Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-20 - Civil Service Appointments › Section 3339-20-07 - Reductions in force

Current through all regulations passed and filed through July 1, 2024
(A) General authority.
Whenever a reduction in the work force is necessary, the
				university shall determine the classifications in which the layoffs will occur
				and the number of employees to be laid off within each classification.
(B) Rationale.
For the purpose of reductions in force, 'continuous Miami
				university service' shall begin at the original appointment date and continue
				until an employee quits, is discharged for cause, is laid off beyond the recall
				period, fails to return to work from an approved leave of absence or retires.
				Student employment service is excluded.
(1) Whenever it becomes necessary for the
			 university to reduce its work force, it shall lay off employees or abolish
			 their positions in accordance with these rules. The reasons for position
			 abolishment and/or layoff include lack of funds, lack of work, as a result of a
			 reorganization for the efficient operation of the university or for reasons of
			 economy as described herein.
(2)
			 Employees may be laid off as a result of a lack of funds.
(a) The university itself shall determine
			 whether a lack of funds exists and shall file a statement of rationale and
			 supporting documentation with the university's appointing authority prior to
			 sending the layoff notice.
(b) As
			 used in this division, a "lack of funds" means the university has a current or
			 projected deficiency of funding to maintain current, or to sustain projected,
			 levels of staffing and operations. This section does not require any transfer
			 of money between funds in order to offset a deficiency or projected deficiency.
			 Whenever a program receives funding through a grant or similar mechanism, a
			 lack of funds shall be presumed for the positions assigned to and the employees
			 who work under the grant or similar mechanism if, for any reason, the funding
			 is reduced or withdrawn.
(3) Employees may be laid off as a result of
			 lack of work.
(a) The university shall
			 determine whether a lack of work exists and shall file a statement of rationale
			 and supporting documentation with the university's appointing authority prior
			 to sending the layoff notice.
(b)
			 As used in this division, a "lack of work" means the university has a current
			 or projected decrease in workload that requires a reduction of current or
			 projected staffing levels in its organization or structure. The determination
			 of a lack of work shall indicate the current or projected decrease in workload
			 and whether the current or projected staffing levels of the university will be
			 excessive.
(4) Employees
			 may be laid off as a result of abolishment of positions.
			 The university shall determine itself whether any
			 position should be abolished. The university shall file a statement of
			 rationale and supporting documentation with the university's appointing
			 authority prior to sending the notice of abolishment.
(a) As used in this division, "abolishment"
			 means the deletion of a position or positions from the organization or
			 structure of the university.
(b)
			 For purposes of this division, the university may abolish positions for any one
			 or any combination of the following reasons: as a result of lack of funds, a
			 reorganization for the efficient operation of the university, for reasons of
			 economy, or for lack of work.
(i) Reasons of
			 economy permitting the university to abolish a position and to lay off the
			 holder of that position under this division shall be determined at the time the
			 university proposes to abolish the position. The reasons of economy shall be
			 based on the university's estimated amount of savings with respect to salary,
			 benefits, and other matters associated with the abolishment of the position,
			 except that the reasons of economy associated with the position's abolishment
			 instead may be based on the university's estimated amount of savings with
			 respect to salary and benefits only, if:
(a)
			 Either the university's operating appropriation has been reduced by an
			 executive or legislative action, or the university has a current or projected
			 deficiency in funding to maintain current or projected levels of staffing and
			 operations
(b) the university files
			 a notice of the position's abolishment with the director of administrative
			 services within one year of the occurrence of the applicable circumstance
			 described in paragraph (C)(2)(a)(i) of this rule.
(ii) The following principles apply when a
			 circumstance described in paragraph (C)(2)(a)(i) of this rule would serve to
			 authorize the university to abolish a position and to lay off the holder of the
			 position under this division based on the university's estimated amount of
			 savings with respect to salary and benefits only:
(a) The position's abolishment shall be done
			 in good faith and not as a subterfuge for discipline.
(b) If a circumstance affects a specific
			 program only, the university only may abolish a position within that
			 program.
(c) If a circumstance does
			 not affect a specific program only, the university may identify a position that
			 it considers appropriate for abolishment based on the reasons of
			 economy.
(5) Notwithstanding any contrary provision of
			 the displacement procedure described in this rule for employees to displace
			 other employees during a layoff, the university may establish a paper lay-off
			 process under which employees who are to be laid off or displaced may be
			 required, before the date of their paper layoff, to preselect their options for
			 displacing other employees.