Re-employment Rights

Many of our lecturers on continuing appointment have been laid off or reduced in time over the last year.  It is important for all lecturers to understand the reemployment rights granted under Article 17 of the Unit 18 MOU so we can help ensure that our colleagues benefit from those rights when funding and courses are restored.  

Pre-Six Lecturers-17C.2.c.

Lecturers who have not reached continuing status have re-employment rights for one year  following the effective date of their layoff.  A layoff for pre-six NSF must be differentiated from a non-renewal.  Layoff occurs when employment is discontinued prior to the expiration date of a lecturer's contract.  If a pre-six NSF is working on an annual appointment, and their courses are cancelled midyear, that lecturer would be considered laid-off.  Pre-six NSF whose contracts expire and are not renewed are not entitled to re-employment rights.

Continuing Appointment Lecturers-17F.

Whenever the University decides to fill a vacancy at the campus in the same department, program or unit and title code from which an NSF has been laid off, the University shall reemploy or increase the time of a laid off NSF provided the University determines that the NSF on layoff status is qualified for the position and is available to begin work within a reasonable amount of time, and...(b)  The continuing appointee has not been laid off for more than a period of two years.   Continuing Lecturers are entitled to two years of rehire rights for courses which they are qualified to teach.  UC-AFT has filed grievances on cases where the lecturer believes they are qualified for an open position, but the department argues that the NSF is not qualified.  Administrators will also claim that their decision is protected by academic judgement.  This is not always the case.  The university must demonstrate on what grounds they determined the NSF not to be qualified.     If more than one qualified person is on layoff status, the order of re-employment shall be on the basis of special skills, knowledge, or ability essential to the department.  When there is no substantial difference in skills, the order of reemployment shall be the inverse order of layoff.  If the university attempts to rehire based on special skills, knowledge and abilities, UC-AFT will do its due diligence to determine on what basis the university rests their claim.   If lecturers in your department have been laid off, or reduced in time due to recent budget cuts.  Please keep them in mind when your department begins to increase its course offerings.  UC-AFT will need the help of all employed lecturers to effectively enforce the reemployment rights of our laid off colleagues.