2019 - 2023 SEIU 1021 Memorandum of Understanding:   Article 20: Layoff and Restoration

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• 20.1 Layoff and Restoration – Water Agency
• 20.1.1 Layoff – Water Agency – Applicability
• 20.1.2 Layoff – Water Agency – Force Reduction
• 20.1.3 Layoff – Water Agency – Order of Layoff
• 20.1.4 Layoff – Water Agency – Displacement
• 20.1.5 Layoff – Water Agency – Restoration
• 20.1.6 Layoff – Water Agency – Appeals
• 20.1.7 Layoff & Restoration – Water Agency – Non-Grievability
• 20.2 Sonoma County Fair and Exposition, Inc. (SCF&E Inc.)
  
  • 20.2.1 Layoff – SCF&E, Inc. – Applicability
  • 20.2.2 Layoff – SCF&E, Inc. – Force Reduction
  • 20.2.3 Layoff – SCF&E, Inc. – Order of Layoff
  • 20.2.4 Layoff – SCF&E, Inc. – Displacement
  • 20.2.5 Layoff – SCF&E, Inc. – Restoration
  • 20.2.6 Layoff – SCF&E, Inc. – Appeals
  • 20.2.7 Layoff & Restoration – SCF&E, Inc. – Non-Grievability
• 20.3 Layoff and Restoration – General
  
  • 20.3.1 Layoff – General – Policy
  • 20.3.2 Layoff – General – Notice
  • 20.3.3 Layoff – General – Job Placement
  • 20.3.4 Layoff – General – Training
  • 20.3.5 Layoff – General – Severance Period
  • 20.3.6 Layoff – General – Medical Coverage
  • 20.3.7 Layoff – General – Salary Preservation
  • 20.3.8 Layoff – General – Early Retirement
• 20.4 Layoff and Restoration – Community Development Commission
  
  • 20.4.1 Layoff – Community Development Commission – Applicability
  • 20.4.2 Layoff – Community Development Commission – Force Reduction
  • 20.4.3 Layoff – Community Development Commission – Order of Layoff
  • 20.4.4 Layoff – Community Development Commission – Displacement
  • 20.4.5 Layoff – Community Development Commission – Restoration
  • 20.4.6 Layoff – Community Development Commission – Appeals
  • 20.4.7 Layoff & Restoration – Community Development Commission – Non-Grievability
• 20.5 Layoff and Restoration – Sonoma County Agricultural and Open Space District (SCAPOSD)
  
  • 20.5.1 Layoff – SCAPOSD – Applicability
  • 20.5.2 Layoff – SCAPOSD – Force Reduction
  • 20.5.3 Layoff – SCAPOSD – Order of Layoff
  • 20.5.4 Layoff – SCAPOSD – Displacement
  • 20.5.5 Layoff – SCAPOSD – Restoration
  • 20.5.6 Layoff – SCAPOSD – Appeals
  • 20.5.7 Layoff & Restoration – SCAPOSD – Non-Grievability
• 20.6 Consideration of Layoff

Read Next: Article 21: Grievance Procedure

20.1.1 Layoff – Water Agency – Applicability

The parties agree that the following layoff policy and procedures shall be applicable to employees of Sonoma County Water Agency who are covered by this Memorandum.

20.1.2 Layoff – Water Agency – Force Reduction

Employees shall be subject to layoff whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds.

20.1.3 Layoff – Water Agency – Order of Layoff

1. Layoff procedures shall be applied on a Water Agency-wide basis. Where appropriate, after meeting and conferring with the Union, the Agency may authorize that layoff procedures be restricted to employees of one or more divisions or small units of the Agency.
2. Whenever necessary to layoff one or more employees in the Agency, in a division or unit in which there is more than one employee in the class in which the layoff is necessary, employees shall be laid off in the following order:
   1. Extra Help and Provisional employees.
   2. Employees who have had their first merit increase extended or denied because of poor job performance.
   3. Full-time and part-time employees who have less than 1,040 hours of continuous County Agency service.
   4. Part-time and full-time employees with more than 1,040 hours of continuous County and Agency service.
3. Continuous County and Agency service in the class in which the layoff occurs or in any other class having the same or higher salary range shall be counted as service in the affected class. Employees with less total continuous County and Agency service in the affected class shall be laid off before those with greater total continuous County and Agency service in the affected class. Continuous part-time service shall be prorated on an hour-for-hour basis in its relationship to full-time work.
4. For purposes of this Section 20.1, continuous service means continuous employment by the County or Water Agency, whether with or without pay status.

