HR 432
Separation from Employment: Union Employees
Separation
from Employment: Union Employees
Employment
between TriMet and a union employee is governed by a combination of state and
federal statutes, TriMet policy and the TriMet/ATU Working & Wage Agreement, which sets forth agreed upon
disciplinary processes and negotiated terms of employment and termination of
employment. Human Resources administers TriMet policies and procedures for
employment and termination of employment.
Separation
from employment may be:
•
voluntary: the employee's decision (e.g.,
resignation, retirement, job abandonment, or not returning from a leave of
absence)
•
involuntary: the result of work force reduction
or a termination based on poor work performance, misconduct, or other reasons
This
section includes two sets of procedures.
•
voluntary
separation (resignation or retirement)
•
involuntary
(termination) or no fault of employee
VOLUNTARY
RESIGNATION OR RETIREMENT
When
separation from employment occurs through resignation or retirement, Managers
are to complete the Manager’s Checklist for
Voluntary Separation
that follows this section and to inform employees of their responsibilities as
listed below.
Wrap-Up Procedure - Employee
The
employee will complete closing procedures. He/she will wrap up work
responsibilities, including computer files, return TriMet property and follow
Payroll instructions to conclude accounts and receive final pay. Within 60 days
of leaving, the departing employee must decide whether to extend medical
coverage and convert insurance plans.
Exit Interview
All
departing employees may request an exit interview with their HR Business
Partner to discuss the decision to end employment, or TriMet management staff
may request an exit interview with the employee.
HR
Business Partners:
•
Angela
Burns-Brown: Public Affairs, Legal, Office of the General Manager, Information
Technology (503) 962-2252
•
Barry
Chapman: Operations, Safety & Security (503) 962-6448
•
Stacy
Chrest: Capital Projects, Finance (503) 962-2216
Final Pay
The final
paycheck includes:
•
all
wages payable
•
pay
for remaining floating holidays, birthday, and accrued vacation
•
50%
of accrued and available sick leave, provided the employee has met the 10-year
vesting requirement of the pension plan and is less than 55 years of age
•
If
an employee has used more leave time than is accrued by the termination date,
or there is any overpayment, these will be deducted from the final check
Manager's Checklist
Voluntary Separation
Voluntary
separation from employment occurs through resignation or retirement. Under
these circumstances, the manager is expected to complete the following
termination tasks to ensure a smooth employee departure and transition of work.
Before
engaging in any termination process, thoroughly review the Separation from
Employment section in the Human Resources Manual (section 430 for non-union employees and section 432 for
union employees).
Internal notification
___
Notify Department Director.
___
Completion of a Personnel Order is required
to notify 1) Human Resources, 2) Payroll, 3) Benefits of pending and confirmed
resignations. Personnel Order forms are available via Tri-NET. Notify 1) Human
Resources, 2) Payroll, 3) Benefits three days in advance of the employee's last
day to have the employee's final check prepared. You will need to submit a
final time sheet or record to Payroll at this time. Final check requests should
be made as follows: For last names beginning with
|
A - K
|
call 503-962-6439
|
|
L - Z
|
call 503-962-4821
|
Oregon law states that if an employee gives at least 48
hours notice, they must receive their final check on the last day of
employment.
The
Benefits Department sends information about the employee's right to extend
their medical, dental and vision benefits and life insurance conversion.
___
If the departing employee is a contract manager for a TriMet contract, notify
the Procurement and Contracts Department at 503-962-3055 or 503-962-4953.
___
If the employee has a purchasing card (P-card) or travels for the agency,
notify the Accounting Department at 503-962-6419 in advance to ensure that
accounts are identified and reconciled. Collect the P-card from the departing
and send it to the manager of purchasing at mailstop PC.
___
Fill out an ISSR to notify Helpdesk of pending and confirmed resignations. ISSR
forms are available via TriNet.
___
The signed ISSR is the official notification to the IT Helpdesk. On the day of
employee's departure, the Helpdesk will disable the employee's network accounts
and assist the Supervisor in the disposition of the employee's data, emails,
phone mail, and electronic devices. Employee data will be removed from the
network 2 weeks after their termination date.
___
On the employee's last day, collect the employee's security ID badge and remind
employee to return employee's dependent badges. Call the badge administrator at
503-962-5803 to have the badges deactivated and return the badges to the
administrator at mailstop TPD.
___
If you have working files on the employee (also called tub file or traveling
file), send it to Human Resources at mailstop HR2 to be incorporated with the
official personnel file.
Manager/employee
wrap up
___
Ask the employee to submit to you a letter of resignation.
___
Inform the employee of TriMet's expectations as outlined in the Separation from
Employment sections in the HR Manual (HR-430 for Non-Union Employees and HR-432
for Union Employees) under "Wrap-Up Procedures - Employee."
___
Give the employee a copy of Questions and
Answers for Employees Leaving TriMet Employment (HR-430 for Non-Union
Employees and HR-432 for Union Employees).
___
Discuss priorities for concluding work responsibilities.
___
Ask the employee to submit a written summary of projects, tasks and information
to be transferred to others to ensure a smooth transition.
