in the employee's job series is new to the 1999-2001 contract.  (The various job series in which one can bump are in Appendix H of the contract.)

     For example, an Administrative Assistant I could bump the least senior AA1.  S/he could also bump the least senior Secretary, even if s/he has never been a Secretary.  The AA1 may also bump the least senior payroll technician if s/he has worked in that job title.  All of these bumps are within the employee's status as  a part-time or full-time employee.

     In addition to bumping into another position, employees who have received notice of layoff may request that they be placed in a vacancy if there is one available in their classification.  If there is a vacancy in the same title, some employees prefer to take that vacant position rather than bumping a less senior unit member.

     When an employee is laid off, that employee has recall rights to the old position for up to two years.  At the time of layoff, the employee must inform management that s/he wants to be recalled.  When there are COLT unit vacancies, laid off employees are to be considered in the same manner as those who are working.  They retain their seniority rights for the purposes of a vacancy.

     There are some important points about the layoff procedure.  An employee with less than two years does not have bumping rights.  Bumping rights are stronger when an employee reaches four years of service.   Bumping rights can only be exercised at the campus the laid off employee works, not from campus to campus.  The contract refers to having the skills of the position into which you are eligible to bump.

     It is important to note that an employee must tell personnel/human resources that s/he wants to bump within five business days of receiving a layoff notice.   A laid off employee should do this immediately.  After management has been notified, an employee can look at the positions offered and see if they are appropriate under the contract.

     Soft money employees cannot be bumped and they cannot bump other employees.  They can be recalled to their former position and go into vacancies in the same title.

     Anyone who is laid off should make sure that they get all the information about their insurance status and any other benefits.  They should make sure that personnel has their correct mailing address on file.  If an employee has any questions about layoff rights, s/he should contact a grievance representative, campus ACSUM president or other Association officer.  

     Remember!  The only way to protect our rights is to use them.