Layoffs UPDATE

AEE Bargaining Unit,

As you know, AEE and DAS previously signed an LOA (Tuesday, July 15) which governed a restart of the layoff notice process after layoff notices and a seniority list riddled with errors were sent on July 7th. Last week, when it became evident ODOT would not be able to meet the date it proposed for sending new layoff notices (July 16), the State sent AEE a proposal for an updated LOA to adjust the dates of the previously signed LOA.

In the proposal, DAS offered that laid-off employees could use up to 80 hours of leave time in August to extend health insurance through the month of September. In exchange, DAS wanted AEE to agree to truncate the contractual timelines around layoff notices. They wanted to shorten the timeline for people to select options, and to fast-track the last day of employment for those being separated. Our response was clear and loud; our contract provides specific, minimum timelines that must be adhered to, and the State can’t cut them short to meet their self-selected July 31 deadline. Just today, 21 days after this process began, ODOT has given us the formal notifications stipulated in Article 6.5 of the CBA. 

Most troublingly, AEE also could not secure an assurance from ODOT or DAS that there would not be a unilateral reshuffling of our members after layoffs. By ignoring the input from supervising managers and basing the layoffs on low seniority for the State’s expediency, ODOT HR has carelessly wiped-out capacity in some offices and Regions.  We now know, after they walk your colleagues out the door, they intend to move people around to fix what they have broken and will ignore the seniority and contractual rights of staff being forced into work they did not select. AEE feels strongly about defending our collective bargaining agreement and the rights of our members, and cannot in good consciousness take the bribe of using up to 80 hours of accrued leave to be complicit in that.

We also reminded DAS that our members can do math, and 80 hours of vacation cashed out is generally more valuable than a monthly premium for health insurance. For a benefit already being given to other ODOT employees – and as a result of their own missteps – they want to reduce the timelines required under the contract and walk people out the door with less than 15 days’ notice. 

We anticipate ODOT will send out new layoff notices to AEE-represented employees starting today. Despite AEE’s objection, we also expect ODOT will continue with its illegitimate plan to generally move AEE bargaining unit members around to fill the work ODOT chose to abandon through layoffs. AEE adamantly contends that this is a violation of the contract, ignores seniority rights, and flies in the face of the negotiated layoff and bumping process. Further, AEE continues to remind ODOT that as soon as it intends to move someone into a position, its first step must be to recall from the layoff list.

AEE is asking members to continue to inform us of any modifications to your work assignments, requests to perform work outside your position description, and any other changes to your working conditions.  Please document any of these actions, which will help in fighting contract violations moving forward. Remember, a layoff does not give management free rein to ignore the long-standing protections AEE fought to secure.

In Unity,

AEE