Common use of Displacement of Employees Clause in Contracts

Displacement of Employees. 1. Except as provided below, the University of California will not contract out services that result in the layoff of bargaining unit employees. 2. Examples of instances in which a contract for such services may be appropriate include: a. The need to obtain special services and equipment that are not available internally; b. The need to obtain special expertise or efficiencies that are better provided through an outside contractor than by the University; and c. Financial necessity. 3. Where financial necessity is the reason for the exception, before contracting for work which is fully or partially supported from state funds, including those at the teaching hospitals, the University shall first seek funding from the Legislature to address the financial necessity. 4. When the University has determined to contract for services it will provide AFSCME's Local 3299 Director or Designee with a copy of any RFP as soon as feasible after it is issued. Such notice shall demonstrate the appropriateness for the contract, in accordance with section B above. a. If AFSCME asks to meet with the University about the proposed contract for services, such a meeting will occur as soon as practicable following the University’s receipt of the request. The meeting will not delay the commencement of the contract. b. If AFSCME believes that the University failed to comply with the provisions of Section B above, it can file a formal complaint with the Office of the President, Office of Labor Relations. The Office of the President shall make the final determination as to whether the contract meets the conditions in Section B. The Office of the President decision is not grievable or arbitrable.

Displacement of Employees. 1. Except as provided below, the University of California will not contract out services that result in the layoff of non-probationary career bargaining unit employees. 2. Examples of instances in which a contract for such services may be appropriate include: a. The need to obtain special services and equipment that are not available internally; b. The need to obtain special expertise or efficiencies that are better provided through an outside contractor than by the University; and c. Financial necessity. 3. Where financial necessity is the reason for the exception, before contracting for work which is fully or partially supported from state funds, including those at the teaching hospitals, the University shall first seek funding from the Legislature to address the financial necessity. 4. When the University has determined to contract for services it will provide AFSCME's Local 3299 Director or Designee UPTE with a copy of any RFP as soon as feasible within 7 calendar days after it is issuedissued pursuant to A.2., above. Such notice shall demonstrate the appropriateness for the contract, in accordance with section B B., above. a. If AFSCME UPTE asks to meet with the University about the proposed contract for services, such a meeting will occur as soon as practicable following the University’s receipt of the request. The meeting will not delay the commencement of the contract. b. If AFSCME UPTE believes that the University failed to comply with the provisions of Section B B., above, it can file a formal complaint with the Office of the President, Office of Labor Relations. The Office office of the President shall make the final determination as to whether the contract meets the conditions in Section B. The Office of the President decision is not grievable or arbitrable.

Displacement of Employees. 1. Except as provided below, the University of California will not contract out services that result in the layoff of non-probationary career bargaining unit employees. 2. Examples of instances in which a contract for such services may be appropriate include: a. The need to obtain special services and equipment that are not available internally; b. The need to obtain special expertise or efficiencies that are better provided through an outside contractor than by the University; and c. Financial necessity. 3. Where financial necessity is the reason for the exception, before contracting for work which is fully or partially supported from state funds, including those at the teaching hospitals, the University shall first seek funding from the Legislature to address the financial necessity. 4. When the University has determined to contract for services that will result in the layoff of employees in the bargaining unit, it will provide AFSCME's Local 3299 Director or Designee CUE with a copy of any RFP as soon as feasible after it is issued. In the event no RFP is issued and the subcontract will result in bargaining unit employee layoffs, the University will give at least 60 calendar days notice prior to the commencement of work by the contractor. Such notice shall demonstrate the appropriateness for the contract, in accordance with section B above. a. If AFSCME XXX asks to meet with the University about the proposed contract for services, such a meeting will occur as soon as practicable following the University’s receipt of the request. The meeting will not delay the commencement of the contract. b. If AFSCME XXX believes that the University failed to comply with the provisions of Section B above, it can file a formal complaint with the Office of the President, Office of Labor Relations. The Office of the President shall make the final determination as to whether the contract meets the conditions in Section B. The Office of the President decision is not grievable or arbitrable.