Section One. (a) No employee shall be dismissed or laid off from his/her position because of lack of work, economy, insufficient appropriation, change in departmental organization, or abolition of position except in compliance with this Article.

(b) Except as otherwise provided in Section 2 or in Article 7, Section Eleven (Union Rights), the employee with the least seniority within the bargaining unit at the agency affecting the layoff shall be selected for layoff.

Section Two. Seniority by Class. (a) For purpose of layoff selection within classification seniority shall be defined by Article 14, Section One (bargaining unit seniority).

(b) Special Skills. Five percent (5%) of the employees (not less than one person) to be laid off within a class within an agency shall be exempt from the seniority factor when the State determines that there is a need for special skills. "Special skills" refers to jobs difficult to fill with a replacement except after extensive training. Where practical, the State will attempt to meets its "special skills" requirements be exempting the employees with the highest seniority among employees with the same special skills.

Management decisions on special skills shall be subject to expedited arbitration provided, however, that no back pay remedy shall accrue to any individual employee.

(d) An employee whose last service rating was unsatisfactory shall be treated for layoff purposes as having lost one (1) year of seniority.

Section Three. The State employer shall give an employee not less than six (6) weeks written notice of layoff, stating the reason for such action. Such notice does not apply to a bumpee under Section Four. The Commissioner of Administrative Services shall arrange to have the employee transferred to a vacancy in the same or comparable class of any other position which, in the judgement of the State employer, the employee is qualified to fill within the department, agency or institution in which the employee works. If the employee refuses to accept the transfer, an eligible employee may exercise bumping rights as specified in Section Four.

Section Four. Bumping. In lieu of layoff an employee may bump into a lower class within the same general classification series within the department, agency, or institution in which the employee works. The bumper shall bump the employee with the lowest seniority in such lower class with less seniority than the bumper.

The bumper shall be paid at the rate closest to the rate paid at the time of layoff however, the bumper shall not be paid at a rate higher than his/her prior rate.

(HOME) (CONTRACT INDEX) (ARTICLE 16)