If an UCPEA position is funded by federal grants and/or contracts, and that funding is paused or eliminated, the UCPEA position is still protected. These are the protections for different categories of UCPEA members:
Probationary Employees: It is always true that employees in a probationary period have fewer protections than permanent employees. An UCPEA employee can be dropped from their probationary period because of funding changes. In this situation, the UCPEA member is entitled to a two-week notice period, or pay in lieu of notice. Any UCPEA member dropped from a probationary period should reach out to an UCPEA representative to talk about their right to appeal and/or to explore other remedies.
End-Date Employees: Many UCPEA positions that are supported by a grant or contract are categorized as end-dated. The first year of an end-date appointment is treated the same as a probationary period. After that, end-dated employees should keep in mind that their position may or may not be renewed at it’s anniversary date. However, end-dated employees have just cause protections during the duration of their contract. What that means is that discipline and/or termination can only happen when the University can demonstrate just cause. The University cannot simply let someone go in the middle of their end-dated contract because the funding has changed. End-dated employees have additional protections based on their years of service:
- End-dated employees who have worked in their position for 3 or more years are entitled to have their re-appointment processed 3 months before the end of their appointment.
- End-dated employees who have worked in their position for 5 or more years are entitled to the same re-appointment process 3 months before the end of their appointment. They should also be given a minimum of 3 months notice for a non-renewal. End-dated employees in this category can have multi-year contracts.
- If an end-dated employee is not renewed and they have at least 4 years of service in their position; they have recall rights. Any position that opens up that is “same or similar” to the position that was not renewed, should be offered to them as an entitlement.
Permanent Employees: Permanent employees are UCPEA members who have made it out of their probationary period and they are not in an end-dated position. A permanent employee cannot be terminated simply because a funding source has changed. The University does have the ability to issue layoff notices when there is a need to eliminate positions, but fortunately the UCPEA contract has excellent layoff language. Every permanent employee is entitled to 3-12 months of a notice period before a layoff is effective. This gives UCPEA a chance to explore alternatives, and to look for recall opportunities. The impacted member also has a chance to make plans and start looking for a new position. The significant notice period means that no UCPEA layoff is an instant savings for the University, so careful consideration must go into any decision. Here’s how to determine the length of a notice period for an UCPEA employee:
- After 1 year of service: 3 months’ notice
- After 2 years of service: 4 months’ notice
- After 3 years of service: 5 months’ notice
- After 4 years of service: 6 months’ notice
- After 5 years of service: 7 months’ notice
- After 6 years of service: 8 months’ notice
- After 7 years of service: 9 months’ notice
- After 8 years of service: 10 months’ notice
- After 9 years of service: 11 months’ notice
- After 10 years of service: 12 months’ notice
All UCPEA members who are noticed of a layoff are also placed on the recall list. For 18 months they are entitled to open UCPEA positions that are “same or similar” to the eliminated position.