University of Missouri System

Collected Rules and Regulations

Personnel

Chapter 350: Labor Policy

350.050 Seniority

Bd. Min. 2-19-67, p. 32,163; Amended Bd. Min. 9-7-79; 7-22-83; 7-27-84; 7-26-85; 9-26-97.

All things being equal, job security shall be commensurate with an employee's seniority. The University reserves the right in any given instance, to determine if an employee possesses the relevant qualifications such as ability, training, and skill to fill the position. Seniority policy provisions for Service and Maintenance personnel are contained in the "Understanding of Policies" labor relations document. Executive and managerial employees are excluded from these provisions.

1. Job Security -- When ability, skill, training, and other relevant qualifications are considered equivalent, job security shall be commensurate with an employee's seniority.
    
2. Definition -- For regular staff, other than Service and Maintenance personnel, seniority consists of continuous service in the same department. If relative service among employees is equal, the employee with the greatest University service is the most senior employee.
    
3. Retention and Accrual -- Seniority accrues from the first day of regular employment. Seniority should not impact employment decisions for regular employees until the completion of six months of continuous service. An employee who is laid off retains his/her seniority for a period of one year from the effective date of the layoff but does not continue to accrue seniority during the layoff leave of absence. In the event an employee who is notified of a layoff or who is in the layoff pool transfers to another department, he/she continues to maintain seniority in the department where the layoff occurred for a period of one year from the effective date of the layoff or the transfer, whichever occurs first. During a work-related injury or military leave of absence, an employee continues to accrue seniority.
    
4. Layoff -- Layoff is defined as the cessation of regular employment due to a permanent or temporary reduction in force. Employees laid off due to a reduction in force retain seniority accumulated to the date of layoff, for a period not to exceed one year. All things being equal, job security shall be commensurate with an employee's seniority. If the abilities, skills, training, and other relevant qualifications to fill existing positions are considered equivalent among affected employees, the employee with the longest seniority will be retained and the employee with the shortest seniority will be the first to be laid off.
       The University reserves the right in any given instance, to determine if an employee possesses the relevant qualifications such as ability, training, and skill to fill the position.
    
5. Recall -- The University shall, in its sole discretion, after a reduction in force, determine the occasion and the advisability of recall of part or all of the laid off employees. The University shall consider seniority, ability, and qualifications, as well as the nature of the jobs for which the employees will be recalled.
    
6. Hiring Preference -- Employees retain preferential hiring rights in the department in which they have been laid off. "Hiring preference" within a department shall mean that if laid off departmental employees meet the stated qualifications the department may only consider the laid off employee(s) and other employees in the same department. "Department" is defined as an organizational entity that has fiscal, programmatic and administrative responsibilities for employees.
    
7. Eligibility -- Regular employees who have satisfactorily completed their probationary periods are eligible for the layoff provisions. Executive and managerial employees (EEO Group 101-1 and 101-2) are excluded from these layoff provisions.
    
8. Benefits -- A regular employee who is laid off with a minimum of five (5) years of continuous service shall be placed on a layoff leave of absence for one (1) year from the effective date of layoff. During the one-year leave period the employee would be eligible to continue participation in the following benefit programs: medical, dental, life, accidental death, and long-term disability.
       A regular employee with less than five (5) years of continuous service who is laid off shall be placed on a layoff leave of absence for three (3) months from the effective date of layoff; a regular employee who has a stated ending date on his/her appointment is eligible, but the period of leave may not exceed the stated date on the appointment. During the three-month leave of absence, the employee would be eligible to continue participation in the following benefit programs: medical, dental, life, accidental death, and long-term disability.