Yankee - Above The Law - FINAL

What’s more, new public employees are at a significant
disadvantage in Connecticut. No matter how hard-working,
talented, or competent a new public employee is, he or she will
lose out to more senior workers. 107 Connecticut allows “last-in,
first-out,” in which layoffs are executed — not on the basis of
productivity or retaining the best workers — but primarily on
the length of a public employee’s service. Therefore, in a system
designed to serve long-time government workers rather than
the best interests of the state and recent employees, a newer
employee will be let go and a more senior employee will get to
keep his job, even if he or she is not as productive. 108
One collective bargaining agreement gives a caveat where an
employee with an “unsatisfactory” performance ranking will lose
one year of seniority. However, even under that framework, an
unsatisfactory employee with seven years of service will squeeze
out satisfactory employees with only five years. 109 Even in the
event of a tie in seniority, there is still no weight given to merit.
The layoff in that case depends on names being drawn out of a
hat. 110
Another contract does give a little more weight to employee
competence and affirmative action but still with strict
restrictions: “If layoffs according to seniority have an adverse
impact on affirmative action goals or if the most senior employees
do not have the requisite skills and ability to perform the work
remaining, then the State and the Union shall meet to discuss
the issue. If no agreement is reached within the time limits of
Section Four (a), the State shall lay off employees in the manner
it deems appropriate, and the Union has the right to submit the
issue to expedited arbitration.“ 111
Several state-level union contracts forego questions of
competence and merit altogether, guaranteeing “superseniority”
for union officers. One provides that “For the purpose of layoff
selection, up to two hundred and fifty (250) Union stewards shall
have the highest seniority in their classification series.” 112
107 The recent SEBAC agreement provided that permanent employees
hired prior to July 1, 2017 would not lose their employment between
July 1, 2017 and June 30, 2021.
108 State Police, Article 13
109 State Police, Article 13 Section 1(c);
110 State Police, Article 13 Section 1(d);
111 Maintenance and Service Unit, Article 13 Section 9
112 American Federation of State County and Municipal Employees,
Article 8 Section 3