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20.1.4 Layoff – Water Agency – Displacement

A full-time or part-time employee who is laid off and who has greater total continuous County and Agency service than another employee in the Agency in another class, with the same or lower salary range and in which class the employee previously occupied in good standing and for which the employee is qualified for certification, transfer or voluntary demotion, may elect to displace the junior employee in the Agency in the class in accordance with the rules on the order of layoff (Subsection 20.1.3). An employee who is displaced shall be laid off and replaced by the employee who displaces him/her. An employee who is displaced because of layoff may in the same manner displace an employee who is junior to him/her.

Should an employee have the right to displace in more than one class, the employee shall first displace in the class with the highest salary range.

20.1.5 Layoff – Water Agency – Restoration

1. Each person other than Extra Help or provisional who has been laid off or displaced from, or who has in lieu of layoff been demoted voluntarily from a position in which the employee occupied in good standing shall, in writing by certified mail, be offered restoration to a vacant position in the classification from which the employee was laid off, which the County determines to fill within two years after the date the employee is laid off or displaced. The Agency shall make a reasonable attempt to notify an employee who is eligible for restoration. If an employee cannot be reached within 30 calendar days, the right to restoration shall be forfeited. Should an employee not accept restoration within five (5) regular Agency business days after the receipt of the offer or should the employee decline to begin work within 15 regular Agency business days after the receipt of the offer, the employee shall be declared unavailable and shall forfeit the right to restoration unless further offer of restoration is granted by the General Manager.
2.  Whenever more than one person has been laid off and/or displaced in the same class in the Agency, the order of restoration shall be in reverse of the order of layoff. An employee, who has restoration rights in more than one class because of layoff or displacement in more than one class, shall have restoration rights in each of the classes from which the employee was laid off or displaced. Refusal to accept restoration in one class does not eliminate the right to restoration in the other class or classes.
3. Whenever a person is unavailable for restoration, the next senior person who is eligible for restoration shall be offered restoration in the same manner and under the same conditions. Should there be no person eligible and available for restoration, the position shall be filled by the Agency.
4. A person who has forfeited for restoration may, within 10 regular Agency business days after forfeiture, request in writing to the General Manager that the employee be considered for a further offer of restoration, should such occur within one year after layoff or displacement. The employee’s request shall contain a full explanation of the reason for the employee’s unavailability. Within 30 calendar days after the request is filed the General Manager shall either grant or deny the request. The General Manager may specify conditions under which the further offer of restoration may be granted.

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20.1.6 Layoff – Water Agency – Appeals

1. The Board of Directors of the Sonoma County Water Agency shall act as a separate and final hearing body for layoff appeals for all full-time and part-time employees. Extra Help employees have no appeal rights.
2. Implementation of a layoff decision may be appealed by an employee laid off; however, the decision to layoff may not be appealed.
3. Any formal written notice to a part-time or full-time employee stating that the employee is subject to layoff or layoff resulting from displacement may be appealed as follows:
   1. Within 10 regular Agency business days from the receipt of the notice, an employee may, within the provision of Subsection 20.1.6(b), appeal the action to the General Manager.
   2. Within five (5) regular Agency business days after receiving the appeal, the General Manager shall give a written decision to the employee.
   3. If the employee is not satisfied with the decision in Subsection 20.1.6(c)(2) above, the employee may, within five (5) regular Agency business days after receiving the decision, appeal the decision to the Agency’s Board of Directors.
   4. The Agency’s Board of Directors shall review an appeal resulting from Subsection 20.1.6(c) above, within 21 days. This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Subsection 20.1.5.