___
Ask the employee to give you a list of specialized software that was purchased
by TriMet and is installed on their computer.
___
Manager completes ISSR to transfer messages to supervisor.
___
Work with the employee to identify electronic files (email, Outlook meetings,
spreadsheets, Word documents, databases, etc.) that need to be kept and transferred
to other employees.
___
Arrange to transfer or cancel the employee's TriMet sponsored memberships in
professional organizations.
___
Work with the employee to develop and leave departure information on their
voicemail and email.
___
On the employee's last day, be sure to collect any TriMet equipment/property
issued or used by the employee. Return electronic equipment to the Helpdesk.
All TriMet property must be returned at the time the employee's employment with
TriMet is terminated. The employee will be financially responsible for any
TriMet property not returned.
___ Communicate the employee's departure to other staff.
INVOLUNTARY
SEPARATION (TERMINATION) PROCEDURES
The
TriMet/ATU Working & Wage Agreement
(The Agreement)
states the provisions for disciplining and terminating union employees. If
unsatisfactory work performance, misconduct or other causes prompt the decision
to terminate employment of a union employee, managers will insure that
consultation with the following individuals has been made before taking any
employment action:
•
Department
Director and Executive Director. Involuntary
terminations require the approval of the Executive Director.
•
HR Business Partner
•
Angela
Burns-Brown: Public Affairs, Legal, Office of the General Manager, Information
Technology (503) 962-2252
•
Barry
Chapman: Operations, Safety & Security (503) 962-6448
•
Stacy
Chrest: Capital Projects, Finance (503) 962-2216
•
Legal
Department attorney assigned to the Operations Division
•
Labor
Relations Director
The
Manager's Checklist Involuntary Termination follows.
Manager's Checklist
Involuntary Termination
Termination
is considered involuntary when the separation from employment occurs because of
workforce reduction or a termination based on poor work performance, misconduct
or other reasons. Before engaging in any termination process, thoroughly review
the Separation from Employment section in the Human Resources Manual (section 430 for non-union employees and section 432 for
union employees).
Termination
for union employees is governed by the currently effective Working and Wage
Agreement. Before taking any
employment action, managers will consult with the Executive Director,
Department Director and insure that the HR Business Partner, attorney assigned
to the Operations Division, and the Labor Relations Director have reviewed the
contemplated action prior to acting on a decision to terminate an employee. An involuntary termination requires the
approval of the Executive Director.
When
terminating an employee, document each step in writing throughout the entire
process. Include an outline of any discussions you have with the employee
during the process and any paperwork you fill out. Written documentation will
help you and TriMet if you are called to testify in regard to an unemployment
insurance claim or arbitration.
Before the
termination meeting
___
Review the Working and Wage Agreement.
___
Notify HR/Payroll/Benefits and Legal of pending action. If the employee
separates the day of the meeting, the final check will need to be prepared in
advance. If there is a failure to notify HR/Payroll in advance and obtain the
Executive Director's approval, the final check will not be ready and the
departing employee will continue to be paid pending completion of the required
processing activities.
___
Schedule the termination at an appropriate time of day (mid-morning to
mid-afternoon) and in a private meeting space.
___
Arrange for the employee to have their union representative in attendance. Do
not meet with the employee alone.
___
Prepare appropriate documentation (i.e., termination letter and separation
information) and rehearse what you plan to say to the employee. A written
outline or checklist can help you cover all of your important points.
___
Consider if the employee could become volatile during the meeting. If it is a
possibility, arrange to have TriMet security personnel on-site at the time of
the meeting. Contact TriMet Security at 503-962-5803, a day in advance.
___
Be prepared to accompany the employee back to their desk or locker so he/she
can collect personal items. Items that cannot be carried out should be boxed
and sent to the employee's home.
___
If the employee has sensitive TriMet information on their computer and you are
concerned about what the employee may do with the information following
termination, notify Information Technology at 503-962-5818 before the
termination meeting. IT can disable the employee's network user account.
During the
meeting
___
Get to the point. Treat the employee respectfully during the meeting. Avoid
making excuses or minimizing the basis of the decision. Avoid arguing with the
employee or agreeing with any employee statements regarding the decision.
___
Do not promise a terminating employee that he/she will be eligible for
unemployment benefits. The State of Oregon makes that determination.
___
Give the employee a copy of Questions and
Answers for Employees Leaving TriMet Employment found in the Human
Resources Manual Section 430.
___
Be prepared to answer basic benefits questions. Human Resources can provide you
with the basic information you need to cover.
___
Make sure the employee has a way home. If not, provide bus tickets or arrange
and pay for a taxi.
___
If appropriate, walk the employee out of the building.
Before the
employee leaves TriMet
If
you expect an employee to leave TriMet immediately following a termination
meeting, these steps may need to be taken prior to or immediately following the
termination meeting.
___
Completion of a Personnel Order is required to notify 1) Human Resources, 2)
Payroll, 3) Benefits of pending separations. Personnel Order forms are
available via TriNET.
