The Displacement Process

1. The Displacement Process University Human Resources March, 2009

2. TOPICS • Displacement Process • Retention Point Computation • Reinstatement Rights • Outplacement Services

3. Ohio University Policy #40.046OAC 123:1-41-01ORC 124.321 • Ohio University Policy 40.046, Layoff and Position Abolishment • Two sections of code govern the layoff and displacement process http://codes.ohio.gov/oac/124 http://codes.ohio.gov/orc • The university has the authority to reduce its workforce for any of the following reasons: • Lack of funds (decrease in funding or specific program). • Lack of work (decrease in workload). • Abolishment of specific position due to reorganization, reasons of economy or lack of work.

4. Lack of fundsOAC 123:1-41-02, ORC 124.321(B) • Lack of funds means a current or projected deficiency of funding in order to maintain current, or sustain projected levels of staffing and operations.

5. Lack of WorkOAC 123:1-41-02, ORC 124.321(C) • Lack of work means a current or projected decrease in the workload, which requires a reduction of staffing levels.

6. Abolishment of PositionsOAC 123:1-41-04, ORC 124.321(D) • Abolishment means the permanent deletion of a position from the organization due to a lack of continued need for the position. • Abolishments can be done for three reasons: • As a result of a reorganization for the efficient operation of the organization • Reasons of economy; or • Lack of Work

7. Notification • Between now and April 1, 2009, Classified employees are being INFORMALLY notified that their positions have been identified for abolishment. • OFFICIAL notification will be hand-delivered the first week of May, with a June 30, 2009 effective date. • Hiring Freeze • Holding Vacancies

8. Transfers • An employee whose position is targeted for abolishment may be transferred to an available vacancy. • This process will take place prior to the displacement of any other employee. • Transfer to same classification, same series or classification previously held within three years or similar classification with same pay grade, provided that employee meets the minimum qualifications. • No harm in pay. • May not result in promotion.

9. Notification letter • An employee is notified that his or her position has been eliminated • Explains your rights as a Civil Service Employee • Explains the displacement process • Your specific retention points • Five (5) calendar days from receipt of the notice to notify UHR, in writing, your intention to exercise displacement rights • Each campus is treated as a separate layoff jurisdiction

10. Order of Displacement • Within the classification • By filling an available vacancy in same classification • If no vacancy, may displace the employee in the same classification with the fewest retention points.

11. Order of Displacement • Within the classification series • By filling an available vacancy in the classification series. • If no vacancy, may displace the employee with the fewest retention points in the next lower, and, then successively lower classifications within the series until the employee with the fewest retention points in the lowest classification of the series has been reached and, if necessary, laid off.

12. Order of Displacement • Position certified in the last three (3) years • By filling an available vacancy • May displace the employee with the fewest retention points in the classification previously held, provided it is lower or equivalent and: • Employee held prior position in past three years • Employee still meets minimum qualifications, and • Employee completed original probationary period.

13. An employee may not displace an employee whose position requires special minimum qualifications unless the employee displacing to the position has the minimum qualifications. • The pay range following displacement is the pay range assigned to the classification into which the employee displaced. The rate of pay is in the pay range assigned to the new classification, which is equivalent or nearest to, but not exceeding, the employees current rate of pay.

14. Retention Points • Retention points are calculated on the employee’s current CONTINUOUS Ohio University service: the most recent hire date. • Overtime is not considered for purposes of computation. • Each employee receives a base of 100 retention points. • Each employee receives an additional point for each bi-weekly period as long as they are in active pay status.

15. FT-PT • Full-time employees earn 1 point per pay period • Part-time employees earn .5 point per pay period. • An employee in a full-time permanent position at any time during a pay period is considered to be full-time for the entire pay period.

16. Retention Points • Does not include breaks in service • Does not include time at other public entities • Retention points are different from your service credit for retirement purposes • Does not include student employment • Continues through promotions or other job changes as long as there is no break in service

17. Once OFFICIAL notices are delivered, UHR will prepare and post a list containing the names, dates of appointment, types of appointment, status, classification and retention points in each area potentially affected. The list will also indicate the positions that are being abolished. (OAC 123:1-41-20)

18. Definitions Classification • Refers to a type of position • Commonly referred to as position or job title • Examples include: • Administrative Assistants • Administrative Coordinators • Records Management Associate • Document Specialist

19. Definitions Classification Series • Refers to a series of jobs that perform similar work and use similar skills • Series is to define jobs that are related • List of classifications and series can be found under the “Comp” tab on the UHR website: http://www.ohio.edu/hr/comp/job_descriptions/classified.cfm

20. Example of Displacementwithin Administrative Series

21. RECALL RIGHTS • Employees who displace to a lower classification within their series will remain on a recall list to the classification and/or series for one year. • List is by classification and retention points.

22. Reinstatement Rights • Laid off employees will be placed on a recall list in descending order based on retention points for each classification in the classification series equal to or lower than the classification held at the time of layoff. • Reinstatement rights last for one year from the effective date of the layoff or displacement.

23. Reinstatement Rights • During this one year period, the University cannot hire or promote anyone into a position within the classification and classification series until all persons on the layoff list is exhausted. • Employees who do not exercise their option to displace will only be recalled to their specific classification. • Employees serving a probationary period at the time of displacement will start a new probationary period when recalled.

24. Employees are obligated to ensure UHR has current address and phone number.

25. Removal from Recall List • Accept or decline a position in the same classification and/or series • Employee must be able to return to work within 10 days of recall. Extenuating circumstances, extension not to exceed 60 days may be granted. • Employees who are laid off and reinstated do not lose university service credit.

26. Appeal Rights • Employees may appeal a layoff or displacement to the State Personnel Board of Review. Website: http://pbr.ohio.gov/ • Appeals must be filed or postmarked no later than 10 calendar days after the receipt of layoff notice or displacement notice.

27. Additional Resources • University Human Resources website: • www.ohio.edu/hr • Outplacement Services • Impact • Classified Senate Representatives

28. Contacts • Alexis Cline cline@ohio.edu 740-593-1644 • Gwen Brooks brooksgk@ohio.edu 740-593-1226 • Marlene Swartz swartzm@ohio.edu 740-593-4423