429.10 Purpose

The purpose of this procedure is to define the process governing reduction-in-force and the lay-off of classified employees due to a lack of funds, lack of work, and/or good faith organizational change for efficiency purposes.

429.20 Definitions

  • 429.20.1 Appointing Authority

    The Board of Trustees of Seattle College District VI delegates to the Chancellor (or any acting Chancellor or interim Chancellor) the appointing authority for the college presidents and the District Office (Siegal Center). The Chancellor of Seattle College District VI designates, and the Board of Trustees delegates to the college presidents (or any acting college president or interim college president) and District vice chancellors (or any acting vice chancellor or interim vice chancellor) the appointing authority for their respective colleges and functional areas. RCW 28B.50.060.

  • 429.20.2 Class

    One or more positions sufficiently similar with respect to duties and responsibilities that the same descriptive titles may be used with propriety to designate each position allocated to the class; that the same tests of skills and abilities may be used to select employees, and that the same schedule of pay may be applied with equity to all positions in the class under the same or substantially the same employment conditions; that the same general qualifications are needed for performance of the duties of the class.

  • 429.20.3 Comparable Position

    A position which comprises the same percentage of work year, work week, required skills and abilities, knowledge, and program specialty is defined as a comparable position.

  • 429.20.4 Effective Date

    The date on which an action takes place is the effective date. (Example: an employee is informed on April 1 that s/he is to be laid off on May 1. The effective date of the action is May 1.)

  • 429.20.5 Layoff Seniority

    Layoff seniority is defined as the employees length of unbroken classified service. Authorized leaves of absence do not constitute breaks in service, but time spent on unpaid leave is not included in computing seniority, except as defined in the collective bargaining agreement.

    Permanent employees who are veterans with one or more year's 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.

  • 429.20.6 Layoff Unit

    Seattle College District is divided into five layoff units, as defined in the WFSE collective bargaining agreement:

    1. Siegal Center (District Office)
      1. Project employment
      2. All other non-supervisory WFSE classified
    2. North Seattle College
      1. Project employment
      2. All other non-supervisory WFSE classified
    3. Seattle Central College
      1. Project employment
      2. All other non-supervisory WFSE classified
    4. South Seattle Community College
      1. Project employment
      2. All other non-supervisory WFSE classified
    5. Seattle Vocational Institute
      1. Project employment
      2. All other non-supervisory WFSE classified
  • 429.20.7 Less-Than-Comparable Position

    A position which comprises a lesser percentage of the work week/year than the employee's current position, is a less-than-comparable position.

429.30 Layoff Procedures

  • 429.30.1 The appointing authority within a layoff unit shall determine the position(s) which will be eliminated during a reduction-in-force, and shall inform the Chef Human Resources Officer that determination.
  • 429.30.2 The Chief Human Resources Officer shall determine which employee(s) are scheduled for layoff in accordance with 429.40 and shall so inform the appointing authority. The Chief Human Resources Officer shall also determine what option rights those employees have, and whether those rights include the displacement of another employee. If so, the Chief Human Resources Officer shall also inform the appointing authority of this possibility.
  • 429.30.3 At least 30 calendar days before the effective date of the layoff action the appointing authority or designee shall:
    1. Inform the affected employee, both orally and in writing, of the upcoming reduction -in-force and of the reasons for abolishing that position.
    2. Inform the affected employee, in writing, of any options to include class title(s), but not position description(s), of any options which may exist in lieu of layoff, and of layoff lists on which the employee may be placed;
    3. Distribute the above written notice as follows:
      • Original - to employee
      • 1 copy - for organizational unit files
      • 1 copy - for Chief Human Resources Officer
      • 1 copy - for union representative (where applicable)

      If the employee is unavailable to receive such information orally (i.e. on vacation, leave, etc.) a written notice will suffice. Such written notice shall be furnished directly to the employee during his/her scheduled working hours or mailed by certified letter to the employee's last known address.

      If notification is furnished directly to the employee, the day it is furnished shall not be counted as a day of notice. If notification is mailed, the day of mailing shall not be counted as a day of notice, and the notice shall be considered to be received the day after it is postmarked.

