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Exception to the Order of Layoff

Thursday, February 1, 2018

When the MTA determines that a position requires special skills or qualifications not identified in the classification specification (e.g., the ability to speak a foreign language or specific number of years of experience in a specialty area), the department may request that the MTA Director of Transportation place a "special condition(s)" on the position. The MTA Director of Transportation will review each request and then post the final & approved special condition(s). These special conditions are also known as "Exceptions to the Order of Layoff" in Civil Service Commission Rules 421.7

Exceptions to the Order of Layoff play a significant role when determining the order of layoff. In certain circumstances, the department may not lay off a more junior employee because that employee's position requires certain identified special skills or experience. In those circumstances, the department may lay off a more senior employee because that more senior employee either does not possess or is not able to meet the required special skills or experience identified for the more junior employee’s position.