Layoff Rights for UPTE-CWA Represented Employees


How to use the new right to severance pay:
You have two choices to make if you receive a notice of layoff. You can either take up to 16 weeks of severance pay and in lieu of your re-hire rights or you can receive up to 8 weeks of severance and retain your re-hire rights.

You must inform the University of your choice in writing within 14 days of receiving your layoff notice. If you do not notify them, they will assume you desire the reduced severance with re-hire rights. Your choice is irrevocable.

Below you will find a detailed description of each option and a check list of measures you should take upon receiving your layoff notice. (contact 310-443-5484 or 510-704-8783)

Layoff Options

Option 1: Up to 16 weeks severance pay in lieu of re-hire rights

You will receive 1 week of severance pay for each full year of service credit up to a maximum of 16 weeks. If you work part time, you only accrue service credit at the rate equal to the percentage of your appointment, just like retirement service credit.

If you take this option and do get reemployed at the University, you will have a break in service. This means that you will lose previously accrued sick leave. This may also impact your retirement benefits if you do not retire within 120 days after your last day at work prior to the layoff. Medical coverage included in the retirement benefits are dependent on having 10 years of service prior to retirement and you may have to start accruing this again. If reemployed you will also lose your previous years of seniority if your laid off again.

If you are re-hired to a career position in a period of time shorter than the weeks that you received severance pay for, you will have to pay the "unused" severance pay at the rate of pay of your new job. You will have to work out a repayment plan before you go back to work.

Option 2: Up to 8 weeks severance pay with re-hire rights

You will receive severance pay and preferential rehire and recall rights according to the following schedule:

Severence:
0 to 5 years service no severence pay
5 to 13 years service 4 weeks severence pay
Over 13 yeras service 8 weeks severence pay

Preferential Rehire and Recall Rights:
0 to 5 years service 1 year
5 to 10 years service 2 years
Over 10 yeras service 3 years

Recall rights commit the University to re-hire you for any active vacant career position for which you are qualified if the position is the same classification and department from which you were laid off. You must submit an application for the open position and indicate that you wish to exercise your recall rights.

Preferential rehire rights commits the University to re-hire you for an active vacant career position at the same campus, same or lower salary, same bargaining unit and same or lesser percentage of time. You can only be denied if you do not substantial meet the qualifications. The University must provide the reason for any denial of preferential rehire. You must submit an application for the open position and indicate that you wish to exercise your recall rights. If the University denies your rehire rights, immediately contact UPTE so that we can help you evaluate the legitimacy of the reason.

The University must provide you with the means to find out about active vacant career positions. Each campus has an electronic job bulletin and a posted listing for your review at the human resources office. Many campuses also have phone in job bulletins and television advertisements on UC television channels. We have attached the posting details for your campus on a separate sheet of paper.

Checklist for Laid Off Employees
  1. Draft a resume for future UC jobs.

  2. Get letter of recommendation from your current supervisor.

  3. Call human resources to activate your preferential rehire rights. You will be asked to specify the types of UC positions you are interested in pursuing and for a description of your job skill and qualifications.

  4. Identify the best means for you to obtain job postings for new jobs. Each campus has job postings on the campus web site and in paper copies at the human resources office. Some campuses also have call in job bulletins and dedicated television coverage announcing openings.

  5. If you are a vested employee and at least 50 years old, you must retire within 120 days of the effective date of your layoff to receive your defined retirement benefits. Call your campus benefits coordinator and get all the forms and details.

    Even if you plan on getting another UC job at a later time, you must retire within this 120 day limit to be guaranteed the benefits. If you retire and get another career UC position, you can un-retire and start to accrue additional service credit. If you take a new job, your eligibility for benefits will be based on the 1990 rules even if your initial hire was prior to 1990. Under the pre-1990 eligibility rules both you receive benefits after 10 years service if you retire between the age of 50 and 54 and after 5 years service if you are older than 55 when you retire. Under the 1990 eligibility rules, you get 50% of your medical paid after 10 years and an additional 5% for year of service after that up to 100% after 20 years of service.

    If you chose to not retire and you do obtain another UC position, your eligibility for retirement benefits will be based on the years of service you accrue after your break in service. This could well mean that your will forfeit your retirement benefits!

    If you retire and come back as a limited-appointment (casual) employee, you can continue to receive your retirement annuity and benefits but your working hours will be limited to less than 1000 hours in a 12 month rolling period (47%).

  6. Apply to all jobs that you are eligible for and desire.

  7. Contact your local UPTE representative if you have additional questions and remember you do have the right to grieve a layoff if your layoff has violated the contract. You can also challenge decisions to not re-hire you under recall and preferential rehire.