AFSCME Contract - MMB Home - Minnesota Management & Budget

5. When a vacancy exists in a class into which the employee has a right to bump and which is
in the employee’s current employment condition, the employee must accept the vacancy
prior to exercising the option to bump except Option D1a.
6. If more than one employee (must be position-qualified if Unit 6) opts to fill a vacancy or
bump another employee, the employee with the greater Seniority (Classification Seniority or
State Seniority whichever is applicable) shall have priority in exercising that option.
7. When two (2) or more employees in the same class (or class option) and employment
condition are being simultaneously laid off, the Union and the Appointing Authority may
mutually agree to selection of layoff options among the affected employees.
8. Any non-temporary employee bumped pursuant to this Section shall be laid off in accord
with Section 3A - D of this Article.
The Appointing Authority need not consider bids by employees for vacancies if acceptance of a
bid would create a layoff or a bumping situation nor a bid from an employee in a different
employment condition if acceptance of the bid would prevent the recall of an employee from the
Seniority Unit Layoff List laid off from the same class, employment condition, and location.
F. Junior/Senior Plans. When layoffs take place in the senior class of a Junior/Senior Plan, as
defined by the Employer, and the employee demotes or bumps to the junior class as provided
in the layoff procedure, the junior position shall simultaneously be reallocated to the senior
class, provided that the employee is qualified for the reallocation under the terms of the
Junior/Senior Plan.
G. Rights of Employees Returning to the Bargaining Unit. Employees who have accepted
positions in a bargaining unit not represented by the Union or positions excluded from any
bargaining unit shall have bumping rights into a position in a bargaining unit represented by the
Union in a class in which the employee previously served and for which the employee is
determined to be qualified by the Employer only under the following conditions:
1. The employee may bump only into a position under the same Appointing Authority. For
purposes of this Section only, Appointing Authority in the Department of Transportation is
the same as seniority unit.
2. The employee shall have exhausted all bumping rights within his/her own bargaining unit
or, if not in a bargaining unit, within the applicable framework.
3. The employee shall fill a vacancy in a class in which he/she has previously served or for
which he/she is determined to be qualified by the Employer and for which there are no
bidders prior to bumping any employee in a bargaining unit represented by the Union.
Employees in bargaining units represented by the Union shall be able to fill a vacancy prior
to the vacancy being filled by an employee from a bargaining unit not represented by the
Union.
All bumps under this part are subject to the general conditions provided for in this Article.
H. Layoff Lists.
1. Seniority Unit Layoff List. The names of employees who have been laid off or have
accepted a demotion or another employment condition in lieu of layoff, or been demoted as
a result of a reallocation, shall be automatically placed on a Seniority Unit Layoff List for the
seniority unit, class (or class option), geographic location and employment condition from
which they were demoted, laid off or reallocated downward, in the order of their
Classification Seniority (State Seniority for Units 4 and 6).
2013-2015 AFSCME Contract – Page 39