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Reverse Leslye's Layoff
When administrative assistant Leslye Lowen reported as usual to Rutgers’ Cook Campus on June 19, she received a layoff notification. Prior to her union forming one year ago, Lowen was an “at will” employee without a contract and would have been out of her job without recourse. This year Lowen has the right to challenge the layoff because her department violated the contract by opening a new job with the same title doing the same work at the same time. So instead of going quietly into an uncertain job market, Lowen turned to her contract and is standing with her union members to demand justice.
“This is a clear attempt to fire an active union member for exercising her rights,” said union president Lucye Millerand. “So we immediately filed a legal challenge against her layoff.” Lowen and the union are utilizing the grievance process and expect to prevail, but her boss Michael J. Pazzani has refused to honor the contract and return her to work.
| Sample Letter for Campaign |
Subject: Reverse Leslye's Layoff
Dear [ Decision Maker ] ,
I am writing to protest the illegal layoff of Leslye Lowen and to request that you reverse your decision by returning her to work.
The layoff is troubling for several reasons. First, Leslye's contractual seniority rights were disregarded leading to the layoff. Then, she was not fairly placed into an open position with the same job title with responsibilities that she executed under your predecessor for many years.
Your department had exhibited a high level of anti-union hostility throughout the union organizing campaign. Unfortunately this has apparently carried over and created an atmosphere where Leslye could not be fairly placed into a position that should rightfully, contractually and legally be hers.
I am standing with the Union of Rutgers Administrators-American Federation of Teachers, Local 1766, AFL-CIO to call for you to return Leslye to work. This action would show respect for the legally bargained contract, respect for Leslye's rights and respect for your colleagues at Rutgers.
Signed by:
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Campaign Launched:
August 13, 2008
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Unfair Layoff Background Information
Vice President Dr. Michael J. Pazzani joined Rutgers in 2005. Since that time there has been significant turnover in the department he leads, which includes the Office of Corporate Liaison and Technology Transfer (OCLTT), Office of Research and Sponsored Programs (ORSP) and several other programs. Firings and layoffs of individuals working in those departments have been numerous.
Administrative Assistant Leslye Lowen had worked interchangeably over nearly ten years between ORSP and OCLTT. Functionally the two offices coordinated duties and shared resources such as information technology and accounting. Ms. Lowen is the union building steward and chair of the Committee on Political Education.
Timeline
- On June 5 a newly created Administrative Assistant position in the ORSP was posted for external recruitment through Rutgers University’s Human Resources recruiting system.
- On June 12 an Administrative Assistant with approximately five years seniority working at OCLTT was moved to work directly for Dr. Pazzani.
- On June 19 Leslye Lowen, who has ten years seniority working at Rutgers, received layoff notification from an Administrative Assistant position at OCLTT.
Union Action
1. The union immediately grieved Ms. Lowen’s layoff citing violation of the seniority provision of the contract and discrimination against Ms. Lowen because of her union activity.
2. The union filed an unfair labor practice charge with the New Jersey Public Employees Relations Commission (PERC), charging that Ms. Lowen was terminated because of anti-union bias.
Management Response
Dr. Pazzani met with Ms. Lowen, two stewards and an elected union leader on July 18 at a second step grievance meeting. The union stated that Ms. Lowen was unfairly targeted for layoff on two counts: 1. Dr. Pazzani moved a less senior AA from working with her in OCLTT to a new position he claims is different although it is working for him directly without going through a hiring process; and, 2. A third new AA position was created and posted in the same department.
Dr. Pazzani concedes that Ms. Lowen had no disciplinary record, always met standards in performance and was functionally familiar with the operations of the departments. Ms. Lowen described several productivity enhancements she instituted in the department.
On August 4, Dr. Pazzani denied Ms. Lowen’s grievance thus proceeding with her layoff while the union is left to proceed to a third step grievance demanding University Human Resources reverse the unfair action.
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