Local 3141 - Department of Revenue

Layoff Language

ARTICLE 15 - LAYOFF AND RECALL
Section 1. Layoff. An Appointing Authority may lay off an employee by reason of abolition of the position, shortage of work or funds, or other reasons outside the employee's control which do not reflect discredit on the service of the employee.


Any reduction in hours of a less than full-time employee, except for intermittents, which would place the employee outside the bargaining unit shall constitute a layoff and shall be implemented in accord with the provisions of this Article.

Section 2. Labor-Management Cooperation. When an Appointing Authority initiates a planning process or management study which is anticipated to result in layoff, the Appointing Authority will meet and confer with the Local Union during the decision planning phase and again during the implementation planning phase. The Appointing Authority and the Local Union shall enter into negotiations regarding a Memoranda of Understanding upon request of either party to modify this Agreement regarding the implementation plans which shall include, but are not limited to, the following:


Length of layoff notice; Job and retraining opportunities; Alternative placement methods; Early retirement options pursuant to M.S. 43A.24, Subd. 2(i); Bumping/vacancy options for part-time employees to preserve their insurance eligibility or contribution; and Other methods of mitigating layoff or their effect on employees. Section 3. Permanent Layoff.
A. Determination of Position(s). The Appointing Authority shall determine the position(s) in the class or class option, if one exists, and employment condition and work location which is to be eliminated.

B. Advance Notice. In the event a permanent layoff in the classified service of seniority unit employees becomes necessary, the Appointing Authority shall notify the Union and the Local Union President of the classification(s), number of positions and the employment condition(s)
to be eliminated at least thirty (30) calendar days whenever practicable, but at least twenty-one (21) calendar days prior to the effective date of the anticipated layoff. At least twenty-one (21) calendar days prior to the effective date of the layoff, the Appointing Authority shall give written notice of the layoff, including the reason(s) therefor and the estimated length of the layoff period, to all affected employee(s) and to the Local Union President. The Appointing Authority may establish a date, no more than seven (7) calendar days prior to the effective date of the layoff, by which employees must choose the layoff option they will exercise. This date shall be indicated in the written notice of the layoff. The written notice of a permanent layoff shall include a list of existing and anticipated vacant positions that an employee may accept in accord with Section 3D of this Article, a statement explaining the procedure to contact Minnesota Management & Budget to apply for vacant positions, and notice of the need to indicate interest in temporary work. The written notice of a
permanent layoff shall also include a general reference to the employee's claiming rights. p>
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