In a letter today to SOA Director of Personnel and Labor Relations Kate Sheehan, ASEA Executive Director Jake Metcalfe asks for news that the state is prepared to provide notice to ASEA members no later than June 17 of potential layoff at the end of the month if the State Operating Budget is not passed and signed. In addition, he asks that information prepared for the announcement be shared with the union to coordinate for the benefit of bargaining unit members. Union leaders of Local 71 (Labor, Trades and Crafts) and APEA-AFT (Supervisors) were Cc:'d.

From: Jake Metcalfe
Sent: Thursday, June 10, 2021
To: Sheehan, Kate E (DOA)
Subject: Operating budget and minimum notice of layoffs approaching

Hi Kate:

We are well into June and the Legislature is still deliberating over the State Operating Budget. As you know, the State is required to notify employees of potential layoff due to a government shutdown on July 1 if the budget is not passed and signed by the governor. The State declined to give full notice of potential layoff as provided in the ASEA Contract and I write to you now for assurance that the contractual minimum required notice of ten working days will be observed for the benefit of all parties.

Article 12 of the ASEA Contract reads:

In every case of the layoff of any permanent employee, the appointing authority shall make every effort to give written notice to the employee at least thirty (30) calendar days in advance of the effective date of the layoff. The appointing authority shall give at least ten (10) working days written notice.

Ten working days from July 1 is June 17, a week from today. ASEA expects, as I'm sure the State does, that these notices will not actually lead to layoffs. However, I’d like confirmation from you that the State is prepared to honor the contract language by providing employees with this minimum required notice. 

ASEA members are dedicated public workers who deserve ample notice to make necessary plans for themselves and their families in times of uncertainty. Many of our members recognize this situation from past years, but for others this is new territory. As you might imagine, questions from the ASEA membership over layoff and leave cash-out come with additional concerns over benefits and health care, etc. 

Along with assurance that a minimum notice requirement will be met, please share whether the State has prepared or updated its communication and guidance for state workers to address the employer’s response and the employees’ options in the event of a government shutdown. ASEA members have growing concern over interruption to state services and programs, lost income, access to the value of accrued leave, disrupted benefits, and many other questions if they are laid off as a result of a government shutdown.

The time for a courtesy notice has passed and minimum notice for the State to inform employees of potential layoff will soon be triggered—even if we all hope for the best outcome. 

Please let me know as soon as possible what the State plans to communicate to its workforce. Any resources you share will allow ASEA to coordinate its message to members of the bargaining unit.

Thanks for all you do.

Jake Metcalfe
Executive Director
ASEA/AFSCME Local 52