NEW YORK NURSE: March 2011

RNs at work

Your rights during a layoff

Q.: I’m hearing rumors that there may be layoffs at my facility. What kind of help can I expect from NYSNA during a layoff?

A.: It’s important that you read and understand your union contract and meet with your NYSNA representative, who will guide you through the layoff process. Your NYSNA representative will help you identify where you are on your bargaining unit’s seniority list and inform you of any rights you may have to displace another member. You will be kept informed of available positions for which you may be qualified.

Your NYSNA contract has provisions related to layoffs – including notice periods, bumping rights, seniority rights, retraining, and recall rights. In some cases, layoff procedures are further defined by statutes such as the U.S. Worker Adjustment and Retraining Notification Act and New York State Civil Service Law.

Most NYSNA contracts require employers to provide accurate information on planned layoffs – such as the list of targeted positions, seniority lists, and available vacancies. Whenever possible, NYSNA will hold meetings with management to obtain the facts and determine if there are alternatives to a layoff.

If the contract has not been properly followed, NYSNA will make use of the grievance process or other legal methods to resolve the issue.

Your NYSNA representative will keep you informed. It’s very important that you remain active in your local bargaining unit during the layoff. Communication and support are keys to surviving a layoff.

The NYSNA EGW Program receives many inquiries each month from members who have problems in their workplaces. If you have a question about labor relations at your facility, contact your NYSNA nursing representative. If you have a question you think should be featured in this column, send it to: RNs at Work, NYSNA, 120 Wall Street, 23rd Floor, New York, N.Y. 10005.