HRAR-7.06 - Layoff & Recall

City of Portland Core Values: Anti-racism | Equity | Transparency | Communication | Collaboration | Fiscal Responsibility

Purpose

It is the goal of the City of Portland to minimize the negative impact on City operations while maximizing employment opportunities for potentially laid off regular employees by offering the opportunity to accept part-time, casual and temporary positions, as employee eligibility allows and resources are available. All layoffs must comply with this Rule and applicable labor contract provisions and must be approved by the Bureau of Human Resources Civil Service exempt positions under Chapter 4 of the City Charter do not have layoff, bumping, or recall rights. 

Definitions

Layoff: The separation of an employee in classified service due to the elimination of a position, lack of funds or change or reduction in work. 

Classified Service: all positions in the City except those exempt from the classified service by City Charter. 

Seniority: The length of service in a permanent appointment to a specific job class in classified service. Seniority begins on the date of permanent appointment to that class and includes all time on approved paid leaves of absences and approved unpaid absences from duty without pay because of military leave, Family Medical Leave, or injury in the line of duty. 

Bumping: This is an employee movement action the City may offer to an employee during the layoff process allowing the employee to retain employment and requires displacement of another employee with less seniority.

Layoff Notice Procedures and Responsibility

Bureau, Office or Program Area Responsibility: Prior to completing a Bureau Notice of Layoff, the City Administrator, or designee must consider: 

a) transferring employees to vacancies within the bureau, office or program area,b) eliminating vacant positions within the bureau office or program area; and/or, c) transferring employees within the bureau, office, or program area into positions held by temporary employees. 

To initiate a layoff, the bureau, office or program area must complete and submit a Notice of Layoff form with supporting information and justification to Human Resources at least 30 days prior to the target effective date of the pending layoff. Temporary employees in a classification within the bureau will be terminated prior to laying off a permanent employee. Once a Notice of Layoff is approved, the initiating bureau, office or program area will provide written notice to the impacted employee and to the applicable union, if any, as far in advance of the effective date of the layoff as possible. 

Bureau of Human Resources Responsibility: 

Once a Notice of Layoff is received, the Bureau will first 

1. review the Notice,
2. research the impact it will have on other employees in the same classification by referring to a current Seniority by Job Class Report, the related Administrative Rules and labor contract provisions that may apply; and,
3. notify the affected employee(s). 

The Human Resources Director will resolve outstanding questions regarding employees’ seniority date or status. 

Impacted Employee Responsibility:

After Notice of Layoff is approved and determination is shared with an impacted employee, the employee will be given an Election of Options form notifying them of their bumping, if applicable, or layoff options. The employee has 2 working days to return the Election of Options Form to the Bureau of Human Resources contact listed on the Form, otherwise it will be assumed the employee has elected to be laid off.

Seniority

Accrual of Seniority and Effect of Dismissal or Resignation 

To accrue seniority in any classification, an employee must have been permanently appointed to that classification from an eligible list, or by an alternative hiring process such as training plan, demotion, expanded transfer or redeployment or have been granted status through a classification action. No seniority is accrued by virtue of having performed the work of, or being qualified for appointment to, a classification. Placement on an eligible list, without permanent appointment to a classification, does not result in seniority accrual, nor does temporary appointment to a classification. Persons serving in premium pay assignments or who receive special pay assignments do not accrue seniority in these assignments, as with classifications. 

Dismissal, voluntary resignation or retirement cancels all accrued seniority and if on the Recall List, the employee name will be removed and all recall rights will be cancelled. Demotion (voluntary or disciplinary) from a class cancels seniority entitlement to that class except as defined in the related Administrative Rule. 

Employees returning from medical layoff will be entitled to retain their seniority acquired at the time of medical layoff. Employees will not lose accrued seniority in one class by accepting a position in another class where the maximum pay is equal to the class from which they transferred for either permanent appointments, positions exempt from classified service, or promotions. In such cases the employee’s seniority in the classes previously held under permanent appointment will be frozen. Seniority will continue to accrue in a class where the employee has permanent status while the employee is temporarily filling a position in another class. This also applies to working out of classification and to premium pay or special pay assignments. Upon promotion or permanent appointment to a classification with a higher maximum pay rate, the employee’s seniority in the prior classification will be frozen. Upon promotion to a classification outside the bargaining unit, a DCTU represented employee’s seniority in the prior classification is cancelled. 

If a regular employee fails to pass probation and elects to return to their most recently held classification and position, seniority in the higher classification will be cancelled. Seniority for permanently appointed employees in permanent part-time and job share positions will be prorated based on regular hours worked. Seniority for permanently appointed employees to partial year positions will also be prorated based on regular hours worked and will not continue to accrue during the portion of the year these employees are not working for the City. 

Tied Seniority

If two or more employees possess the same seniority date, a tie in classification seniority will be broken and greater seniority determined by the highest score/rank on the eligible list from which the appointment was made, and if a tie still remains, then the total length of service with the City, and if a tie still remains, then whatever job-related method approved by the Human Resources Director.

Bumping for Represented Employees

Represented Employees: 

a) may not bump into a classification with a higher maximum salary, b) if part-time, will not displace a full-time employee in bumping or in recall, c) will be placed on the Recall List for their current classification to be recalled in order of seniority to vacancies in their laid off classification Citywide if no position has been located within the bureau, or any vacancies identified Citywide by the effective date of the layoff; and, d) if bumped by a more senior employee will have the same right to declared vacancies or bumping of less senior employees in previous classifications as provided in this rule. 

