Layoff Protections: Division A

March 17, 2020

The Union is closely monitoring layoffs to ensure they are being done properly in accordance the contract. Under your contract, management is required to submit prior written notice of a layoff. That means that:

  • Before temporarily laying any employee off, management must give the Union five (5) days’ written notice

Recall

  • If a worker who was recalled back to work from a layoff is going to be laid off right away again, management must give the Union at least two (2) calendar days prior written notice of this second layoff; that means that they must either give 2 days notice of the second layoff or offer more work if it falls within that 2 day period when recalling any employee.
    • Exception: When ten percent (10%) or more of employees in a classification call out with less than twelve (12) hours notice prior to the shift, then management only has to give one (1) rather than (2) calendar days’ prior written notice of the 2nd layoff when recalling someone in order to cover those employees who called out.
  • HTC-represented workers must be recalled in order of seniority. This means the right person will be back doing their job and management can't try and hire someone off the street to pay them less for doing the same work.

Management cannot do bargaining unit work:

  • Management cannot perform any union member’s work (bargaining unit work) if any employee in the affected classification is on layoff, reduced work week, or otherwise adversely affected, and provided further, the work is not of a sufficient amount to justify hiring an additional full or regular part-time bargaining unit employee

Part-time premium pay:

  • Under the Division A contract, only permanent part-time employees (i.e. those who are scheduled to work less than a full work-week (35 hours in a week) are entitled to receive time and one quarter (1-1/4) pay for the first twenty-one (21) hours worked in that week.

Q: Is there temporary work available?
A: No, at this time, there are significant layoffs industry wide and no job orders are being posted with the Union. Union staff will not be registering HTC-represented workers with the Hiring Enforcement Office until the industry bounces back. Please continue to check the Union website for updates.

Q: Do you know when the hotel will call workers back from lay off?
A: We do not have that information available; you should contact your Human Resource Department. However, recalls will be done by seniority, it also requires two days-notice, or the equivalent in work (When it comes to recalls from layoff, management must give 2 days notice before a 2nd layoff, which means that they must either give two days notice or offer a minimum of two days work when recalling any staff.)

Q: Why is my delegate with lower seniority still working and I am laid off?
A: Delegates have extra protections under the contract. One of those protections is that delegates are the last workers to be laid off during a temporary layoff. The reason for this, is so that the eyes and the ears of the Union are working and able to help enforce the contract during layoffs. There are a number of important parts in the contract that are triggered during temporary lay-offs and it is absolutely necessary that the rank and file workers who enforce the contract are there and able to do it. We need the delegate there to make sure, for instance, that management is not doing your work and that people are called back in order of seniority. We advise the crew of this when we hold advisory delegate referenda.

Q: Can I request a delegate vote?
A: No, we do not hold delegate referenda during lay-offs.

Q: What do I do if, someone with lower seniority than me is still working?
A: You should speak to your Business Agent if you feel like there is a contract violation. Call 212-957-8000 to leave a message for your Business Agent.