Ohio Admin. Code 3337-3-21 - Classified employees job abolishment and layoff on basis of seniority

(A) Background. Amended Substitute Senate Bill 243, which became law in July, will have significant influence on the university's procedures regarding job abolishment and layoff. This bill amends appropriate sections of the Ohio Revised Code relative to appealing job abolishments. It provides that layoffs or job abolishments are to be made on the basis of seniority.

(B) Right to appeal. The state personnel board of review shall hear appeals of employees in the classified service relative to reduction in pay or position, job abolishments, layoff, suspension, discharge, assignment or reassignment to a new or different position classification. The board may affirm, disaffirm or modify the decision and the decision of the personnel board of review is final

(C) Layoff jurisdictions. The state of Ohio consists of four types of layoff jurisdictions:

(1) district,

(2) county,

(3) university and

(4) institutional.

Each of the layoff jurisdictions is an autonomous unit and layoff procedures will apply only to the jurisdiction affected by the layoff. Ohio university is an autonomous layoff jurisdiction.

(D) Retention points. Retention points, to reflect systematic consideration of seniority and relative efficiency for all employees, will be assigned by the Ohio university personnel department. Seniority is determined by the length of continuous university service. Continuous service is not interrupted by an approved leave of absence; by a layoff of less than twelve months; or by military leave or disability termination, provided reinstatement to university employment is properly accomplished. Retention points will be determined as follows: Each full-time classified employee will receive six retention points for each year of continuous university service (one-half retention point per month). The employee will receive one additional retention point or ten per cent of total points, whichever is less, for "satisfactory performance" as evidenced by successful completion of the initial probationary period. Example: an employee with ten years of service will have sixty-one retention points (10 x 6 = 60 + 1 = 61). If one of two employees with equal retention points must be laid off, the employee with the greatest university seniority will be retained. If one of two employees with equal retention points and equal university seniority must be laid off, the employee with high average on the two most recent performance evaluations will be retained. If two (or more) employees are still equal after applying the above procedures, their names will be arranged alphabetically by last name.

(E) Order of layoff. When a layoff is necessary, the appointing authority will decide in which classification or classifications the layoff(s) will occur and the number of employees to be laid off within each affected class. Intermittent, probationary, part-time and seasonal employees will be laid off before permanent, full-time employees. The layoff within the classification will proceed by laying off the employee(s) with the least number of retention points within the classification.

(F) Displacement. A laid off employee in the classified service has the right to displace the employee with the least retention points in a lower classification in the same classification series. A classification series is any group of classification titles that has the identical name but different numerical designations (cook I, II and III for example) or identical titles except for designated levels of supervision (custodial worker II and custodial work supervisor for example). Any employee displaced by an employee shall have the right to displace another employee in a lower classification of the same classification series if he has more retention points. This procedure shall continue until the employee with the least retention points in the lowest classification of the classification series has been reached and, if necessary, laid off.

(G) Recall. Employees who have been laid off will be placed on appropriate layoff lists by classification title. Those employees with the most retention points will be placed at the top of the recall list followed by employees ranked in descending order. An employee who is laid off will remain on the recall list for a period of one year from the layoff date. Employment will be terminated if an employee is not recalled within one year or refuses a recall assignment.

(H) Summary. Much of the new state procedure is similar to our previous layoff procedures. However, there are two basic differences as follows:

(1) University seniority is now the dominant seniority in determining layoffs. In any classification series, the employees who have been with the university the longest will have the most retention points.

(2) Laid off employees may now move across department lines to displace more junior employees in the same classification series in another department. Although a layoff situation may originate in one department, the eventual layoff will be within a classification series over the entire university.

Notes

Ohio Admin. Code 3337-3-21

Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978