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Management Service Questions
Management Service Questions
Management Service Layoff and Recall Questions
Working conditions for Management Service employees including the layoff process is outlined in the Department of Administrative Services (DAS) Human Resource Services Division’s (HRSD) Rules and Policies. In lieu of developing specific agency policies governing removal/layoff of management service, the agency elected to follow the DAS HRSD rules and policies.
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References:

DAS HRSD State Policy: 50.025.01 Layoff/Removal
DOC’s Management Service Layoff/Removal Plan
DAS HRSD State Policy: 50.030.01 Restoration of Terminated Employees
DAS HRSD Administrative Rule: 105-040-0020 Types and Order of Applicant Lists
DAS HRSD State Policy: 70.000.10 Management Service Grievance Review 
ORS 240.570 Classified employee filling position in unclassified, exempt or management service.
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1. How is it determined who will be affected by layoff?
 
The appointing authority (Director) determines the number of positions, classifications, organizational units and/or geographical areas to be reduced.
 
2. What is a workforce adjustment?
 
A workforce adjustment can happen under ORS 240.570(2) in Management Service prior to a reduction/layoff. In a workforce adjustment, the agency may assign, reassign, and/or transfer employees within the management service for the good of the service.
 
3. In a management service layoff process, is there displacement (bumping) within management service by management service employees?
 
No, there is no “bumping” within management service per Department of Administrative Services (DAS) Human Resource Services Division (HRSD) State Policy: 50.025.01 Layoff/Removal and the DOC Management Service Layoff/Removal Plan.
 
4. Does a management service employee who has held prior classified service, have restoration rights?
 
Yes, provided the employee has continuous service and previously held regular status in the classified service immediately prior to moving into management service. The effected employee’s rights would be to return to the same classification and same agency or successor agency in which employed prior to leaving the classified service. (DAS HRSD State Policy: 50.030.01 Restoration of Terminated Employees.)
 
5. What happens after a management service employee is restored to their former classified classification and there is no vacancy?
 
If the employee was restored into his/her former classified classification and there is no vacancy, the agency will need to review their budget and determine if they will need to effect a layoff process applicable to that respective collective bargaining agreement or their rules and policies if it is into a classified unrepresented classification.
 
6. What procedure will the agency use to determine who will be effected by layoff?
 
As defined in the DAS HRSD State Policy: 50.025.01 Layoff/Removal and outlined in DOC’s Management Service Layoff/Removal Plan
 
7. Will the agency use the existing performance evaluation or develop a special evaluation for this process?
 
The Agency will utilize a special evaluation developed for this process only for employees in the same classification (not working title).  The special evaluation will have standard categories in which the supervisor of the manager will use as the basis for the evaluation.  The evaluation will then be reviewed (based on DOC Layoff Policy and Plan, 20.5.7) by the DOC Policy Group.  This process will only be used when there are more available funded positions in the same classification of the positions being eliminated.
 
8. How will the agency determine length of state service?
 
The agency will use the recognized service date. That’s the same date used to set vacation accrual rates and is generally the date of initial hire into state service, adjusted for any break in service less than two years.
 
9. If a management service employee is scheduled to be removed (laid off), will they have the opportunity to be considered for other vacant positions?
 
The agency recognizes that these are difficult times and our goal is to minimize impact as much as possible. Prior to effecting removal (layoff), those effected managers will be given the opportunity to explore available options such as reassignment into existing vacancies where qualified, voluntary terminations, or demotions within management service.
 
10. Will employees be given notice of a removal/layoff?
 
Yes, an employee will be given formal written notice at least 15 calendar days prior to the effective date.
 
11. If a management service employee is notified of a pending removal/layoff, how will they know if they have rights to return to a former classification?
 
A management service employee notified of a pending removal/layoff will be given a written notice. If they have held former classified service, those restoration rights will be explained in the removal/layoff notification letter.
 
12. What happens to initial trial service employees whose classification is affected?
 
An initial trial service employee will receive the first removal notices by classification. Their name will be restored to the certificate of eligible list from which they were appointed if such list still exists.
 
13. What are management service appeal (grievance) rights?
 
If a management service employee believes the action taken by the agency in the form of an assignment, reassignment, transfer, or removal for non-disciplinary reasons (such as layoff) is contrary to ORS 240.570(2), they may grieve such action. The management service employee may file a grievance within 30 calendar days after the time of knowledge to the Director or directly to the Employment Relations Board (ERB). These appeal rights are outlined in the DAS HRSD State Policy: 70.000.10 Management Service Grievance Review. 
 
14. What happens to the accrued leave balances?
 
Up to two hundred fifty (250) hours of vacation leave and compensatory time accrued will be paid upon being laid off. Sick leave will be “banked” for a period of two years. If returned to work within two years of layoff, sick leave will be reinstated. Unused Personal Leave days will not be paid.
 
15. What are the recall rights?
 
The effected employee’s name will be placed on the agency layoff list and given the option to be added to the statewide reemployment list for consideration in other agencies for the same, equal or lower classification. Management Service employees have one right of refusal. If they refuse a position a second position that is offered in accordance with the layoff plan, their name will be removed from the agency layoff list.
 
16. How long are they on the recall list?
 
Two (2) years from the date of removal (layoff).
 
17. If an employee is removed (laid off), can they collect unemployment insurance?
 
The Employment Department rules apply.
 
This is an overview of the Management Service Layoff process. For more detailed information please consult the DOC Management Service Layoff/Removal Plan.
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