AVSTA CSEA-CONTRACT-April 12, 2023

ARTICLE XVIII

LAYOFF AND REEMPLOYMENT

18.0

Reason for Layoff: Layoff shall occur only for lack of work or lack of funds.

18.0.1 Layoff for lack of work or lack of funds includes any reduction in hours of employment or assignment to a class lower than that which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff.

18.1

Order of Layoff:

18.1.1 When positions are discontinued or hours reduced for lack of work or lack of funds, bargaining unit employees shall be laid off in inverse order of seniority by job classification. Employees who have been employed the shortest time in the classification, plus higher classification shall be laid off first. 18.1.2 No permanent employee shall be laid off from any position while employees serving under probationary, emergency, provisional, limited term or substitute status are retained in positions in the same class.

18.2

Computation of Seniority:

18.2.1 Seniority for employees shall be determined by the number of hours the employee has been in a paid status, as a probationary and/or permanent employee with the Agency, excluding overtime, in the class or higher classes. The computation of hours in a paid status includes holiday, vacation days, hours worked during school recesses, unpaid illness leave or unpaid industrial accident leave or approved military leave.

18.2.2 Employees temporarily assigned into a higher class shall continue to accrue seniority in his/her regular class.

18.2.3 Hours in paid status shall not be interpreted to mean any service performed prior to entering into a probationary or permanent status in the classified service of the Agency except service in restricted positions as provided by the Education Code. 18.2.4 An employee shall not receive credit toward seniority for breaks in service. If after a break in service an employee is reinstated within thirty-nine (39) months credit shall be given for prior service. No credit shall be granted to employees reinstated after thirty-nine (39) month break in service. 18.2.5 If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be laid off will be made on the basis of the greater hire date seniority, and if that be equal, the determination shall then be made by lot.

18.3

Retirement in Lieu of Layoff:

18.3.1 In cases where an employee elects to retire in lieu of layoff, the Agency shall comply with provisions of the Education Code.

18.4

Notification of Layoff:

18.4.1 When it becomes necessary to reduce the number of unit members, the Agency must give notice to the Board and the affected employees no later than March 15, that it has been recommended that the notice be given to the employees and that their service will not be required for the following school year due to lack of work or lack of funds, and inform the employee of the employee’s displacement rights, if any, and reemployment rights. An affected employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year.

18.4.2 The notice and hearing rights does not apply to classified positions that are eliminated as a result of

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