20.1.7 Layoff & Restoration – Water Agency – Non-Grievability

This Section 20.1 (20.1.1 through 20.1.7) is not grievable nor arbitrable.

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20.2.1 Layoff – SCF&E, Inc. – Applicability

The parties agree that the following layoff policy and procedures shall  be  applicable to employees of Sonoma County Fair and Exposition, Inc. (hereinafter referred to as SCF&E, Inc.) who are covered by this Memorandum.

20.2.2 Layoff – SCF&E, Inc. – Force Reduction

Employees shall be subject to layoff whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds.

20.2.3 Layoff – SCF&E, Inc. – Order of Layoff

1. Layoff procedures shall be applied on a Fairgrounds-wide basis. Where appropriate, after meeting and conferring with the Union, the Fair Manager may authorize that layoff procedures be restricted to employees of one or more divisions of the Fair.
2. Whenever necessary to layoff one or more employees in positions allocated by the Board of Supervisors at the Fair, in a division or unit in which there is more than one employee in the class in which the layoff is necessary, employees shall be laid off in the following order:
   1. Extra Help and Provisional employees.
   2. Employees who have had their first merit increase extended or denied because of poor job performance.
   3. Full-time and part-time employees who have less than 1,040 hours of continuous County and Fair service.
   4. Part-time and full-time employees with more than 1,040 hours of continuous County and Fair service.
3. Continuous County and Fair service in the class in which the layoff occurs or in any other class having the same or higher salary range shall be counted as service in the affected class. Employees with less total continuous County and Fair service in the affected class shall be laid off before those with greater total continuous County and Fair service in the affected class. Continuous part-time service shall be prorated on a hour-for- hour basis in its relationship to full-time work.
4. For purposes of this Section (20.2), continuous service means continuous employment by the County or Sonoma County Fair and Exposition, Inc., whether with or without pay status.

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20.2.4 Layoff – SCF&E, Inc. – Displacement

A full-time or part-time employee who is laid off and who has greater total continuous County and Fair service than another employee of the Fair in another class with the same or lower salary range, may elect to displace the junior employee of Fair in the class in  accordance  with  the  rules  on  the  order  of  layoff  (Subsection 20.2.3) if the employee previously occupied a position in the class in good standing and if the employee is qualified for transfer or voluntary demotion to the class. An employee who is displaced shall be laid off and replaced by the employee who displaces him/her. An employee who is displaced because of layoff may in the same manner displace an employee who is junior to him/her.

Should an employee have the right to displace in more than one class, the employee shall first displace in the class with the highest salary range.

20.2.5 Layoff – SCF&E, Inc. – Restoration

1. Each person other than Extra Help or provisional who has been laid off or displaced from, or who has in lieu of layoff been demoted voluntarily from a position which the employee occupied in good standing shall, in writing by certified mail, be offered restoration to a vacant position in the classification from which the employee was laid off, which Fair determines to fill within two years after the date the employee is laid off or displaced
   
   The Fair shall make a reasonable attempt to notify an employee who is eligible for restoration. If an employee cannot be reached within 30 calendar days, the right to restoration shall be forfeited. Should an employee not accept restoration within seven (7) days after the receipt of the offer or should the employee decline to begin work within 21 days after the receipt of the offer, the employee shall be declared unavailable and shall forfeit the right to restoration unless further offer of restoration is granted by the Fair Manager.
2. Whenever more than one person has been laid off and/or displaced in the same class at Fair, the order of restoration shall be in reverse of the order of layoff. An employee, who has restoration rights in more than one class because of layoff or displacement in more than one class, shall have restoration rights in each of the classes from which the employee was laid off or displaced. Refusal to accept restoration in one class does not eliminate the right to restoration in the other class or classes.
3. Whenever a person is unavailable for restoration, the next senior person who is eligible for restoration shall be offered restoration in the same manner and under the same conditions. Should there be no person eligible and available for restoration, the position shall be filled by Fair.
4. A person who has forfeited for restoration may, within 10 days after forfeiture, request in writing to the Fair Manager that the employee be considered for a further offer of restoration, should such occur within one year after layoff or displacement. The employee’s request shall contain a full explanation of the reason for the employee’s unavailability. Within 30 days after the request is filed the Fair Manager shall either grant or deny the request. The Fair Manager may specify conditions under which the further offer of restoration may be granted. 

