APP 4-16: Non-Represented Non-Senate Layoff

This policy provides implementation procedures for APM 145 of university policy regarding layoff or involuntary reduction in time for  non-represented non-senate academic appointees. For represented non-senate academic appointees, please refer to their respective memoradums of understanding (MOU).

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A. Definition of Terms

Layoff

An action is considered a layoff if, without voluntary resignation, an appointee’s employment is ended prior to the specified end date because of lack of work, lack of funds, or programmatic change. A layoff action should not be used as a means of rectifying a performance-based problem.

Reduction In Time

Similarly, involuntary reduction in time is a change in the percentage of time to a lesser percentage of time prior to the specified end date in a situation not specifically requested by the appointee but, rather, determined by the University because of lack of work, lack of funding, or programmatic change

Layoff Unit

A layoff unit is normally considered to be the department, division, or program.

Recall

Reinstatement of an appointee to the same position at the same percentage of appointment in the same department or unit.

Preferential Re-employment

Reinstatement of an appointee in the same title or title series, and at the same or lower rank as the position, by the appointee at the time of layoff or voluntary reduction in time at the same campus.

B. Who Is Covered by This Policy
This policy applies to all non-senate academic appointees who are not covered by a memorandum of understanding (MOU). Under this policy, non-represented student academic appointees are only be eligible to grieve matters related to their academic appointment.  For represented non-senate academic appointees, please refer to their respective MOU.

This policy is not applicable in those cases where employment is for a specific project with a completion date or for a specific period of time with an end date, provided the appointee remains employed through that end date. Appointees with specific appointment periods are considered separated at the expiration of such appointments. This separation does not constitute a layoff.

C. Procedures

When a reduction in personnel is necessary because of lack of funds, lack of work, or programmatic change, the employing unit is required to:

  1. Determine who is to be laid off on the basis of the procedures established under “Order of Layoff” (see a. Order of Layoff below), and provide appropriate information on Intent to Layoff form;
  2. Attach draft of notice of layoff letter to Intent to Layoff form;
    1. Sample Letter A – Non-Senate Non-Teaching Layoff Notice
    2. Sample Letter B – Non-Senate Non-Teaching Reduction in Time Notice
    3. Sample Letter C – Non-Senate Teaching Layoff Notice
    4. Sample Letter D – Non-Senate Teaching Reduction in Time Notice
  3. The Chair forwards the form and draft of layoff letter to the Dean for approval;
  4. The Dean approves and forwards the documentation to the Office of Academic Personnel for review and compliance with University policy and procedures. It is important that the form include an explanation of the order of layoff for administrative review;
  5. After review, the Office of Academic Personnel returns the form and draft letter to the unit;
  6. The supervisor/unit head provides the appointee with written notice of layoff or involuntary reduction in time at least 30 days in advance of the effective date of layoff or involuntary reduction in time unless a different notice period is provided in the policy concerning the title or title series applicable to the appointment. Appropriate pay in lieu of notice may be given with Chancellor/designee approval.
  7. If possible, recall/preferential re-employ those laid off in accordance with the procedures established under “Re-employment” (see E below).  Checklist UCI-AP-145, “Layoff or Involuntary Reduction in Time for non-Senate Academic Appointees” is provided for reference.
    1. Order of Layoff
      The order of layoff for appointees in a designated layoff unit with the same title (e.g. within the Academic Coordinator series) or title series (e.g. Adjunct Professor Series, Professional Research Series) shall be on the basis of special skills, knowledge, or ability essential to the department or unit as determined by the department chair or unit head. When there is no substantial difference in the degree of special skills, knowledge, or ability essential to the department or unit, the order of layoff shall be in inverse order of seniority. For appointees in the Librarian series and not represented by the Professional Librarian’s Unit, see APM 360-20-c for order of layoff relevant to subsection 145-30-b.

If seniority is used for purposes of determining the order of layoff or involuntary reduction in time, it shall be established on the basis of the number of months of full-time equivalent service with the University.

  1. Notice of Layoff or Involuntary Reduction in Time
    If it is determined that layoff or involuntary reduction in time must occur, and those appointees who will be affected have been identified, appropriate notice must be given. The supervisor/unit head should provide to the appointee written notification of the layoff or reduction in time, the reason for such action, and the expected date of the action. This notification should be given after the appropriate approval levels have reviewed and approved the proposed action.

