Everett Community College

Layoff Procedures for Classified Staff

Classified employees scheduled for lay off will receive timely notification and proper communication of their rights and options. All classified lay-offs will be based on lay off seniority as defined in WAC 251-04-020.

Reductions in force due to lack of funds or lack of work may result in layoff of employees. Layoffs from special employment programs may also be due to the salary or longevity requirements of Public Law 95-524. All layoffs will be made in conformance with these procedures. WAC 251-10-030(1)035(2)

When it is known that layoffs will occur, employees scheduled for layoff shall receive written notice of any available options in lieu of layoff. The personnel officer will provide:

1. A copy of Everett Community College's reduction-in-force procedure

2. Available options in lieu of layoff

3. Special layoff lists upon which each employee may be placed, duration of such lists, and returning employee provisions.

4. Information regarding statewide layoff lists

5. Right to appeal layoff

6. Signature of appointing authority WAC 251-10-030(3), (9)

Layoff Units

For purposes of layoff, the classified staff of Everett Community College will be considered as two units:

1. Special Employment Programs (CETA, etc.)

2. All other classified employees

Order of Layoff 

When it is established that a reduction-in-force is impending, the personnel officer will ascertain the number of positions to be vacated in each class, and determine which employees are to be laid off in accordance with the following order of layoff:

1. Emergency, temporary or intermittent employees

2. Provisional or probationary employees

3. Permanent status employees

Within a class, layoff of permanent status employees will be in order of their layoff seniority with the employee having lease seniority being the first laid off. WAC 251-10-030(2)

Layoff Seniority 

Layoff seniority is the last period of unbroken service in the classified service of Everett Community College. Authorized leave of absence do not constitute breaks in service, but time spent on unpaid leave is not included in computing seniority, except where required by statute or in the case of positions established on the basis of an instructional year. WAC 251-04-020

Veterans Retention Preference

Permanent employees who are veterans with one or more years active service, or veterans with less than one year active service discharged for disability or the convenience of the government, and who have a discharge other than dishonorable, undesirable or for bad conduct, shall receive layoff seniority credit for their total military service up to five years. Unmarried widows or widowers of such veterans also shall be entitled to layoff seniority credit for their spouse's active military service, regardless of the length of such service. The provisions for veterans retention preference do not apply to veterans retired with 20 or more years active service whose military retirement pay exceeds $500 per month. WAC 251-10-045

Options in Lieu of Layoff
 
Within a layoff unit, permanent status employees who are scheduled for layoff may be entitled to exercise one of several options in lieu of layoff. Upon being advised in writing of available options, the employee shall have at least three working days to select an option or to accept layoff and be placed on the appropriate layoff lists. WAC 251-10-030(3)

Written notice of at least fifteen calendar days will be given to the employee after he/she has selected one of the options or upon completion of the option period. WAC 251-10-030(4)

A. Options shall first be offered permanent status employees in comparable positions in:

1.      Classes in which the employee previously held permanent status, having the same or lower salary range maximum as the current class,

2.      Lower classes in the same series, for which the employee is qualified.

3.      The above options must be to the comparable position which is vacant or in which the employee being replaced has least seniority, and has less seniority than the person replacing him or her. Comparable positions are those having the same salary, hours and geographic location. WAC 251-10-030(5)

B. Permanent employees who have no available options as described above will be offered in writing at least three positions from the highest available classes, or the total available if less than three. Positions offered must be:

1.      At the same level or lower than the class from which being laid off: and

2.      Vacant or held by a provisional temporary or probationary employee; and

3.      In a class for which the employee meets minimum qualifications and can pass a qualifying examination.

Such appointments cannot be made prior to passing the examination, and will be trial service appointments.

 Note: The provisions of Section B do not apply to Special Employment Program Employees. WAC 251-10-030(6)

Notification and Appeal
 
If an employee does not respond to notification of available options within three working days, it will be considered that he or she wishes to accept layoff and be placed on the appropriate layoff lists. Upon selection of an option or expiration of the option period, the Personnel Director will give the employee at least 15 calendar days notice of layoff or reduction.

An employee who wishes to appeal layoff to the HEPB must do so in writing. Any such appeals are to be filed with the Director, HEPB in Olympia, within 30 calendar days after the effective date of the action appealed. WAC 251-12-080

Layoff Lists

Upon the employee's request, names of employees laid off will be placed on the layoff list for all classes in which the employee has had permanent, probationary or trial service status which have the same or lower salary range maximum as the current class unless the employee has been rejected, reverted, dismissed or demoted from such a class. Employees' names will also be placed on layoff lists for all lower classes in the same class series. WAC 251-10-055(1)

Rank on layoff lists is according to layoff seniority with the most senior employee first in rank. Names remain on institution-wide layoff lists for two years or on special employment program layoff lists for one year. Prior to the expiration date, employees shall be given the opportunity to extend eligibility for one additional year by written request to the personnel officer. WAC 251-18-180(1) WAC 251-18-190(1)

Upon acceptance of an option or appointment from a list, employees' names will be removed from all layoff lists for positions with the same or a lower maximum salary, except the particular class from which laid off. Names will be removed from layoff lists upon retirement, resignation, or dismissal from the college. Refusal of three offers of employment from such a list will constitute good and sufficient reason for removal from a layoff list as provided by WAC 251-10-055(5).

Recall from Layoff

When vacancies are to be filled, certification will be made from the appropriate institution-wide layoff list prior to certification from any other list. Certification from special employment layoff lists will be made following exhaustion of the promotional list. WAC 251-18-180(1), (4)

Recall from the layoff lists will be made in order of layoff seniority, with the most senior employee the first to be recalled. Upon return from layoff employees will be credited with the same appointment status, salary step, seniority and sick leave accrual held at the time of layoff. Their prior periodic increment date will be extended by an amount of time equal to the period of layoff. WAC 251-18-180(1) WAC 251-18-290

Adopted September, 1981