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20.2.6 Layoff – SCF&E, Inc. – Appeals

1. The Sonoma County Fair Board shall act as a separate and final hearing body for layoff appeals for all full-time and part-time employees. Extra-help employees have no appeal rights. The Fair Board will hear any such appeal(s) unless and until Fair amends its by-laws to give to the Personnel Committee of the Fair Board the authority to hear such appeals. Any such by- laws amendment would not be subject to meet and confer.
2. Implementation of a layoff decision may be appealed by an employee laid off; however, the decision to layoff may not be appealed.
3. Any formal written notice to a part-time or full-time employee stating that the employee is subject to layoff or layoff resulting from displacement may be appealed as follows:
   1. Within 14 days from the receipt of the notice, an employee may, within the provision of Subsection 20.2.6(b), appeal the action to the Fair Manager.
   2. Within seven (7) days after receiving the appeal, the Fair Manager shall give a written decision to the employee.
   3. If the employee is not satisfied with the decision in Subsection 20.2.6(c)2 above, the employee may, within seven (7) days after receiving the decision, appeal the decision to the Fair Board.
   4. The Fair Board or Personnel Committee shall review an appeal resulting from Subsection 20.2.6(c) above, within 21 days.

This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Subsection 20.2.5.

20.2.7 Layoff – SCF&E, Inc. – Non-Grievability

This Section 20.2 (20.2.1 through 20.2.7) is not grievable nor arbitrable.

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20.3.1 Layoff – General – Policy

The parties agree that the following layoff policy and benefits shall be applicable to all regularly employed full-time and part-time employees of the County, Water Agency, Air Quality Control District, the Fair, and the Sonoma County Agricultural Preservation and Open Space District. Neither the layoff nor the decision to layoff shall be grievable or arbitrable.

20.3.2 Layoff – General – Notice

An employee may be laid off from his or her job class and regular County service three weeks (21 calendar days) after formal, written notice has been presented or mailed to the employee at his or her last known address with a copy to the Union.

20.3.3 Layoff – General – Job Placement

Prior to layoff, the County shall attempt to place employees in a vacant position. The employee must have received formal layoff notice and requested reassignment to another department. Attempted placement shall be conducted in accordance with the County’s Civil Service Rules. Job Placement under this Section shall not be grievable or arbitrable under this MOU but may be appealed to the Director of Human Resources for review.

20.3.4 Layoff – General – Training

The County shall work with the Human Services Department to offer job-training resources to employees about to be laid off.

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20.3.5 Layoff – General – Severance Period

An employee who has received a formal written layoff notice, and who is unable to displace another County employee or secure other regular County employment, may separate from County service fourteen (14) calendar days prior to the effective date of the layoff and receive his or her normal base salary for the hours he or she would normally be scheduled to work during that fourteen (14) day period.

This Subsection (20.3.5) shall not apply to employees appointed to a limited term/project position.

20.3.6 Layoff – General – Medical Coverage

For employees who continue to be laid off from County service, the County will make its usual medical insurance contribution for the first six pay periods following layoff and one half its normal contribution for the next six pay periods following layoff. Eligible employees will be offered the opportunity to continue coverage through COBRA. If/when this medical severance is offered concurrently with COBRA continuation coverage, the 18 month COBRA continuation period shall be extended by each month of medical severance coverage to a maximum of 24 total months.

20.3.7 Layoff – General – Salary Preservation

May be subject for consideration by the County but shall not be a mandatory subject of bargaining.

20.3.8 Layoff – General – Early Retirement

Early retirement credit in lieu of layoff is not subject to Article 23.

