CONCORD UNIVERSITY BOARD OF GOVERNORS
Policy No. 7
Classified Employee Bumping/Layoff Policy
Section 1. GENERAL
This policy sets out guiding principles and procedures to be utilized in the event of involuntary reduction in work force for classified staff.
This policy shall be read and applied in light of and consistent with WV Code §18B-7-1.
September 17, 2003
1.4 Approved by:
Concord University Board of Governors
WV Higher Education Policy Commission
Section 2. PURPOSE
2.1 For purpose of this policy, seniority will be measured by permanent (not hourly or casual) employment in the service of the West Virginia state system of higher education. Casual employment or work at Concord through a temporary agency prior to an employee’s permanent employment with the state system of higher education will not be included in seniority calculation for purposes of this policy. Seniority and qualifications for purposes of this policy will be determined by the Concord University Human Resources Office based on records on file in that office, and personal interviews when appropriate with affected staff members. A seniority listing will be maintained by the HR Office for purposes of this policy, and available for review upon request by any member of the classified staff.
2.2 This policy only applies to classified employees at the institution whose employment, if continued, accumulates to a minimum of 1040 hours during the calendar year, and extends over at least nine months of a calendar year. Casual, temporary classified, contract workers, and faculty are not included in the provisions of this policy. For purposes of this policy, classified staff will be considered in the pay grade to which they are assigned according to the most recent appointment letter. Interim classifications will not be considered the employee’s pay grade for purposes of this policy.
2.3 Non-classified employees are not covered under the provision of this policy with the exception of non-classified employees who were involuntarily changed from classified employees to non-classified by the institution. These employees will be treated as classified employees for purposes of this policy. They will be treated according to their current seniority and pay grade held when the involuntary change took place.
Section 3. BENEFITS
3.1 For purposes of benefits, employees laid off under this policy will be treated as terminated for purposes not involving misconduct on the part of the employee, and will be treated as such under all applicable state and federal rules, laws and regulations.
Section 4. NOTICE
4.1 A letter of intent to reduce the work force will be sent to employees as soon as a determination has been made that a reduction is necessary. A classified employee who is laid off will be given a one-month written notice prior to the effective date of lay off. The options for bumping or recall will be explained to the employee at that time in a personal interview. The written notice will be sent by certified mail to the most current home address on file with HR or payroll, and will contain the reason for the layoff, the effective date of the layoff, information related to the position into which the employee may bump, a copy of this policy, and a time and date for an interview with the HR office to discuss options.
Section 5. VACANCIES
5.1 A classified employee subject to layoff under this policy will first be considered for reassignment to a vacant position within the institution. A position is designated vacant by the President or his/her designee, and includes the time until a formal offer is made to and accepted by another candidate. A position does not have to have been posted to be considered a vacancy under this policy. A vacancy may be considered under this policy regardless of funding source. A vacancy in which an employee may be placed under this policy may be exempted from posting requirements and provisions of WV Code §18B-7-1(d) at the discretion of the President or his/her designee.
5.2 The classified employee must meet the minimum qualifications of the vacant position as determined by the HR Office for the reassignment to be approved. The employee will be given the option of accepting or declining the vacant position. The decision must be made in writing to the President of the institution within five working days of the offer. If the position is the same FTE and pay grade as the employee’s current position, and if the employee declines this reassignment to a vacancy, he or she will forfeit their rights to preferred recall under WV Code §18B-7-1, and will be terminated. If the vacancy is in a lower pay grade or is a lower FTE, the employee may decline, and retain all rights as set out in WV Code §18B-7-1 and this policy.
Section 6. BUMPING
6.1 If an employee who is to be laid off is not assigned to a vacancy, the employee will be given the opportunity to displace or bump the least senior classified employee in the same or lower pay grade within the institution as set out in this policy. If the employee chooses not to exercise rights of bumping or cannot bump, he or she will be laid off with rights or recall as set out herein. In all cases, the employee bumping into a position must meet the minimum qualifications of the position as set out in the most current PIQ on file in the HR Office. The HR Office will have the responsibility of making the determination of whether the employee reaccepting the bump meets the minimum qualifications of the position. This decision may be appealed to the President of the institution by the employee within five working days of the date of the decision.
6.2 The HR Office will identify the least senor classified staff member in the employee’s pay grade in a position for which the employee meets the minimum qualifications. That position will then be offered to the employee for displacement. If there is no position within the pay grade that meets the requirements for displacement, the HR Office will go to the next lowest pay grade, identify the least senor staff person in a position for which the employee meets the position qualifications and so on down the pay grades until the employee is placed, refuses an offer, or cannot be placed because there are no positions for which they are qualified in any lower pay grade. When a position is offered, the employees must accept or reject the displacement offer within five working days of the offer. If the employee rejects the offer, he or she will be laid off and will not be offered another position under displacement procedures. If two or more employees subject to layoff are qualified for the same position, the most senior employee will have priority in displacement.
Section 7 RECALL
7.1 If an employee subject to layoff refuses to bump or refuses a vacancy or if there is no position available for him or her to bump into, the employee shall be laid off, but will be placed on a preferred recall list, and shall be recalled to employment at the institution based on seniority. An employee shall remain active on this list for one calendar year from the date of termination or from the date of the most recent renewal. An employee may renew his or her listing on this preferred recall list up to two times after the listing is first established. Each renewal will be for a one-year time period. If an employee fails to renew prior to the expiration of the year period, the employee will be removed from the list. An employee placed upon the list shall be recalled to any classified position opening for which the employee is minimally qualified as determined by the HR Office. No posting for any classified position shall take place until an analysis is completed for all employees on the preferred recall list to determine if any meet the qualifications for the position, and the offer is made for recall.
7.2 Each employee recalled from layoff will be notified of the offer of reinstatement by certified letter sent to the address on file in the HR Office. Each employee will have five working days from the date of receipt of the letter to accept this offer of reemployment or explain compelling reasons why they cannot accept the offer. The letter will contain a statement that a refusal of reinstatement without compelling reasons will remove the employee’s name from the recall list, and all rights under this policy will be terminated. The President or his/her designee will decide if the reasons for declining an offer of employment are compelling reasons
7.3 The returning employee will not be placed on a probationary status unless they were on such status at the date of termination. The employee will be placed at the same salary as at time of layoff unless the employee is placed in a lower pay grade or lower FTE. If so, the employee’s salary will be reduced by five percent per pay grade.
Created on Jun 17, 2009. Report incorrect information.