Non-represented Employees: 

a) may not bump; and, b) will be placed on the Recall List for their classification to be recalled only to vacancies in their laid off classification within their bureau at time of layoff, only. 

Employees who bump will not be required to serve another probationary period unless they have not completed their initial probationary period. Employees in positions exempt from Civil Service under the City Charter have no bumping rights. Specialty Classification Specialty classifications will be handled in the layoff process as if they were separate classifications. Refer to related Administrative Rule for classification information. 

Selective Certification

A represented employee hired through selective certification may bump into other positions in the same classification and may be bumped by someone in that same classification with more seniority. The Human Resources Director may move the bumping employee to bump the next least senior employee if upon written documentation by the bureau, office or program area,

a) the bumping employee does not possess the skills required to perform the duties of the position held by the least senior employee, b) has not demonstrated the aptitude to perform the duties and responsibilities of the position held by the least senior employee; or, c) is otherwise shown to be unqualified. 

This may continue in sequential order as necessary until the Human Resources Director determines that the bumping employee is able to perform the duties of the position after a reasonable period of orientation.

Layoff and Reemployment for Non-represented Employees

A non-represented employee who is scheduled for layoff will be placed first in any declared vacancy in the impacted employee’s current classification within their bureau, office or program area, provided they are qualified and, if none, to any position in the impacted employee’s current classification within their bureau, office or program area occupied by a temporary employee. If more than one non-represented employee in a bureau is in a classification for which a layoff is required, the bureau will consider the following factors when determining which employee will be impacted: 

a) the needs of the organization in terms of the types of positions and the special knowledge, skills and competencies necessary to accomplish the work of the bureau, and the qualifications of employees in terms of needed special skills and expertise, b) the overall performance of an employee; and, c) the seniority of the affected employees. 

If a non-represented employee cannot be reassigned within their bureau, office or program area or similarly, or a represented employee has no option to bump due to low seniority, the Bureau of Human Resources will make an effort Citywide to reemploy the impacted employee into an existing vacant position in their current classification, or to any other vacant position in the City, provided the employee is qualified to perform the work. Refer to related Administrative Rule for Priority Reemployment details.

Recall Lists and Notice Procedures

An impacted employee, at their discretion, will be placed on the Recall List for their current classification. Employees are responsible for providing Human Resources with their current mailing address and phone number(s). A letter will be sent to the employee confirming their placement on the recall list. 

The Bureau of Human Resources will maintain a list of employees who have been laid off in each bureau, office or program area. Employees will be placed on a Recall List for the classification from which they were laid off until recalled to the classification from which layoff occurred and provided it is such, recall occurs within the period of time equal to the length of their total City service , but in no event less than 3 years or more than 5 years. The Human Resources Director may remove a former employee from a Recall List for reasons that would have resulted in discharge from active employment. 

Represented Employees: Represented employees will be recalled, in seniority order, to declared vacancies as they become available. If approved, the employee will remain on the Recall List for certification to the next declared vacancy during their term of eligibility. If available for recall, the most senior person will be certified to the bureau, office or program area.

When the Bureau of Human Resources receives a Notice of Vacancy for a classification for which there is a Recall List, the Bureau will notify the individual by letter via certified and regular mail, or hand delivery with receipt, when their name will be given to a bureau, office or program area. The letter will inform the employee of the following: 

a) the classification in which the individual has been certified, b) the area with the vacant position, c) the length of time the individual has to inform the Bureau of Human Resources whether employment will be accepted or rejected, d) an explanation of the individual’s rights of refusal; and, e) the consequences if recall is refused. 

The hiring bureau, office or program area will make arrangements for the employee’s return within 15 calendar days of notification unless a later date is mutually agreed. A person on a Recall List who refuses a bonafide, or good faith, offer of re-employment from the City will be removed from the Recall List and the next name on the Recall List will be certified to the bureau. When no further names remain on the Recall List, the City will follow the regular certification process. 

Non-represented Employees: Non-represented employees are only eligible for recall to the bureau, office or program area from which they were laid off. If a bureau, office or program area wishes to recall an employee from the Recall List which contains multiple employees in the classification of the vacancy, they must consider these factors to determine the employee to be recalled: 

a) the needs of the organization in terms of the types of positions and the special knowledge, skills and competencies necessary to accomplish the work of the bureau, and the qualifications of employees in terms of needed special skills and expertise, b) the overall performance of an employee; and, c) the seniority of the affected employees as defined above.

If no employee for either process is identified or confirmed due to lack of specific skill or knowledge, the bureau, office or program area is required to state in writing what qualification(s) the laid off employee lacks for review by the Human Resources Director. If approved, the employee will remain on the Recall List for the next declared vacancy during their term of eligibility.

Outplacement Services

Outplacement services may be available to assist employees who are facing a layoff. If layoffs become necessary, employees will be given information about available outplacement services.

Leave Quotas Upon Recall

Recalled employees are entitled to accrue and use leave quotas, including sick leave accrued at time of separation immediately upon rehire and are not required to exhaust the eligibility period pursuant to the Administrative Rules or their bargaining agreement. Upon recall, the employee will be credited with three Personal Holidays unless they are recalled during the same calendar year in which they separated. If that occurs, the employee will not receive additional personal holidays in that year.

Resources

• Related Human Resources Administrative Rules: 3.02 Eligible Lists, 7.04 Redeployment, 7.07 Reinstatement
• City Charter: Chapter 4