AFSCME Contract - MMB Home - Minnesota Management & Budget

B. Advance Notice. In the event a permanent layoff in the classified service of seniority unit
employees becomes necessary, the Appointing Authority shall notify the Union and the Local
Union President of the classification(s), number of positions and the employment condition(s) to
be eliminated at least thirty (30) calendar days whenever practicable, but at least twenty-one
(21) calendar days prior to the effective date of the anticipated layoff. At least twenty-one (21)
calendar days prior to the effective date of the layoff, the Appointing Authority shall give written
notice of the layoff, including the reason(s) therefor and the estimated length of the layoff
period, to all affected employee(s) and to the Local Union President. The Appointing Authority
may establish a date, no more than seven (7) calendar days prior to the effective date of the
layoff, by which employees must choose the layoff option they will exercise. This date shall be
indicated in the written notice of the layoff.
The written notice of a permanent layoff shall include a list of existing and anticipated vacant
positions that an employee may accept in accord with Section 3D of this Article, a statement
explaining the procedure to contact Minnesota Management & Budget to apply for vacant
positions, and notice of the need to indicate interest in temporary work. The written notice of a
permanent layoff shall also include a general reference to the employee's claiming rights. The
Appointing Authority shall provide the employee with information needed to apply for
unemployment insurance and forms for continuing insurance coverage and forms to indicate
availability for class and seniority unit recall.
C. Layoff Notification. The Appointing Authority shall send a layoff notice to the employee in the
position to be eliminated. The layoff notice shall be provided to the employee in person
whenever practicable and shall otherwise be sent by priority mail. At the Appointing Authority’s
discretion, an employee under notice of permanent layoff may be granted up to one hundred
and sixty (160) hours of paid leave, ending at the date of layoff. Hours of leave may be granted
at any time throughout the layoff notice period and shall not be subject to the Application and
Reinstatement provisions of Article 10.
Upon request, an Appointing Authority shall provide an employee on notice of layoff assistance
in searching for State employment.
Provisional, temporary and emergency employees shall be terminated before any layoff of
probationary or permanent employees in the same class, employment condition and
geographic location/principal place of employment.
Provisional employees shall be separated in inverse order of the date of their provisional
appointment.
D. Procedure. The following provisions are all subject to the conditions for bumping or accepting
vacancies which are contained in Section 3E. In all cases, the employee exercising an option
is restricted to those positions within the same seniority unit (except in Option 3g, claiming).
Employees may only bump within the same employment condition (except in Options 3f and h).
Employees may be offered vacancies within their seniority unit in a different employment
condition. However, the employee’s refusal to accept a vacancy in a different employment
condition shall not result in the forfeiture of other layoff options. For layoffs related to Unit 6
positions, refer to both this Article and Appendix P for an explanation of “position-qualified.”
1. The employee in the position to be eliminated shall either:
2013-2015 AFSCME Contract – Page 35