Harvard Works Because We Do Harvard Union of
Clerical and Technical Workers

Layoffs Discussions & Work Security

Required Discussions

When considering changes that would have a negative impact on any HUCTW member’s employment, Harvard is required to negotiate with the Union before finalizing any plans, to provide information around the basis for any proposed changes, and to allow for the development and discussion of alternative proposals to prevent job loss. Our contract says that Harvard must work together with HUCTW to make “every effort to ensure the security of employment.”

Below is the relevant contract language:

Introduction

Harvard employees play an indispensable role in the work of the University.  The University recognizes each employee as an integral and valued member of the Harvard community and has a commitment to provide stable and secure jobs within that community.  The University and Union acknowledge the importance of developing and maintaining a working relationship that encourages ongoing, thoughtful conversations about operational priorities.  Job elimination should not be viewed as a common practice in departmental reorganizations or other administrative changes, and every effort should be made to ensure the security of employment.  In cases when the University is required to make layoff decisions, length of service shall be the deciding factor absent demonstrable differences in job function, qualifications, abilities, and documented performance.  The University’s basic right to lay off or eliminate jobs is recognized.

Union-Management Discussions

When considering a layoff or possible job elimination, a unit will notify HUCTW of the need to discuss the contemplated changes.  The consultation process is one of mutual respect and participation, and both parties are expected to make a good faith effort to ensure confidentiality and to use the information disclosed to each other judiciously. During the discussion period, HUCTW may ask management to provide certain pieces of information that could be helpful in evaluating alternatives to layoffs.  HUCTW and the affected employee groups will together have an opportunity to fully review the reasoning, as well as to offer alternative ways of accomplishing the desired operational objectives.  Both parties will strive to conclude the discussion period as efficiently and expeditiously as possible.  In any event, layoff notification to an affected employee will be made in the first instance solely by the local human resources office and/or supervisor.  Even in situations when a unit or department is considering a restructuring that will not result in layoff or job elimination but may potentially affect the terms and conditions of employment of union members (including decisions to outsource services), the unit will discuss the contemplated changes with HUCTW.

Guiding Principles

The University and the Union will keep the following guiding principles in mind when considering layoffs.

  1. It is not appropriate to use a layoff / job elimination as a substitute for performance management or as a pretext for discharge or the elimination of an HUCTW bargaining unit job.
  2. Every effort should be made to ensure the security of employment. To that end, the University and Union encourage the use of attrition and voluntary layoffs in place of job elimination where possible.
  3. With the goal of preserving continued HUCTW staff employment, use of LHT and temp workers will be reviewed by the Union and the University prior to the elimination of any HUCTW position

Term Positions

  1. The provisions of this section do not apply to Term Employees as defined in the section of this Manual entitled Types of Employment, unless the employee is laid off before the end of the period specified at the time of hire. If the employee continues in a Term position for more than two years, the provisions of this section do apply.   
  2. A department or organizational unit laying off any employee continues to have an obligation to that person for the two-year period following the layoff. During this time, the department or unit must: (a) make an offer of employment to such an individual should the same job again become available, or (b) give strong preference to such an individual in filling any new job having similar duties and responsibilities, provided that the laid-off employee is qualified to perform the duties of the open job.

Notification

  1. The University will promptly inform all affected employees of any impending layoff / job elimination. In the case of grant-funded jobs, the expected duration of funding will ordinarily be communicated at the time of hire and updated when necessary.
  2. No layoff / job elimination can take place without a written notice of at least sixty days except in the case of grant-funded jobs. In the case of an unexpected loss in grant funding, written notice will be given at least thirty days before the layoff / job elimination.

Work Security Program

In situations when layoffs do occur, our negotiated Work Security Program provides members with full pay and benefits for typically five but up to eight months after notification, as well as job search support, while members look for a new position. These policies apply to members in permanent positions, in term positions that last for more than two years, and in term positions of any length (even under two years) that are ended before the end-date specified in the member’s original offer letter.

There are four components to the Work Security Program: salary and benefit continuation, designated Case Managers, free skill-building, and contract language about preference for hiring layoff candidates.

(1) Salary and Benefit Continuation

Laid off members stay on the payroll with full pay and benefits through their Notification and Work Security periods, typically five months, with the possibility of up to eight months.

Notification Period
A union member is given 60 days of notice before the job ends, except in the case of unexpected loss in grant funding, when a union member may be given 30 days of notice. Ordinarily, the union members reports to work as usual during this time.

Work Security Period
After the notification period, a laid-off union member (“Work Security candidate”) stays on the payroll with full pay and benefits for up to three months as he/she looks for a job. The union member does not report to work during this time and instead engages in a full-time job search. If the Work Security candidate has not secured reemployment by the end these three months, he/she may apply for up to three additional months of full pay and benefits (on a month-to-month extension basis). Being granted extension is not guaranteed – it is contingent upon the union member’s active participation in all phases of the job search process, both during and after the notice period, and defined funding from the negotiated funding source.

(2) Case Managers

Each Work Security candidate is assigned an HR Case Manager who assists the union member with the job search, including making advocacy calls for interviews and getting feedback afterwards, helping to prepare for the interviews, fine-tuning resumes, etc. In addition, an HUCTW representative is paired with the Case Manger to help union members’ with their search.

(3) Free Skill-Building for Job Seeking

Work Security candidates can take free classes at the University’s Center for Workplace Development. Candidates benefit most from career courses and computer classes.

(4) Preference in Hiring

Our negotiated contract language sets forth that Work Security candidates have preference in hiring over equally qualified outside candidates, including temps.

