State Team Divison

For questions related to differences between seniority credits and service credits, click here.

Q: How do the results of any civil service exams affect my employment?

A: There is no pass or fail for SEIU 1199 members taking the civil service exam -- it is simply a matter of completing the test, regardless of the score. For members, the Union contract replaces the prior practice of counting employees' scores on the civil service test, so it doesn't matter whether your stub says "permanent," "provisional," or any other term.

For reasons that are unclear, the State started civil service testing again a couple of years ago. Although anyone who had previously taken the test was exempt from having to retake it, folks who had never taken it, or who were newly hired, can be required to take it.

Q: My manager insists that some exempt positions like his have fall-back rights that allow him to bump into one of our units. Is that true?

A: Some managers are failing to add that they would also lose their seniority and only be eligible for vacancies under any fall-back scenario. Therefore, even a member hired one day before such a fall-back could not be physically bumped by a formerly exempt employee, since that current member would have already accrued more seniority. The 1199 state contract is clear that anyone who enters the bargaining unit after June 1, 2000 loses whatever seniority they previously had. Our interpretation of this matter is backed up by the state's own Office of Collective Bargaining.

In this challenging climate, some state bosses may feel more motivated to irresponsibly sow unnecessary doubts instead of debunking them. Whenever confusing rumors and word games like this arise, members should first check with the Union before jumping to any conclusions.

Q: Which agencies are being affected by layoffs, and how are they handled?

A: The agencies currently affected are ODMH, ODMRDD, ODJFS, ODYS, and ODRC. For the rest of this budget cycle, at least, other state agencies represented by SEIU 1199 will not be affected. The 1199 contract requires information packets pertaining to any layoffs to first be shared with the Union before a layoff is initiated. 1199 received the packet from ODMH in late February, which means that agency's process begins around April 1, to be completed around July 1. OMRDD delivered their packet on March 19, which will mean a window from about late April to late July. ODRC announced their plan April 8. To date, ODJFS and ODYS have yet to provide information to the Union, but check back over this space for any further updates as soon as they become available.

Exempt positions face significantly more layoffs than bargaining unit positions, according to all the currently available information. The Union remains clear in our commitment to fight for every member's job that can be saved, and we will not tolerate any instances of unfairness in this process.

Q: What state jobs are automatically exempt from hiring controls?

A: Click here to view that list.

Q: Which agencies are affected by the Early Retirement Incentives (buyouts)?

A: The Dept. of Mental Health and the Dept. of Rehabilitation & Correction are offering the one-year-early buyout option, while the Dept. of Mental Retardation & Developmental Disabilities should be as well, pending acceptance by the OBM. At this time, no buyouts are offered for the Dept. of Youth Services or the Dept. of Job & Family Services, but that could change, pending further discussion.

Q: How do buyouts work?

A: Buyouts can be offered to only one particular area of an agency while not to the rest -- for example, to a central office but not to an institution. Buyouts cannot be offered to directors, assistant directors, deputy directors, and any other administration appointees. Before ERI's can be offered, the plan must demonstrate projected cost savings and enable management to meet goals it couldn't achieve otherwise. Buyouts must be available for acceptance for 1 year and cannot exceed either the lesser of 3 years or an amount of service credit equal to one-fifth of the total service credited to a participant (excluding the bought-out service time).

Q: Who is responsible for this budget crisis?

A: No one is seriously claiming that the Strickland administration, with little more than a year in office, could have possibly created the current shortfall. This crisis that they are now stuck having to deal with was inherited from previous administrations' fiscal mismanagement.

Q: Why not tap into the State's billion-dollar "rainy-day fund" to address the budget shortfall?

A: While SEIU 1199 has no position on this matter, the following are some considerations to bear in mind: Monies from the fund would not address the long-term structural issues responsible for the current shortfall. Should such funds be depleted, they wouldn't be replenished without further action by the governor and the legislature. In some respects, this choice carries pitfalls similar to dipping into ones retirement savings in order to pay current bills. It could be argued that the hidden costs and penalties associated with such a withdrawal would outweigh the expenses that it would be intended to address.

Q: What about our travel negotiations now that managers are getting reimbursed at 50 cents per mile?

A: As frustrating as this apparent imbalance appears, especially given rising gas prices as well as the budget crisis, it can't be potentially addressed until next year when the contract will be renegotiated. In the meantime, members, who are being reimbursed at 40 cents per mile, are still advantaged by improvements in first-rate contract language around lodging and meals.

Q: What's the latest on so-called rumors regarding changes in flex-time?

A: SEIU 1199 has talked to labor relations officers and directors in the various agencies we represent, and our interpretation has been satisfied that there are no intentions to take away members' flex schedules. There may be some scattered disagreements over approving individual requests, but that situation is not new compared to the past. If any problems around this issue come up, contact your organizer. Click here for more background on this issue.