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

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