“Random Job Reassignment”
“We will move this proposal to an immediate vote of our full membership as soon as the Governor removes the one provision that has nothing to do with the state’s budget.”
“Council 94 is willing to make the financial sacrifices outlined in the most recent proposal in exchange for job security. But the threat of random job reassignment does not give our members job security.”
Read the section after the jump. Basically, it maintains bumping, gives employees two months heads up before a move and lays out other assurances. All so the administration can have the ability to move a qualified union employee from one department to another while also allowing them to maintain membership in their “home” union shop. Real “random.” Read on….
Reorganization, Elimination or Consolidation of Functions:
Through June 30, 2011, the parties agree that an Appointing Authority (Agency Director/Head)
has the right to transfer an employee between programs under his/her authority and/or, with the
approval of the Director of Administration, transfer an employee from one agency to another due
to transfer, reorganization, elimination or consolidation of functions, programs, units, divisions
or departments within the Executive Branch subject to the following:
The union recognizes the State’s right to transfer, reorganize, eliminate or consolidate functions, programs, units, divisions or departments within the Executive Branch.
Upon issuance of a memorandum from the Director of Administration setting forth the rationale
necessitating said action, the State shall notify the respective Executive Director/Key Union
Official at least fifteen (15) calendar days in advance of notification to bargaining unit members
of its intention to transfer, reorganize, eliminate or consolidate functions, programs, units, divisions or departments.
The Union and the State shall meet within this fifteen (15) day period to discuss proposed
alternatives. The Union shall be given access to pertinent information related thereto. The Union cannot grieve the inability of the parties to agree to the transfer, reorganization, elimination or consolidation of functions, programs, units, divisions or departments.
The affected employee and the union shall receive at least thirty (30) days written notice of the
transfer unless extenuating circumstances are demonstrated by the affected employee. Provided, however, in no event shall the notice period be more than sixty (60) days.
The State agrees to offer available transfer assignments as identified by the State to the affected employee(s) based on primary seniority. The affected employee may:
1. Elect the available transfer assignment or
2. Displace the least senior employee in his/her classification in his/her current Division on
the basis of primary seniority, if available.
3. Should there be no least senior employee in his/her classification in his/her current
Division on the basis of primary seniority, then the affected employee may elect to
displace the least senior employee in his/her classification in his/her current Department
on the basis of primary seniority, if available.
4. The employee so displaced shall accept the transfer assignment offered by the State.
5. If there is no employee with less primary seniority in his/her current Division or
Department, the affected employee shall accept the transfer assignment offered by the
The parties acknowledge that, for the limited term of this Agreement, the terms set forth above
shall be in lieu of the provisions of the collective bargaining agreement that address layoff and
bumping, job abolishment, reassignment, transfer, consolidation or reorganization.
The State shall recognize primary seniority of employees for the purpose of vacation scheduling
and overtime assignments within the unit/location assignment.
No employee shall sustain a reduction in wages, hours or health benefits as an accompaniment to such transfer assignment.
When an affected employee is transferred, he/she will remain in his/her respective bargaining
unit until the employee vacates the position. When an employee’s position is vacated for any
reason, including but not limited to resignation, retirement, discharge, death or promotion, the
State may post the position. Said positions that are posted by the State will be posted in the
a) In accordance with the seniority provisions of the collective bargaining agreement applicable to the transferred employee;
b) The posting shall reflect the salary information of the collective bargaining agreement covering that classification at that Agency/Division and include language advising of the provisions set forth in sections a above and sections d and f below.
c) Copies of such postings will be provided to the union covering the transferred employee and to the union covering that classification at that Agency/Division;
d) Upon appointment, the position and the employee newly filling the position will be assigned and accreted to the collective bargaining unit covering that classification at that Agency / Division and the position will thereafter remain within that collective bargaining unit and the parties will work cooperatively to file the necessary documentation with the Labor Board;
e) The employee’s primary, secondary and State seniority shall all be determined in accordance with collective bargaining agreement covering that classification at that Agency/Division;
f) If there are no qualified applicants for the position within the time limit contained in the applicable collective bargaining agreement covering the transferred employee, the vacant position will be filled in accordance with the collective bargaining agreement covering that classification at that Agency/Division;
g) In no event shall the State change the bargaining unit affiliation of any affected employee except as described herein; and
h) In no event shall the State’s decision not to post a position be used as a
subterfuge to evade these limitations.