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Reduction-in-Force/Layoff Non-represented Employees

Section: IV. ADSV - 219
Approved By: Dr. Pamela J. Transue, 08/02/11
Last Review: 07/01/11
Last Revision: 02/23/10, 06/22/04
Prior Revisions: 03/12/02, 04/05/04
Initial Adoption: 02/28/88

Policy

Tacoma Community College will adhere to civil service rules regarding the layoff of non-represented classified employees of the college.  Reduction-in-force/Layoff may occur due to lack of funds, lack of work or for organizational change.

Purpose

To define the layoff procedures for non-represented classified employees when a reduction-in-force becomes necessary due to lack of funds, lack of work or for organizational change.  To additionally define the process used in association with a reduction-in-force or reduction in work hours or work year of permanent non-represented classified employees.

To Whom Does This Policy Apply

This policy applies to Tacoma Community College non-represented classified employees.   If affected by a layoff action, employees in temporary, probationary or other provisional status may request placement on the Institution-wide layoff list, however, are not eligible for layoff employment options at the college.

References

Washington Administrative Code (WAC)

357-01-195 – Layoff Unit

357-46 - Layoff and Separation

Definitions

Appointing Authority – A person or group of persons lawfully authorized to make appointments, initiate layoffs, demotions, suspensions, reductions in salary, and dismissals.

Class – One or more positions sufficiently similar with respect to duties and responsibilities that the same descriptive title may be used with propriety to designate each position allocated to the class; that the same general qualification requirements are needed for performance of the duties of the class; that the same test of fitness may be used to select employees; and that the same schedule of pay can be applied with equity to all positions in the class under the same or substantially the same employment conditions.

Comparable Position – A position that has the same program specialty, required skills, knowledge, abilities and experience, workweek, work schedule/shift, and work year requirements (i.e. percentage of time, number of months per year, and same geographical area).  The Vice President for Administrative Services or designee will determine comparable positions.

Effective Date - The date on which an action takes place.

Institution Wide Layoff List – A list containing the names of permanent or trial service employees of Tacoma Community College who have been or are scheduled for layoff, or who have accepted a lower option in lieu of layoff.

Layoff – Separation from service to an institution, from service within a class, reduction in the work year, and/or reduction in the number of work hours.

Layoff Seniority – The total amount of service an employee earns as a result of unbroken classified service.  Authorized leave of absence or leave without pay will not constitute a break in service; however, the time spent on such leave will not be included in computing seniority.  A furlough for the purposes of temporary layoff is not considered a break in service.

Layoff Unit – A clearly identified structure within an institution, within which employment/layoff options are determined in accordance with the layoff procedure.  Layoff units may be a series of progressively larger unit within the institution.

Special Employment Program – A program so designated by the Director of Department of Personnel, designed, and implemented to reduce unemployed and/or provide training opportunities to enable persons to become more employable.

Veterans Retention Preference – Veterans who are permanent employees who have one or more years in active military service in any branch of the armed forces of the United States or who has less than one year’s service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given, shall have added to their unbroken service in the classified service, their total active military service, not to exceed five years.  The combined total of unbroken service in the classified service and active military service will constitute the veteran’s layoff seniority.  The unmarried widow/widower of an eligible veteran is entitled to veterans’ retention benefits.  Veteran does not include any person who as a veteran retired with twenty or more years’ active military service and has military retirement pay in excess of five hundred dollars per month.

Procedure

For the purposes of reduction-in-force, permanent, non-represented classified staff of Tacoma Community College will be considered as three (3) separate and distinct layoff units:

  1. Special Employment Programs.
  2. Project Employment
  3. All other classified employees.

The appointing authority will determine the number of positions that will be abolished in each classification.  S/he or his/her designee will then determine which employees are to be laid off, determine the options rights of the affected employee(s) and whether those rights include displacement of another employee in accordance with this procedure or civil service rules.

The initial order of layoff will be according to layoff seniority of those employees in the class(es) affected.  Layoff seniority is based on the earliest date of continuous classified service at the college.  Authorized leave of absence or leave without pay will not constitute a break in service; however, the time spent on such leave will not be included in computing seniority.  Within classes/classifications, emergency, temporary, or intermittent employees will be laid off before those with probationary or provisional status.  Similarly, those with probationary or provisional status will be laid off before permanent employees.  Employees having the least seniority will be laid off first with those with greatest seniority last.

The Human Resources Administrator or his/her designee will:

  1. Provide the affected employee(s) a layoff notice which includes the following:
  2. The reason for the layoff.
  3. The employees layoff options
  4. Layoff lists that the employee is entitled to request placement on and how to request placement on the statewide layoff list.
  5. The date the employee must select a layoff option.
  6. The employee’s right to appeal the layoff.
  7. Inform each affected employee that he or she will have five calendar days to select an option, if any are available, or to elect to be laid off and at the employee’s option, and be placed on the appropriate layoff list(s).  Each affected employee’s option selection must be in writing and given to Human Resources.

A permanent status employee will receive at least 15-calendar day’s written notice of layoff.  The notice will be provided directly to the employee during his/her scheduled working hours or mailed by certified letter to the employee’s last known address if the employee is not available for personal service.

Temporary, probationary, and other provisional employees who may be affected by layoff actions will be notified within 15 calendar days of the action unless unforeseen circumstances (i.e., immediate budget reductions) prevent such notification.

If the employee selects a position that is filled, the Vice President of Administrative Services or Human Resources designee will inform those affected by the employee’s decision.  The displaced employee will be notified of the upcoming action in accordance with the steps and rules in this procedure.