No question, restructuring efforts will have an impact on your employees. Some of this impact can be dealt with during the restructuring process, especially as you plan for transition and change. However, certain changes that affect employees have legal implications and must be addressed within the context of the State of Vermont and VSEA labor contract. Managers are urged to contact the Employee Relations Division of the Department of Human Resources as soon as they are aware that their restructuring efforts will involve legal issues. Of course, we hope that departments will have been working with the Department of Human Resources long before potential labor relations issues arise.

This chapter provides an overview of potential contractual issues you may encounter in restructuring. It also highlights critical areas to be particularly mindful of in safeguarding employee rights. Topics to be addressed include:

• Reduction In Force (RIF)

• Changes in schedule, shifts, and geographic location

• Overtime and higher assignment pay

• Classification

• Privatization

Your organization may not need as many positions as it did before restructuring. Specific programs may be consolidated, transferred to other organizations, or perhaps eliminated if the need for such programs no longer exists. When such circumstances are present, you may be faced with a reduction in force or RIF situation.

Under no circumstances should Reduction In Force be viewed as a way to deal with an employee performance or discipline problem, to displace ill or injured workers, or to "encourage" retirement.

Laid off employees in permanent, classified positions (and those in limited-service positions having 3+ years of service) are eligible for employment benefits, such as mandatory reemployment, restoration, and displacement rights, under the Reduction In Force provision of the Contract. The fact that certain amounts of accrued annual leave and compensatory time off are paid when an employee is riff’d will need to be considered, should a lay off be necessary.

When you have determined that a reduction in force will occur, the following steps should be carefully observed:

• Consult with your personnel officer/administrator.

• Contact the Employee Relations Division of the Department of Human Resources as soon as possible!

• In consultation with Employee Relations, provide a list of all affected employees to the Vermont State Employees Association (VSEA) at least 35 days before the effective date and at least 5 days before any employee is officially notified.

• Notify the affected employees in writing at least 30 calendar days before the effective date.

Some restructuring changes in your organization may create the need for new work schedules or shift changes. There is a formal notification and possibly an impact bargaining process that must be followed before implementing a new or different work schedule or shift. This process, covered in the Employee Workweek/Work Location/Work Shift Article of the State Employee contract, could take 45 days or more to complete so contact your personnel officer or the Department of Human Resources early.

Shift and schedule changes require that you follow additional procedures when employees do not voluntarily accept the proposed changes. In these cases, seniority is used in reverse order to select employees for new or different schedules or shifts. In any case, two weeks notice to affected employees is required before the actual change takes effect. Changes in schedules may also affect shift differential pay. The Contract also provides for a bidding process for available permanent shift vacancies in certain cases.

Seniority is a consideration when contemplating geographic changes of employees being relocated more that 15 miles from their current work site. Employees involuntarily transferred more than 35 miles away may elect to resign and can be granted RIF rehire rights.

The foregoing is a summary of some of the issues you need to be mindful of when you are planning shift, schedule, or location changes in your department. For more detailed information consult the State of Vermont and VSEA Employee Contract. Be sure to plan well in advance to insure that all contractual time lines can be met. Finally, consult with the Department of Human Resources Employee Relations Division when you have questions about Contract provisions and well in advance of any proposed change that affects your employees.

Sometimes restructuring creates the need for employees to work overtime or perform higher level duties for short periods. Both the State and VSEA discourage the use of excessive overtime. However, the Contract provides for the use of overtime when it is consistent with the efficient operating needs of a department. When overtime scheduling is needed, reasonable efforts should be made to

distribute it fairly, assigning overtime to volunteers whenever practical. For more information about overtime, refer to the Overtime Article of the State Employee contract.

In most cases, employees who perform the duties of a higher level position for at least five days, may be eligible for extra pay. Higher assignment pay is intended to be used for short term situations (2 weeks or less). If an employee will be expected to perform higher level duties for a longer duration (up to one year), request a temporary reallocation through the Classification Section of the Department of Human Resources. Please refer to the Higher Assignment Pay Article of the State Employee Contract for more information about higher assignment pay.

Most likely, your restructuring efforts will result in changes to duties or functions of positions in your organization. When developing new positions or reassigning duties there are some important factors to keep in mind. Changes to job duties should consider the individual employee’s ability. Never "program" an employee for failure by assigning tasks for which he/she is not qualified and could not be reasonably expected to perform successfully after a specified training period. This is especially significant when dealing with so-called problem employees. It cannot be emphasized enough, that restructuring should not be seen as a way to address performance issues. Likewise, be aware of any ADA implications when reassigning tasks. Be clear about the essential job functions required to accomplish the primary objectives of the position. Determine which tasks can be performed by other positions, with technological assistance or by changes to the work site in order to accommodate an otherwise qualified employee.

After you have determined how duties will be assigned, prepare position description forms (PER-b) for all affected positions. Submit the form(s), with a proposed organization chart, to the Department of Human Resources Classification Section. Classification changes are effective the pay period following the date they were received by Personnel or later if the duties have not yet been assigned. Please note that classification changes are not retroactive prior to when the review request is logged in at the Department of Human Resources.

The classification process involves review and analysis by Department of Human Resources Classification staff. Classification review can result in no change, reallocation to a new or different job class or reassignment to a higher or lower pay grade. Changes to one position can impact the pay grade of other positions at pay grades above and below the position underreview. Reclassification can also affect bargaining unit designation (i.e. from non-management to supervisory) and overtime category.

A position’s pay grade is related to the level of duties performed. If new, higher level duties are assigned as a result of restructuring, the position’s pay grade would be expected to increase. However, never promise an employee that the review of their position will result in a pay grade increase or assure them that a downgrade will not occur. For more information about Classification, refer to the Classification Review and Classification Grievance Article of the Contract and contact the Personnel Classification section in the Department of Human Resources.

The concept of privatization is seen by some as an option for streamlining state government. Privatization is also an extremely sensitive alternative, involving several significant legal and contract issues, that must be carefully planned and implemented. Suffice it to say that if you are contemplating privatization in your restructuring plan seek the advise of the Employee Relations Division at the Department of Human Resources, as soon as possible.