Section 3359-26-05.1 - Reduction in workforce(A) Introduction. (1) Conditions may arise that necessitate the reduction of the university workforce. Reduction of classified civil service staff positions may occur for a variety of reasons including, but not limited to, budgetary constraints, changing priorities, lack of work, reasons of economy, efficiency improvements or reorganization, or due to extraordinary or catastrophic events beyond the university's control.(2) On October 17, 2007, the university of Akron board of trustees passed Resolution No. 10-14-07, specifically authorizing the administration to propose revised or new policies and procedures applicable to classified civil service employees in accordance with House Bill 187 of the 126th General Assembly.(3) This rule shall substitute sections 124.321 to 124.327 of the Revised Code, and rules 123:1-41-01 to 123:1-41-24 of the Administrative Code, and will be the sole source for any and all policies and procedures applicable to classified civil service employees regarding layoffs and reduction in workforce and shall supersede all other university rules or policies that may be in conflict. (B) Procedure. (1) Employees will be provided with at least thirty calendar days' written notice prior to the effective date of termination.(2) Employees shall be entitled to paid leave at their current rate of pay with benefits during the thirty-day notice period subject to the following conditions: (a) The paid leave will start on a date to be determined by the employee's supervisor in consultation with human resources and may be immediate, or may be delayed, but will begin no later than fourteen calendar days after notice of the reduction in force is given.(b) If an employee obtains a full-time position with the university or any other employer before the completion of the thirty-day period, the paid leave shall terminate on the date of the new employment.(3) Classified civil service employees shall not be entitled to retention points, displacement rights, or recall rights.(4) The layoff jurisdiction shall be defined as the university of Akron and all branch and satellite campuses.(5) A classified civil service employee may appeal a layoff to the state personnel board of review. The appeal shall be filed or postmarked no later than ten days after receipt of the layoff notice.(C) Employees can be discharged for documented just cause, as provided in applicable laws, rules and regulations. The reduction in workforce process should not be used to circumvent good performance management practices.(D) This policy excludes employees who are on special contracts or renewable appointments as these time-limited appointments are identified at the outset of employment.(E) This policy is not applicable to employees covered by a collective bargaining agreement.Ohio Admin. Code 3359-26-05.1
Effective: 6/8/2020
Promulgated Under: 111.15
Statutory Authority: 124:14, 3359.01
Rule Amplifies: 124:14, 3359.01