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20.4.1 Layoff – Community Development Commission – Applicability

The parties agree that the following layoff policy and procedures shall be applicable to employees of the Community Development Commission who are covered by this Memorandum.

20.4.2 Layoff – Community Development Commission – Force Reduction

Employees shall be subject to layoff whenever their positions are abolished, or whenever necessary because of lack of work or lack of funds.

20.4.3 Layoff – Community Development Commission – Order of Layoff

1. Layoff procedures shall be applied on a Community Development Commission-wide basis. Where appropriate, after meeting and conferring with the Union, the Commission may authorize that layoff procedures be restricted to employees of one or more divisions or small units of the Commission.
2. Whenever necessary to layoff one or more employees in the Commission, in a division or unit in which there is more than one employee in the class in which the layoff is necessary, employees shall be laid off in the following order:
   1. Extra Help and Provisional employees.
   2. Employees who have had their first merit increase extended or denied because of poor job performance.
   3. Full-time and part-time employees who have less than 1,040 hours of continuous County and Commission service.
   4. Part-time and full-time employees with more than 1,040 hours of continuous County and Commission service.
3. Continuous County and Commission service in the class in which the layoff occurs or in any other class having the same or higher salary range shall be counted as service in the affected class. Employees with less total continuous County and Commission service in the affected class shall be laid off before those with greater total continuous County and Commission service in the affected class. Continuous part-time service shall be prorated on an hour-for-hour basis in its relationship to full-time work.
4. For purposes of this Section 20.4, continuous service means continuous employment by the County or Community Development Commission whether with or without pay status.
5. A full-time or part-time employee appointed to a class with a Project or Limited Term designation by job classification (e.g.: Housing Rehabilitation Specialist - Project) may be exempted by the Executive Director from the order of layoff of the affected project or limited term class based on a continuing need for a specialized technical skill/skill mix combination. Such skill/skill mix shall have been determined by a written plan (project or recruitment/certification) prior to filling the position as an essential function inherent to the overall purpose of the job. The incumbent(s) must have been appointed based on the required specialized technical skill/skill mix.

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20.4.4 Layoff – Community Development Commission – Displacement

1. A full-time or part-time employee who is laid off and who has greater total continuous County and Commission service than another employee in the Commission in another class, with the same or lower salary range and in which class the employee previously occupied in good standing and for which the employee is qualified for certification, transfer or voluntary demotion, may elect to displace the junior employee in the Commission in the class in accordance with the rules on the order of layoff (Subsection 20.4.3). An employee who is displaced shall be laid off and replaced by the employee who displaces him/her. An employee who is displaced because of layoff may in the same manner displace an employee who is junior to him/her.
   
   Should an employee have the right to displace in more than one class, the employee shall first displace in the class with the highest salary range.
2. A full-time or part-time employee who is laid off and who has greater total continuous County and Commission service than another employee in the same department in the same job class with a project designation (e.g.: Housing Rehabilitation Specialist – Project), may elect to displace the junior employee in the project designated class. Should the junior employee in the class possess a required specialized technical skill/skill mix not possessed by the laid off employee, the next most junior employee in the project class shall be displaced.

