The agency's layoff unit configuration affects both the layoff process and certification of preferred lists. All mandated layoff activities (such as vertical bumping and retreat) occur within the defined layoff unit. When a preferred list is certified, preferred list eligibles from the layoff unit where the job is being filled have greater reinstatement rights than those from other layoff units.
While changes in an agency's layoff unit configuration are infrequent, they may occur when the agency is significantly restructured in some way, such as consolidation of agencies, closure of or addition of facilities or regional offices, or major programmatic changes. Employee organizations must agree to any changes. It is evident, therefore, that the need for such changes must be anticipated and they cannot be implemented precipitously.
It is critical to the administration of the layoff and preferred list certification processes that the Department of Civil Service be involved when an agency's layoff unit configuration may change. This Department has the technical and legal expertise to advise agency management regarding the complex issues involved. In addition, this Department must amend President's Regulation 72.1, which lists agency layoff unit configurations.
Any proposal that restructures an agency's layoff unit structure must provide that:
Before any employee organizations are invited to discuss layoff unit options, the agency must contact the Director of Staffing Services and Deputy Director for Negotiations of the Governor's Office of Employee Relations in writing, about the changes they are considering. Once this Department has given conceptual approval, agencies should then contact the headquarters and local offices of the affected employee organizations.
When a draft memorandum of understanding describing the new layoff unit configuration has been developed, it must be submitted to the Director of Staffing Services for review, with a copy forwarded to the Deputy Director for Negotiations at GOER. Once the draft is approved, the agency will obtain the appropriate labor/management signatures and forward signed copies to the Director of Staffing Services and the Deputy Director for Negotiations at GOER. Upon receipt of the signed memorandum of understanding, this Department will advise the agency of the effective date of the change and amend President's Regulation 72.1.
Agencies may contact Reemployment Services Section at 457-3090 if additional information is needed.