First Right of Recall

My question involves labor and employment law for the state of: California

I was laid off after working for a public law enforcement agency for 9 years. I was told it was due to my salary and the Chief also admitted that politics affected the decision because I was not in the union (All the union members were saved by city council). Anyway I have two years of "1st Right of callback" if they re-establish my job classification (They eliminated it). Now I found out that a union employee is being sent to obtain a certification in my field (one I already had) and is doing my job full time. The catch is they are not changing her job title. There is nothing in her job description covering my position. Is this a legal loophole for them?

Thanks

Only your union can tell you. This is a contract issue, not a labor law issue.

I am not in a union

Then you don't have "first right of recall". Why do you think you do?

Because the official letter I received signed by the City Manager states: "In accordance with Section 3.18.5 of the Personnel Rules, your name will be placed on a recall list for a period of two years from the date of layoff. Employees will be recalled based upon their seniority and will have the first right of refusal for any vacancies within the classification."

OK, so contact the Civil Service Commission.

There is no Civil Service Commission in my county. Fair Employment and Housing??

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Quoting riley123

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There is no Civil Service Commission in my county. Fair Employment and Housing??

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whose rules are those?

but then:

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Employees will be recalled based upon their seniority and will have the first right of refusal for any vacancies within the classification

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yes, it may be a legal loophole to simply not place anybody in the classification that was deleted. You also have to realize that just because that classification has been deleted, that doesn't mean that whatever was being done in that classification doesn't still have to be done. It is not uncommon for other personnel to be assigned duties from another classification in such a situation. The question would be: are they required to re-institute the classification in order for those job duties to be performed. If not, then as long as they do not have that classification, you have no rights to demand being recalled.

You contact whomever enforces the "personnel rules". HR, the mayor, the City Council, whomever. DFEH handles only illegal discrimination claims.

So as an analogy then if they wanted to they can eliminate the position of "Police Officer", lay off all of the police officers then send the clerical staff to the police academy and after they graduate they can do the duties of a police officer yet still have the classification (and pay) as clerical staff?

Also, I heard yesterday that the union president told the person now doing my job that they need to work on getting her "Reclassified" as she is now working "Out of Class" - Should be interesting to see how management handles this one. Maybe make up some new title?