20.4.5 Layoff – Community Development Commission – Restoration

1. Each person other than Extra Help or provisional who has been laid off or displaced from, or who has in lieu of layoff been demoted voluntarily from a position in which the employee occupied in good standing shall, in writing by certified mail, be offered restoration to a vacant position in the classification from which the employee was laid off, which the Commission determines to fill within two years after the date the employee is laid off or displaced. The Commission shall make a reasonable attempt to notify an employee who is eligible for restoration. If an employee cannot be reached within 30 calendar days, the right to restoration shall be forfeited. Should an employee not accept restoration within five (5) regular Commission business days after the receipt of the offer or should the employee decline to begin work within 15 regular Commission business days after the receipt of the offer, the employee shall be declared unavailable and shall forfeit the right to restoration unless further offer of restoration is granted by the Executive Director.
2. Whenever more than one person has been laid off and/or displaced in the same class in the Commission, the order of restoration shall be in reverse of the order of layoff. An employee who has restoration rights in more than one class because of layoff or displacement in more than one class, shall have restoration rights in each of the classes from which the employee was laid off or displaced. Refusal to accept restoration in one class does not eliminate the right to restoration in the other class or classes.
3. Whenever a person is unavailable for restoration, the next senior person who is eligible for restoration shall be offered restoration in the same manner and under the same conditions. Should there be no person eligible and available for restoration, the position shall be filled by the Commission.
4. A person who has forfeited for restoration may, within 10 regular Commission business days after forfeiture, request in writing to the Executive Director that the employee be considered for a further offer of restoration, should such occur within one year after layoff or displacement. The employee’s request shall contain a full explanation of the reason for the employee’s unavailability. Within 30 calendar days after the request is filed the Executive Director shall either grant or deny the request. The Executive Director may specify conditions under which the further offer of restoration may be granted.
5. Employees laid off from a project or limited term position have restoration rights for the specific project for which they were hired. Restoration rights shall not exceed the duration of the project or 24 months immediately following layoff whichever is less.

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20.4.6 Layoff – Community Development Commission – Appeals

1. The Board of Commissioners of the Community Development Commission shall act as a separate and final hearing body for layoff appeals for all full-time and part-time employees. Extra Help employees have no appeal rights.
2. Implementation of a layoff decision may be appealed by an employee laid off; however, the decision to layoff may not be appealed.
3. Any formal written notice to a part-time or full-time employee stating that the employee is subject to layoff or layoff resulting from displacement may be appealed as follows:
   1. Within 10 regular Commission business days from the receipt of the notice, an employee may, within the provision of Subsection 20.4.6(b), appeal the action to the Executive Director.
   2. Within five (5) regular Commission business days after receiving the appeal, the Executive Director shall give a written decision to the employee.
   3. If the employee is not satisfied with the decision in Subsection 20.4.6(c)(2) above, the employee may, within five (5) regular Commission business days after receiving the decision, appeal the decision to the Board of Commissioners.
   4. The Board of Commissioners shall review an appeal resulting from Subsection 20.4.6(c) above, within 21 days. This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Subsection 20.4.5.

20.4.7 Layoff – Community Development Commission – Non-Grievability

This Section 20.4 (20.4.1 through 20.4.7) is not grievable nor arbitrable.

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20.5.1 Layoff – SCAPOSD – Applicability

The parties agree that the following layoff policy and procedures shall be applicable to employees of the SCAPOSD who are covered by this Memorandum.

20.5.2 Layoff – SCAPOSD – Force Reduction

The General Manager may layoff an employee whenever it is deemed necessary because of lack of work or lack of funds or because of the abolishment of a position.

20.5.3 Layoff – SCAPOSD – Order of Layoff

Whenever it is necessary to layoff one or more employees, the General Manager shall identify which classification shall be subject to layoff. For purposes of this Section 20.5, within each such affected classification, continuous service shall be defined as continuous District service whether with or without pay status. If two employees in the same classification have equal time with the District, then time in the retirement system will be the next determining factor. Employees shall be laid off in the following order:

1. Extra Help and provisional employees.
2. Part-time and full-time regular employees who have less than 1,040 hours of continuous service in the affected classification.
3. Part-time and full-time regular employees with more than 1,040 hours of continuous service in the affected classification.

Within each of the foregoing three categories, employees with less total continuous service in the affected classification shall be laid off before those with greater total continuous service in the affected classification. “Continuous service in the affected classification” shall include continuous service in the affected classification or in any other classification having the same or higher salary range as the one in which the layoff occurred, provided that there was no break in service of more than two working days between the time the employee moved from such classification to the one from which he or she is being laid off. Continuous part-time service shall be prorated on an hour-for-hour basis in its relationship to full-time work.

