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Layoff update
"Our
supervisor said we could all be laid off if we don’t start
cooperating. Can she do this?"
"I’ve been told that they’re
eliminating my position. I would apply for other jobs, but there are
none in the postings. Will I be laid off?"
"I received a layoff notice
from Human Resources, but I have more seniority than my coworker.
Might I have to take a job at a lower level?"
Working to take the
fear out of layoff
A great deal of Contract Administrator Dan McNeil’s time these
days is devoted to handling questions like these.
"Fewer than 10 CTs have
received official layoff notices," said McNeil. "However,
I am getting up to a dozen calls about layoffs a day, usually from
CTs who have been told that their units may have to reduce staff in
order to deal with budget cutbacks."
Because our other Contract
Administrator, John Klusinske, is devoting part of his time to CTU-2
Contract negotiations with the Detroit College of Law, McNeil is
coordinating the layoff concerns that have arisen in the wake of MSU’s
recent budget situation.
In recent weeks our CAs have
attended several meetings with groups of CTs, including a joint
district meeting for the areas served by URs Janet Roe-Darden and
Terri Badgley that was attended by over 20 CTs.
In addition, the CAs, along with
President Reeves and several other Board members, met with
management in a special conference on May 16 to discuss layoff
procedures and the possible impact of layoffs on our members.
Management was represented by Kris Hynes, Director of Human Resource
Services (HRS), and Jim Nash, Assistant Director of Employee
Relations.
We’re eliminating your
position.
If you are told that your
unit is considering or has decided to eliminate your position, don’t
panic. You may not be the appropriate person to be laid off. If you are
the appropriate person to be laid off in your unit, you will
probably be placed in another University position.
During our special conference,
Hynes told us that HRS currently is withholding some vacant CT
positions from the postings. HRS anticipates being able to place CTs
who end up in layoff/bypass status into these positions.
One problem is that some
supervisors haven’t read our Contract and don’t understand our
layoff procedure. Super-visors may think they are doing employees a
favor by giving them advance warning of upcoming layoffs. However,
when they don’t understand the procedure or check with HRS, they
can cause a lot of unnecessary anxiety.
"We have examples of
long-term employees being told that they are scheduled for layoff,
even though they sit next to recently hired coworkers doing the same
job," McNeil told management at the special conference.
This shouldn’t happen, agreed
Hynes and Nash.
"It’s important that CTs
realize that a supervisor’s opinion or a department’s ‘plan’
regarding layoffs does not supersede our Contract," said
McNeil.
Many supervisors, and quite a few
CTs, are unaware that eliminating a position is very different from
a layoff. When a department eliminates a CT position, the least
senior employee in the unit at that grade level is to receive the
official layoff notice—not the CT whose position is being
eliminated.
The notice must be received by
the employee from HRS 60 days prior to the actual layoff. Sixty days
gives the CT, the Union and the University time to explore all of
the options.
So, what is the first thing a CT
should do when she or he receives an official layoff notice from HR?
Contact your UR!
When the appropriate CT receives official notice of layoff from HRS,
she or he is then in layoff status but has 60 days to continue
working while various options are explored.
You should not try to sort out
these options alone. Over the years, members who have received
layoff notices have reported feeling pressured to drop to a
part-time or lower level position. While either of these actions are
included in your options, they may not be in your best interest.
Make sure you talk to your UR or the CTU office before you go
to HRS to discuss your job qualifications and choose your options.
What are your options?
If you are on layoff status,
you must accept the next vacant position in your grade level
for which you are qualified. This is not an option.
If a vacant position is not
available, you will be given several alternatives. You will be asked
if you will: accept a vacant position by descending order to a
mutually agreed upon level; exercise your seniority rights to bump a
less senior CT in your current grade level; and/or exercise your
seniority rights to replace a less senior CT by descending order to
a mutually agreeable level. The Union strongly urges you to make
keeping your current grade level and full-time status your first
priority.
Another reason to call the CTU is
that we know of cases where the official HRS layoff notice has been
sent to the wrong CT. If we know of the mistake, we can correct it.
We also urge you to call your
union after meeting with HRS. HRS officials try to make the
procedure flow smoothly. However, the easiest solution for them may
not work for you. It is important that you check your understanding
of your options with people who are looking out for your specific
interests.
Where will the work go?
If CTs are laid off, where is the work going? This is a crucial
question. Are departments creating "not to do" lists and
eliminating areas of service and support. If they are laying off CTs,
the answer should be YES!
"Layoff is defined as a reduction
in the workforce," according to the first sentence of
Article 18 of our Contract.
A CT cannot be laid off for any
other reason: not retaliation, not punishment, not convenience, not
previous grievances or disciplinary charges.
A department that thinks it can
replace a CT with student, temporary or on-call employees is
mistaken. To do so would be not to reduce but to transfer
work from our members to others, a clear violation of our Contract.
In the same way, it is
inappropriate for a laid off CT’s work to be picked up by
supervisors or APs. The CTU is committed to fighting the erosion of
our bargaining unit should we see it happening.
Of course, the only way for us to
monitor these situations is for every CT to be vigilant about
protecting CT work for CTs. If you see work that is normally done by
CTs being assigned to individuals outside of our bargaining unit,
call your UR or the CTU office at once!
If you are concerned about being
laid off, make a list of all of your job duties. We can use the list
if it later appears that those duties are being assigned to others
outside of the bargaining unit.
How much more can we
take?
Can the remaining CTs pick up
the work of someone who is laid off? Based on conversations with CTs,
it seems that just about everyone is working at capacity.
"Management can assign
duties to a CT if they fit within the parameters of the job
classification," said McNeil, "but it is unreasonable to
expect one CT to do the jobs of two people—or even for two CTs to
each add on half the duties of a regular CT."
We have work overload forms
available for supervisor prioritization of unreasonable CT workloads
(http://www.msu.edu/user/ctumsu/overflow.htm). McNeil asks
CTs who find themselves in this position to contact their UR or the
CTU office for assistance. It is especially important for the Union
to be able to monitor and address instances of work overload when we
are being told that CTs may be laid off.
And remember, we need to be paid
for all the time we put in. If every 40-hour CT worked one
hour per week "off the books," it would deny a job to 47.5
full-time CTs. To protect our jobs and those of our coworkers, it is
crucially important—now more than ever—that we take our
contractually guaranteed breaks and lunch hours.
Even with all of our contractual
protections, some CTs are laid off even during good economic times
(usually technicians with skills that don’t easily transfer to
other positions). However, the provisions of our Contract make
laying off CTs very difficult. We worked hard to get this language
into the Contract, and we work hard to keep it every time we go into
negotiations. Now, during these times of economic uncertainty, we
must be especially watchful to make sure that we do not allow it to
be weakened.
from the May 28, 2002 CT News |