Below is the relevant contract language:

Work Security and Harvard Job Searches

  1. Based on their history of proven contributions, laid-off staff members will be given hiring preference over outside candidates, including employees from temporary agencies, for any vacant job for which they are qualified. In an effort to facilitate placement, the Human Resources office of any hiring school or department to which a laid-off employee has applied will interview that laid-off employee in a timely manner and will provide feedback regarding the laid-off employee to the assigned Case Manager for the purposes of advising the laid-off employee. All HUCTW layoff candidates will receive timely responses to job applications.  Moreover, all staff facing layoff or on work security shall have access to free training at the University’s Center for Workplace Development.
  2. If an employee on layoff status is being considered and will be hired to fill a comparable or higher position in another department, the posting requirements may be waived.

Case Management

  1. A Case Manager will be assigned to work with an employee facing layoff as soon as possible and preferably at the start of the notification period. The case manager will be paired with a union representative to assist the employee. The case manager may be the local human resources officer, a representative of Central HHR, the employee’s manager, or other designated management representative, or a combination of the above. This team will be assigned during the notification period and will continue to work with the affected employee through Work Security pay and benefit continuation. (See Work Security and Benefit Continuation) Continuation of pay and benefits will be reviewed and a determination made on a monthly basis.  At the earliest feasible time during the layoff notice period, a case conference may be held to: review the personnel files, assess the placement potential of the laid-off employee and possible alternatives to work security if appropriate; develop the range of appropriate positions and/or job families for which the employee should apply; and determine an appropriate case management plan.  The case conference will include the assigned case manager, the local human resources officer (if different), the assigned union representative and the employee facing layoff, and may include the University and Union Central Case Managers.
  2. The Case Manager will work with the employee to develop a transition plan that may include such elements as retraining, informational interviews and/or career counseling and development.
  3. At the earliest feasible time, but in no event less than thirty days from the layoff, the Case Manager should begin to explore transfer opportunities as desired by the employee facing layoff / job elimination, with a view toward placing the employee in a comparable open position with the University as soon as possible. The Case Manager will assist the employee in identifying and applying for appropriate openings at the University.  The Case Manager will also contact departments with openings in support of the employee’s priority candidacy.
  4. It is recommended that at the close of the first month of Work Security, the case manager and the employee prepare a report for the Work Security Coordinators which should include a summary of case management activities, including advocacy calls to hiring schools and departments (by the case manager and others), target jobs, a sample resume and cover letter, skill-building plans (if applicable), and a plan to maximize job search activity for the remainder of the Work Security period.
  5. The employee facing layoff/job elimination is expected to participate actively in all phases of the job search.
  6. The University and HUCTW will continue their Joint Work Security Program oversight with a Union-Management pair, to provide the following University-wide services:
  • Serve as a “clearinghouse” of available job information & University resources
  • Provide additional resources for longer service employees
  • Maintain best practice guidelines for case managers
  • Coordinate regular employment related trainings, e.g., resume workshops, interviewing skills
  • Develop and maintain template for appropriate job families/positions to which to apply
  • Develop and maintain roster of possible case managers (Non-HR)
  • Participate on Joint Work Security Committee
  • Oversee development of a system for communicating with all hiring supervisors, at the time of job posting, about work security commitments and qualified work security candidates
  • Establish a mechanism for collecting information from hiring supervisors about hiring decisions involving work security candidates

Work Security Pay and Benefit Continuation

  1. Continuation of full pay and benefits (which includes accrual of sick and vacation time) may be extended for up to three months from the official layoff date. Pay / benefit continuation decisions will be made jointly by the local human resources officer and the union representative.  If disagreements arise, the parties can appeal to the Joint Committee on Work Security or Labor and Employee Relations and HUCTW.   Where appropriate, as outlined in Article II of the Agreement, a case manager may refer an individual situation to the Joint Work Security Committee to consider additional extension of wages and benefits.
  2. An employee’s entitlement to these work security benefits is contingent on that employee’s active participation in all phases of the job search process, both during and after the notice period. An active job search shall include making all reasonable efforts to apply for all relevant positions within the University, as well as maintaining an active job search outside of the University.
  3. An employee does not work at her/his former position during the time when she/he is receiving extended pay and benefit continuation.

Severance Payment

  1. Severance pay is calculated at the rate of one week per year of service, with a minimum of one week. After fifteen years of service, severance pay is calculated at the rate of two weeks per year of service.  Calculation of severance takes into consideration all years of service.  For employees who have worked both full-time and part-time while at Harvard, severance will reflect the amount of time worked full-time and part-time (prorated.)  For example, if an employee has worked ten years (the first eight full-time and the last two half-time) the severance payout would be calculated at one week of full-time pay for eight weeks and two (pro-rated) half-weeks of pay for two weeks.
  2. A dean or department head may authorize additional severance pay because of special circumstances.
  3. If the laid-off employee again becomes a regular employee of the University within two years of the layoff date, the following policy applies: If the number of weeks the person is not employed by the University is less than the number of weeks of severance pay received, the amount of severance overpayment shall be repaid to the University.

Other Layoff Related Information

  1. Laid off employees are eligible to purchase 52 weeks of health and dental coverage at 1 ½ times the regular group rate for Harvard University staff and to purchase additional health and dental coverage beyond 52 weeks at such cost and for such periods of time as they may be entitled to under applicable law.
  2. Employees facing layoff/job elimination should contact their local human resources representative for information on benefits continuation.
  3. To file for unemployment compensation, an employee should complete a Separation Notice form for the Massachusetts Division of Employment Security. Forms are available at any local unemployment office.
  4. If the person again becomes a regular employee of the University within two years, prior service shall be included when computing service for benefit purposes.

Please email us at huctw.info@huctw.org if you have any questions.