Recently, the NYC Health and Hospitals Corporation (NYC H+H) had a layoff of a large number of managers, close to 400. This was after another 70 layoffs earlier in the year.
Even after Mayor de Blasio advised he was confident that there would be no layoffs , NYC H&H still went through with the mass layoffs of managers and central office staff.
With a reported projected budget gap of $2 billion , the NYC H+H had to do something. The projected savings of $60 million annually is small change in the whole scheme of things. However, the impact to the individual manager is substantial.
Although the Chief reports that a number of managers are considering lawsuits regarding being laid off because of age-discrimination, the Chief also reports that “Close to 25 percent of the 400 managers hit with layoff notices opted to revert back to their last civil-service job title…”
Revert back to their last civil service job title. I’ve covered that in several of my posts and I can’t stress the value of that enough.
First, DC37, who covers most of the city’s unionized workforce, has strong terms regarding layoffs and terminations. The DC37 Citywide Contract requires ample notifications, attempts to place the employee in alternate work locations and agencies, and other protections. Many NYC H+H employees are unionized, by DC37 as well as other unions; and most of the unions have protections similar to DC37. This is why it was easier to target managers and other ‘non-protected’ employees.
Most information in the video appears relevant to NYC – But always check with an attorney familiar with NYC!
NYC managers can (and should) become members of the NYC Managerial Employees Association (NYCMEA), however, the NYCMEA only advocates on behalf of managers – they cannot negotiate as a union can, and can only encourage initiatives and provide support on behalf of managers. The NYCMEA does provide access to legal resources, but the individual manager still acts alone.
It wasn’t too long ago that NYC managers lost two vacation days and a small pay increase to support a paid parental leave initiative – taken without their approval . The NYCMEA tried to make a stand but was ineffective. Some managers took it upon themselves to challenge it.
So, reverting back to your civil service title, or as some say, ‘fallback’, gives you job security. Under city rule 6.2.7:
6.2.7. Other City Service.
A permanent competitive class employee, separated from a position by appointment or promotion to another position in the unclassified or classified service of the city and who has served continuously therein, shall be eligible for reinstatement to the competitive class position formerly held by the employee or to another similar position or lower position in the same or similar occupational group or service.
Now, as I stated before, I am not an attorney, law student, HR person, or any legal kinda guy, but I believe this is where some of the NYC H+H managers fit. The managers (formerly “A permanent competitive class employee…”) were “separated by appointment or promotion to another position…” and “…shall be eligible for reinstatement to the competitive class position formerly held…”
That is gold.
So, the terminated managers could be angry, rightfully so, and perhaps somewhat humiliated. And probably take a pay cut to their former position. But that 25% will still have a job – with the security and seniority that comes with the union position.
So, if you’re a provisional now, make sure you check out the DCAS exams to see if you’re civil service title (not your in house title) is scheduled to be given. Even if you’ve been promoted. That fallback title will keep the check coming should your managerial job gets “downsized”, “right-sized”, “farmed out”, “cut back” or any other synonym that puts your managerial job at risk.
Comments and Questions Welcomed Below.
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