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State Personnel Director Official Communication 07-12

September 14, 2007
TO:

ALL APPOINTING AUTHORITIES, HUMAN RESOURCES OFFICERS, AND RECOGNIZED EMPLOYEE ORGANIZATIONS

FROM:

JAMES D. FARRELL, STATE PERSONNEL DIRECTOR

SUBJECT: PROPOSED RULE OF GENERAL APPLICABILITY

This is a notice to the state employer, appointing authorities, and recognized employee organizations under Civil Service Commission Rule 1-1.1 and Rule 6-3.6 regarding a proposed rule of general applicability.

As part of contingency planning related to the FY08 budget, the Civil Service Commission will consider adopting attached draft Rule 2-21, Temporary Layoffs during a Fiscal Emergency. If the Civil Service Commission approves the draft rule, it will become immediately effective as to all employees, including those covered by a collective bargaining agreement, and to the parties to each collective bargaining agreement, notwithstanding any contrary provision of a collective bargaining agreement.

If the Commission approves draft Rule 2-21, it will apply to all temporary layoffs beginning between October 1, 2007, and November 3, 2007. Under draft Rule 2-21, all classified employees could be temporarily laid off for up to 20 workdays during the five-week period the rule is effective. Any existing contrary rules, regulations, and collective bargaining agreement provisions governing temporary layoffs, employment preference, or recall would NOT apply to temporary layoffs imposed during the period Rule 2-21 is in effect. Therefore, during the effective period of Rule 2-21, it would replace Rule 2-4.4 (for nonexclusively represented employees) and the relevant temporary layoff provisions in the collective bargaining agreements (for exclusively represented employees).

The proposed amendment will be considered by the Civil Service Commission at a special meeting, scheduled for 8:30 a.m., Friday, September 28, 2007, at the Capitol Commons Center, 400 S. Pine Street, Lansing. Comments regarding the proposed amendment may be addressed to Janet McClelland, Chief Deputy Director, Michigan Civil Service Commission, P.O. Box 30002, Lansing, Michigan, 48909, or e mail at McClellandj@Michigan.gov. Comments must be received by Wednesday, September 26, 2007.



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