As if COVID-19 wasn’t enough for municipal employees to worry about, now there are rumblings of possible furloughs and layoffs being tossed around.
Not shocking; something has to give when you decrease the tax revenue while having to provide additional ambulances, personal protective equipment (PPE) to all employees, cover sick employees with overtime resources, among other things.
But hopefully you’ve followed my discussions regarding taking city exams, the advantages of permanent status and have taken action. After all, as the saying goes, your best defense is a good offense.
Because when it comes to furloughs and layoffs, your city civil service status and union will be the defense portion of your forward actions.
DC37 has it spelled out in good general terms here: “Layoffs of competitive class employees in the same title must take place in the following order: provisionals, probationers, permanents.”
I’m not trying to be an alarmist here, but when your bosses, bosses, bosses, bosses, boss (the Mayor) talks about furloughs and layoffs, wherever you might be in the food chain, you should know your facts and protections.
DC37 Citywide Contract
For DC37 union members, that would be in the citywide contract – yes the same 1995-2001 Citywide Contract (Still in Effect). The provisions are under “ARTICLE XVII – JOB SECURITY” starting on page 46.
There are a lot of gory details in there and we won’t be going over them in detail, but if you start hearing about the possibilities of layoffs and/or furloughs within your organization, you should begin by reading the details and contacting your shop steward or local officers for any updates. The union will be notified by your agency of the titles that will be affected and the number of employees under consideration.
There are several discussions that have to take place and procedures that need to be followed prior to any layoff. That’s why it’s easier for the city to cut non-union managers – they have no protections. The NYCMEA is not much more than a prisoner trustee for the managers and have little power to stop any layoff or furlough actions against them. I spoke of the Health + Hospital managers that were laid off a few years ago – it was easier to let them go rather than get into a complicated situation with the union.
However, these times are a bit more trying. When the layoff discussion includes police officers, firefighters, and EMS, their support teams (mechanics, office support, maintenance personnel) are most likely in the crosshairs as well.
Early Buyouts, Probably Not
There may be other ways to handle it. The city might offer an early buyout for employees almost ready for retirement. This will pare things down a bit. I wouldn’t necessarily believe it – there hasn’t been a real buyout offered since, probably, 1995-1996 (the one in 2010 was only offered to select agencies). But these are different times. I wouldn’t think it would make a dent in the shortfall and the city would lose experienced workers (I know, bah humbug to me for those looking to get out early).
So, know the facts, and know who you need to contact should the situation take another turn for the worse and the discussions of furloughs and layoffs get too close for comfort.
Questions and comments are welcomed here.
How does the city count seniority? See Question/Example below
Person A – 5 years with city and 1 year in new title still on probation
Person B – 3 years with city and 2 years in same title as Person A but completed probation
Who has more seniority?
Hi Jack,
I’m familiar with DC37 and the Citywide Contract so you may be covered under another contract if you’re with a different union so there may be tighter rules and descriptions.
And I’m no expert at it either, so take my opinion with a grain or two of salt… however, this is what I’ve come to know.
First – seniority really isn’t counted for anything other than layoffs. It was commonly thought that seniority was required to be factored into vacation picks, shift choices, work mandates, etc. However, as would come with time and hard-earned experience, when push comes to shove, the “senior man” had the same “seniority” as others in the same title. But, in my shops, we always tried to support the seniority level as best we could and usually it worked out.
So, with your example, according to the citywide contract, “Employees in affected titles in the layoff unit shall be laid off in the following order: i. All employees in probationary status in the same title. Among them, layoff shall be in inverse order to date of original appointment. ii. All employees who have satisfactorily completed their probationary periods in the same title. Among them, layoff shall be in inverse order to date of original appointment.” Link is here and see at the end of the page: DC37CC-Layoffs
Which means… (the way I read it) is that the 2 years in the in the same title as permanent (earlier appointment) is senior to the 1 year probation (probable permanent). Even after the probation period, the 2 year person has the earlier appointment date.
That actually went for me – I came in as a provisional, there were two guys that came in about a year and a half earlier. We all took the test – and I was the only one to pass of the three. I became a permanent first and that gave me seniority over them (but I always treated them as the senior guys to me as a courtesy). But, maybe I wouldn’t have been so nice if there were layoffs looming… 😊
Good luck! – Chris
How do i post a topic on the SI Ferry being out of contract for 11 years and almost all captains and assistant captains provisional and step up with no exam in almost 20 years.
Hi,
The recent short list of DCAS exams has a “Captain (Ferry)” with an exam number of 1217 – I don’t know when the closing date would be so please check it out soon if that applies.
It’s advertised as a Qualified Incumbents Exam so if you have the time in service or the right number of years of experience and the qualifications it generally becomes an Education and Experience exam.
If this isn’t the exam maybe some of our readers can provide input…
Good luck! – Chris
I work in an IT unit of an agency.
I am the only one in my civil service title. I am permanent. (Completed probation). There is someone else in my bureau who does similar work with a different permanent civil service title in the same union. There is someone else doing similar work with a civil service title, but not related to IT. There are 2 other employees whom do not have civil service titles. I have the highest salary. Hypothetically, Can my title be layed off while others keep their jobs?
Hi,
Hypothetically – yes – I think you could be laid off before the others. In referencing the DC37 contract, when a layoff occurs, the Office of Labor Relations is to provide the union a list of titles, title codes, and related information to the union 30 days before a layoff. I presume that list is generated by DCAS from agency input.
Being that the list is by title, certain titles may not be on it.
With someone doing work with a non-related title sounds like out-of-title work. That would be something that should be addressed and certainly used for support if a layoff does come your way. I think the agency using someone working out-of-title would have some challenges if they were to let go of someone in the correct title and keep someone working out-of-title…
Being that you’re permanent, it would take some doing for them to lay you off – certainly possible – but usually they go for the easier people first – provisionals, any contractors if they’re used. Make sure you know the rules – if you’re in DC37 check out the contract here.
Hope this helps and good luck!
why is there not a civil service title for Director Of Transportation within city agencies. The highest title that I am aware of Supervisor of Motor Transport. There should be one more after that which consist of Director.
Hi,
Good question… from what I’ve see in a few agencies is that the title of “Director” is an in-house title with that person holding another civil service title for their payroll/benefits. For example, some of the directors I have worked with were Staff Analysts, Supervisor of Mechanics, Manager of Radio Repair Operations, Computer System Manager, among others. Check out my post on In House vs. Civil Service titles for more info.
You could begin to ask that question of the union – but from my experience it’s been an uphill battle. The city is looking more to consolidate titles than add more.
Good luck! – Chris
What about non-competitive employees such as; community coordinator or community associate? Do these employees enjoy the same protections even though they haven’t taken any civil service exam?
Hi,
No – they are provisionals so they are at risk as any provisional would be. However, if a layoff were to occur, it would probably not be generalized as in “all provisionals would be laid off” but they would most likely select by title. So, if an agency was to cut 10%, they may say “10% auto mechanics, 10% office associates,” etc. But they might receive pressure from the unions if they cut permanents – especially skilled permanents – so they would have to consider taking the “low hanging fruit”. It’s much easier to cut provisionals – little to no union support and no job protection. They may not save as much on costs depending on the title and skill so one would have to look at the details – is it 10% cost savings of a dollar amount, is it 10% personnel reduction and the dollar amount is whatever it is?
Hope that helps and good luck! – Chris