The notice must include: the reason for the action; the effective date of the action, which must allow for at least thirty calendar days notice to the appointee unless a different notice period is provided in the policy concerning the title or title series applicable to the appointment. Appropriate pay in lieu of notice may be given with Chancellor or designee approval.

Required Notice Periods:

Non-Senate Teaching Titles:
Adjunct Professor series
HS Clinical Professor series
Acting Assistant Professor
Visiting Professor titles
Teacher – UNEX
Generally, for layoff or involuntary reduction in time at least 30 calendar days advance written notice must be given. Where advance notice is not practicable, pay in lieu of notice will be given with Chancellor/designee approval.

For the Adjunct Professor series (APM 280), the Clinical Professor series, and Acting Assistant Professor (APM 235), the following notice should be given:

30 days notice - appointee with up to 2 years of service
60 days notice - appointee with more than 2 years of service
Other Non-Senate Titles (Non-Teaching):
Professional Research Series (and visitors)
Specialist Series
Project Scientist Series
Continuing Education Specialist
Academic Coordinator
Academic Administrator
Generally, for layoff or involuntary reduction in time at least 30 calendar days advance written notice must be given. Where advance notice is not practicable, pay in lieu of notice will be given with Chancellor/designee approval.
D. What Does It Mean to Be on Layoff Status

Layoff status is accorded those appointees who have been laid off or have had an involuntary reduction of time. Layoff status is limited to one year and may be less than one year if:

  1. the appointment has an ending date prior to one year from the date of layoff, or
  2. re-employment occurs within the campus to the same or equivalent position.

In summary, for an appointment with a specified ending date, the changing of the ending date by the University to an earlier date constitutes a layoff. Layoff status extends to the time the appointment would have ended.

E. Re-employment

Recall

Layoff rehire or “recall” is reinstatement of an appointee to the same position at the same percentage of appointment from which the appointee was laid off in the same department.

Vacancies occurring in a department or unit shall be filled by a person on layoff status from that department or unit provided the person on layoff status is qualified and when the position is in the same title or title series from which the person was laid off. If more than one qualified person is on layoff status, the order of layoff rehire will be in inverse order of layoff. Eligibility for layoff rehire is limited to the period of layoff status.

Any department or unit with an active layoff list shall consider all eligible personnel on layoff status for any new appointment it makes in the title or title series on the layoff list. If the individual(s) on the active layoff list are not selected, the department or unit shall indicate the reasons why the individuals(s) were not selected in the appointment dossier

Preferential Re-employment

Preferential re-employment is reinstatement of an appointee in the same title or title series, and at the same or lower rank as the position held by the appointee at the time of layoff or involuntary reduction in time at the same campus.

Preferential re-employment shall be granted to:

  • appointees on layoff status,
  • appointees whose time has been involuntarily reduced, or
  • appointees who have received written notice of layoff or involuntary reduction in time within the six months prior to the implementation of layoff or involuntary reduction in time.

A listing of current academic job opportunities at UCI is available in the AP Recruit system.

One may also visit the Higher Education Recuritment Consortium (HERC) website for academic job opportunities throughout Southern California.

F. Benefits
An appointee on layoff status may participate in employee benefit programs as allowed by the University’s Group Insurance Regulations. Eligibility to participate is limited to the period of layoff status. Those on layoff status or involuntary reduction in time should be referred to the Benefits Office for information regarding eligibility for continuation of health benefits (COBRA).

When a person on layoff status is re-employed, the period before layoff and after re-employment are considered as continuous or uninterrupted service for the limited purpose of applying University policies concerning seniority, sick leave, vacation, holidays, other leaves, reduced fees, and salary advancements by merit increase or promotion. However, benefits and credits for service including those related to any retirement system, do not accrue during periods of layoff.

G. Grievances

Appointees who believe the layoff is arbitrary or capricious or is in violation of applicable University regulations, etc. may grieve the layoff pursuant to APM 140, Non-Senate Academic Appointees/Grievances. Certain specified appointees may, in the alternative, grieve the layoff, under Regents Standing Order 103.9, see below for eligible titles.  A non-Senate appointee is entitled to only one grievance review mechanism.

Non-Senate Teaching Titles:
Adjunct Professor series
HS Clinical Professor series
Acting Assistant Professor
Visiting Professor titles
Teacher – UNEX
Appealable under APM 140 or Regents' Standing Order 103.9
Other Non-Senate Titles (Non-Teaching):
Professional Research Series (and visitors)
Specialist Series
Project Scientist Series
Continuing Education Specialist
Academic Coordinator
Academic Administrator
Appealable under APM 140

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