  • 429.30.4 Upon receipt of the above written notice, the Chief Human Resources Officer shall:
    1. Ensure that the options provided the employee are complete and accurate;
    2. Provide the affected employee with a copy of the following:
      1. SCD Reduction-In-Force procedures
      2. Information regarding statewide layoff lists
      3. Written notice of the right to appeal
  • 429.30.5 Upon being informed of the impending layoff, the affected employee shall have five (5) calendar days in which to select an option and to inform in writing the appointing authority or designee thereof, or to elect to be laid off and/or placed on the appropriate institution-wide layoff list(s).
  • 429.30.6 If the employee's option include the possibility of taking other position(s), the employee may express a particular interest in such position(s) and request additional information about it (them) from the appointing authority of designee within the five (5) day option period.
    1. The appointing authority or designee will give the employee any information s/he has about the position(s) in question. Such appointing authority shall be responsible for ensuring the accuracy of the information.
    2. If such a position is currently filled, the appointing authority or designee shall inform the incumbent both orally and in writing (unless the employee is on leave, vacation, etc. - then written notice will suffice) that an employee who is being laid off is particularly interested in his/her position, and that it is therefore possible that s/he will be displaced.
  • 429.30.7 If an employee does not respond to notification of available options within five (5) calendar days, it will be considered that s/he wishes to accept layoff and be placed on the appropriate layoff lists.
  • 429.30.8 The appointing authority shall inform the Chief Human Resources Officer of the employee's decision by forwarding a copy of the employee's response, and shall give the employee at least fifteen (15) calendar days written notice of the official elimination of the employee's position and the effective date thereof.

429.40 Order of Layoff

  • 429.40.1 Once the decision has been made to eliminate a given position within a layoff unit, layoff of affected permanent employees will be made in accordance with the collective bargaining agreement.

429.50 Options in Lieu of Layoff within Layoff Unit

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.

  • 429.50.1 Options shall first be offered permanent status employees in comparable positions as follows:
    1. Classes for which the employee meets any skills and abilities requirements;
    2. Comparable positions that are in:
      1. Classes in which the employee currently holds or has 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.

        The employee may exercise either option provided that the employee being replaced is the least senior in a comparable position in the class and has less layoff seniority than the employee replacing him/her. A vacant position, if available, should be considered to be the position in the class held by the least senior person. The employee may elect to have access to less-than-comparable positions by so notifying the Chief Human Resources Officer in writing.

  • 429.50.2 Permanent employees who have no available options as described above will be offered at least three positions from the highest available classes within the layoff unit (unless the total available is less than three) provided that any positions offered must be:
    1. At the same level or lower than the class from which the employee is being laid off;
    2. Vacant or held by provisional, temporary or probationary employee, and;
    3. In a class for which the employee being laid off meets the minimum qualifications and possesses the required skills and abilities for the position.

429.60 Limitations to Layoff Options.

  • 429.60.1 In order to be offered a layoff option, the employee must possess the skills and abilities called for in the position.
  • 429.60.2 In a layoff action involving a position for which a particular sex is a bonafide occupational qualification, as approved by the Washington State Human Rights commission, the most senior employee meeting the occupational requirements will prevail.

429.70 Right to Appeal

Any permanent employee who is laid off shall be notified in writing of the right to appeal that action to the Personnel Appeals Board. Such application must be made in writing, and must be filed with the Personnel Appeals Board, within 30 calendar days after the effective date of the action being appealed.

429.80 Layoff Lists

  • 429.80.1 Upon the employee's request, or if no other options are exercised, the affected employee's name shall be placed on a District-wide layoff list for all classes in which s/he has held permanent, probationary or trial service status which have the same or lower salary range maximum as the current class held. This will be done provided that the employee has not been rejected, reverted, dismissed, or demoted from such class. Employees' names will also be placed on layoff lists for all lower classes in the same class series.
  • 429.80.2 Rank of layoff list is according to layoff seniority with the most senior employee first in rank.
  • 429.80.3 Names remain on District-wide layoff lists for two years or on special employment program layoff lists for one year, and may be extended for one additional year by written request to the Chief Human Resources Officer.
  • 429.80.4 Certification from a District-wide layoff list is on a rule-of-one basis (i.e., only one person may be certified off the list at any one time).
  • 429.80.5 Upon acceptance of an option or appointment from a list, an employee's name 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.
  • 429.80.6 Eligible certified from District-wide layoff lists shall be reemployed in preference to all other eligible.

Companion Document : Pol
Adoption Date : 1985/07/28
Revision Date : 2017/03/03