AVSTA CSEA-CONTRACT-April 12, 2023

expiration of a “specifically funded position.” In this situation the classified employee is entitled to 60 days’ notice, which includes notice of any displacement rights to another position.

18.4.3 Employees laid off from a given class, or who have had their time assignment reduced, shall be notified by the Agency by certified mail of the layoff and the layoff process. Receipt of notice shall be deemed to be a date on which the certified letter was mailed to the employee at the employee’s last known residential address as listed with the Human Resources Department. 18.4.4 Employees desiring to exercise their option to “bump” shall submit their request in writing, either by personal delivery or via certified mail, to Human Resources Department within a three (3) working day period from the date the notice of layoff was mailed or the date of postmark on the envelope if the letter is returned marked, “undeliverable”, by the Post Office. The Human Resources Department shall date stamp written requests and provide a copy to the unit member. All bumping rights must be exercised by March 15 for layoffs occurring in the next school year. 18.4.5 An information/exit interview will be scheduled to take place prior to the effective date of layoff of each affected employee. An employee may be accompanied by THE ASSOCIATION representative. 18.4.6 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, nor layoff for lack of work resulting from causes not foreseeable or preventable by the Board of Directors, without the notice required in the above provisions.

18.4.7 The Agency shall request effects negotiations concurrently with the mailing of the notice of layoff.

18.4.8 This Article of the Agreement shall in no manner impede, preclude, prevent, or delay the layoff of classified employees by the Agency in accordance with the provisions of the Education Code; nor shall meeting and negotiating regarding the effects of a layoff in any manner impede, preclude, prevent, or delay the layoff of classified employees in the manner prescribed in the Education Code.

18.4.9 The Association has the right to challenge the decision to layoff unit members in a public session.

18.5

Displacement Rights of Employees:

18.5.1 A permanent classified employee laid off from his/her present class may bump into a classification for which the employee has seniority considering his/her seniority in the lower class plus any higher classes. The employee may continue to bump into classes in which he/she has seniority to avoid layoff. 18.5.2 If classification changes have been made in a class formerly occupied by an employee who has been laid off from a higher classification, the laid off employee may or may not have rights to the class. If additional training is needed due to significant changes to the formerly occupied job classification, the Agency will provide for reasonable training as needed. 18.5.3 A request for voluntary demotion to a lower class to avoid layoff does not guarantee bumping rights to the lower class unless the employee had prior service in that class. However, in the case of vacancies, the privilege of demotion shall be granted if the employee meets the minimum qualifications for that classification. The demoted employee will serve a probationary period in the new classification. 18.5.3.1 In the event the demoted employee is released from his/her probationary position the employee shall have reversion rights to the classification(s), including any layoff and reemployment rights, in which they held permanency or probationary status prior to the voluntary demotion. Additionally, where a demoted employee is released from his/her probationary position, the Agency shall not be required to re-issue to the employee his/her forty five (45) day layoff notice. This section shall not apply to a voluntary demotion that may occur as a result of the exercise of bumping rights in accordance with Section 18.5.1.

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