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20.5.4 Layoff – SCAPOSD – Displacement

A full-time or part-time employee who is laid off and who has greater total continuous District service than another employee in the District in another class, with the same or lower salary range and in which class the employee previously occupied in good standing and for which the employee is qualified for certification, transfer or voluntary demotion, may elect to displace the junior employee in the District in the class in accordance with the rules on the order of layoff (Subsection 20.5.3). An employee who is displaced shall be laid off and replaced by the employee who displaces him/her. An employee who is displaced because of layoff may in the same manner displace an employee who is junior to him/her. Should an employee have the right to displace in more than one class, the employee shall first displace in the class with the highest salary range.

20.5.5 Layoff – SCAPOSD – Restoration

1. A regular employee who has been laid off from, or who has in lieu of layoff been demoted voluntarily from a position which the employee occupied in good standing shall, in writing by certified mail, return receipt requested, be offered restoration to a vacant position in the classification from employee was laid off, which the General Manager determines to fill within two years after the date the employee is laid off. The General Manager shall make a reasonable attempt to notify an employee who is eligible for restoration. If an employee cannot be reached within twenty (20) calendar days from the date such offer is mailed, the right to restoration shall be forfeited. Should an employee not accept restoration within five (5) regular business days after the receipt of the offer or should the employee decline to begin work within fifteen (15) regular business days after the receipt of the offer, the employee shall be declared unavailable and shall forfeit the right to restoration unless further offer of restoration is granted by the General Manager.
2. Whenever more than one person has been laid off and/or displaced in the same class in the District, the order of restoration shall be in reverse of the order of layoff. An employee, who has restoration rights in more than one class because of layoff or displacement in more than one class, shall have restoration rights in each of the classes from which the employee was laid off or displaced. Refusal to accept restoration in one class does not eliminate the right to restoration in the other class or classes.
3. Whenever a person is unavailable for restoration, the next senior person who is eligible for restoration shall be offered restoration in the same manner and under the same conditions. Should there be no person eligible and available for restoration, the position shall be filled by the District.
4. A person who has forfeited an opportunity for restoration may, within 10 regular District business days after forfeiture, request in writing to the General Manager that the employee be considered for a further offer of restoration, should such occur within one year after layoff or displacement. The employee’s request shall contain a full explanation of the reason for the employee’s unavailability. Within 30 calendar days after the request is filed the General Manager shall either grant or deny the request. The General Manager may specify conditions under which the further offer of restoration may be granted.

20.5.6  Layoff – SCAPOSD – Appeals

1. The Board of Directors shall act as a separate and final hearing body for layoff appeals for all full-time and part-time employees. Extra-help employees have no appeal rights.
2. Implementation of a layoff decision may be appealed by an employee laid off; however, the decision to layoff may not be appealed.
3. Any formal written notice to a part-time or full-time employee stating that the employee is subject to layoff or layoff resulting from displacement may be appealed as follows:
   1. Within 10 regular District business days from the receipt of the notice, an employee may, within the provision of Subsection 20.5.6(b), appeal the action to the General Manager.
   2. Within five (5) regular District business days after receiving the appeal, the General Manager shall give a written decision to the employee.
   3. If the employee is not satisfied with the decision in Subsection 20.5.6(c)(2) above, the employee may, within five (5) regular District business days after receiving the decision, appeal the decision to the District’s Board of Directors.
   4. The District’s Board of Directors shall review an appeal resulting from Subsection 20.5.6(c) above, within 21 days. This review and appeal procedure which applies to layoff and displacement action in no way supersedes restoration appeal procedures set forth under Subsection 20.5.5.

20.5.7 Layoff – SCAPOSD – Non-Grievability

This Section 20.5 (20.5.1 through 20.5.7) is not grievable or arbitrable.

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At least thirty (30) days before the Board takes action that either, 1) authorizes the County to initiate layoff procedures, or 2) takes action to adopt budgetary changes that result in abolishing filled positions, the County will provide written notice to SEIU.  Once notified, SEIU may request a meeting with the County to discuss the possibility of layoffs, including the appropriate classifications to impact, and possible alternatives to layoff. In the event that SEIU requests to meet pursuant to this section of the MOU, it is understood and agreed that the discussions are not subject to the meet and confer requirement of state law and will not operate to delay the Board’s action.

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