Layoff Protections: Industry Wide Agreement (IWA)

March 17, 2020

The Union is closely monitoring layoffs to ensure they are being done properly in accordance with the contract. Under the 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;
  • Management cannot lay off an employee more than three (3) times in any one (1) calendar month.

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 three (3) calendar days’ prior written notice of this second layoff; that means that they must either give 3 days notice of the 2nd layoff or offer more work if it falls within that 3 day period when recalling any employee.
    • Exception: When ten percent (10%) or more of the employees in a classification scheduled to work on the same shift, call out with less than twelve (12) hours notice prior to the shift, then management only has to give two (2) rather than three (3) calendar days’ prior written notice of the 2nd layoff when recalling someone to work 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.

No scheduled overtime, extra rooms or combination jobs:

  • There is no scheduled overtime permitted in any classification with laid off employees
  • No scheduled extra rooms are allowed during lay-offs if Room Attendants are on layoff until available work has been first offered to those laid off employees. Without these contract protections, management could pay someone slightly more—like an hour or two of overtime—instead of giving the laid off worker a full-day's work.
  • No combination jobs if the result is being laid off
    • Working also gives members hours towards healthcare and pension credits, a huge additional expense to the hotel.
    • It's very important you keep an eye out for this.
    • Also, let us know if management is warehousing rooms (keeping check-out rooms that haven't been cleaned)

Management cannot do bargaining unit work:

  • If there is a layoff or an employee in the affected classification is on reduced-work week, management cannot perform any union member’s work (bargaining unit work) in that classification. If they do, the most senior person on lay-off should get paid for the day.

Part-time premium pay:

  • Part-time premium pay must be paid to HTC-represented workers who are available for a full work week and whose schedule is reduced to less than a full work week. Part-time premium pay is 1.25 your hourly wage rate and is paid for the first 17.5 hours (if an employee has a 35 hour work week) or 20 hours (if an employee has a 40 hour work week).

No extras or substitutes:

  • No extras or substitutes can work when there is a lay-off in the classification. For instance if a Room Attendant is laid off in the evening, an extra Room Attendant can't work in the morning.
  • Management also does not have to notify us of lay-off of extras or substitutes and they don't get the five day notice/three day recall notice.
  • This is why extra employees get paid time and a quarter for all hours worked (unless they receive notice of schedule to work a full work week and are offered a full work week), because they don't have the same scheduling rights as regularly scheduled employees.

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 three days-notice, or the equivalent in work (When it comes to recalls from layoff, management must give 3 days notice before a 2nd layoff, which means that they must either give three days notice or offer a minimum of 3 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.