___
Notify 1) Human Resources, 2) Payroll, 3) Benefits three days in advance of the
employee's last day to have the employee's final check prepared. Final check
requests should be made as follows. For last names beginning with:
|
A - K
|
call 503-962-6439
|
|
L - Z
|
call 503-962-4821
|
The Benefits Department sends the
employee information about the employee's right to extend their medical, dental
and vision benefits and life insurance conversion.
___
If the departing employee is a contract manager for a TriMet contract, notify
the Procurement and Contracts Department at 503-962-3055 or 503-962-4953.
___
If the employee has a purchasing card (P-card) or travels for the agency,
notify the Accounting Department in advance to ensure that accounts are
identified and reconciled. Collect the P-card and send it to the manager of
purchasing at mailstop PC.
___
Collect the employee's security ID badge and remind the employee to return
employee's dependent badges. Call the badge administrator at 503-962-5803 to
have the badges deactivated and return the badges to the administrator at
mailstop TPD.
___
On the employee's last day, be sure to collect any TriMet equipment/property
issued or used by the employee. Return electronic equipment to the Helpdesk.
All TriMet property must be returned at the time the employee's employment with
TriMet is terminated. The employee will be financially responsible for any
TriMet property not returned.
___
Fill out an ISSR to notify the Helpdesk of pending dismissal. ISSR forms are
available via TriNet. The signed ISSR is the official notification to the IT
Helpdesk. On the day of employee's departure, the Helpdesk will disable the
employee's network accounts and assist the Supervisor in the disposition of the
employee's data, emails, phone mail, and electronic devices. Employee data will
be removed from the network 2 weeks after their termination date.
If
appropriate for the situation
___
Discuss priorities for concluding work responsibilities.
___
Ask the employee to submit a written summary of projects, tasks and information
to be transferred to others to ensure a smooth transition.
___
Ask the employee to give you a list of specialized software that was purchased
by TriMet and is installed on their computer.
___
Manager completes ISSR to transfer messages to supervisor.
___
Work with the employee to identify electronic files (emails, Outlook meetings,
spreadsheets, Word documents, databases, etc.) that need to be kept and
transferred to other employees.
___
Transfer or cancel the employee's TriMet-sponsored memberships in professional
organizations.
___
Supervisor needs to change/ modify employees Voice mail. Contact helpdesk if
you need assistance.
UNEMPLOYMENT
INSURANCE
Employees separating from TriMet frequently ask these
questions about unemployment insurance:
What is unemployment insurance?
Unemployed individuals may qualify for financial support
from the insurance program administered by the State of Oregon Employment
Division. The program is meant to protect eligible persons during periods of
unemployment.
Will I receive unemployment
insurance?
The Employment Division investigates and decides which
claims will be paid; it gathers information from the employee and the former
employer and determines eligibility based upon reasons and circumstances
connected with the termination.
TriMet's policy is to be honest about the reasons and
circumstances connected with a termination and to participate as fully as is
needed by the state.
Who pays unemployment insurance?
Employees do not contribute to unemployment funds. They are
funded entirely by the employer.
Claims
When
a current or past employee files for unemployment insurance, the agency is
required to provide information to a state representative investigating the
claim. This is one of the few instances in which TriMet will inform an outside
party of an employee's reason for leaving the agency.
When
supervisors receive claim forms from state offices they are not to complete
them and are required to send them immediately to Human Resources, mailstop:
HR2.
Questions and Answers for Employees
Leaving TriMet Employment
What must I do to receive my final
check on the last day of employment?
•
Your
manager will notify Payroll as soon as your termination date is known. Payroll
must be notified of the termination at least 48 hours (two full business days)
in advance and receive a completed timesheet the day before the last day of
employment, so the check can be prepared.
What will my final paycheck include?
•
The
final paycheck includes:
•
all
wages payable
•
pay
for remaining floating holidays, birthday, and accrued vacation
•
If
an employee has used more leave time than is accrued by the termination date,
or there is any overpayment, these will be deducted from the final check
With your final check, you will receive a letter explaining
your deferred compensation plan options. If you wish to continue insurance or
medical coverage at your expense, read the information from the Benefits
Administrator.
Does the final check withhold or
deduct for life insurance, the deferred compensation plan, personal choice
account, or charitable contributions?
•
All
withholding or deductions from the paycheck, except taxes, FICA, garnishments
and levies, cease on the last day of employment. Any funds remaining in the
personal choice account (Dependent Care Program) are not refundable.
May I continue my medical, dental,
vision coverage?
•
By
the federal law known as COBRA, an
employee may pay to continue medical, dental, and vision coverage. The COBRA
Administrator will send you information.
How do I continue my life insurance
coverage?
•
Group
life insurance does not continue when employment ends. Voluntary (supplemental)
life insurance is considered portable.
If you wish to continue voluntary life insurance coverage, you can arrange with
Standard Insurance Company to pay the premiums directly instead of through
payroll deduction.
How do I receive funds from my
deferred compensation plan?
•
Call
your deferred compensation carrier to discuss options. You can leave the money
where it is, roll it over to an IRA, or develop a distribution payout plan that
meets your individual needs. You will want to consider payment amounts and
dates of distribution (funds are taxed in the year received).
May I elect to rollover or transfer
deferred compensation funds into an IRA or other retirement plan?
•
Yes.
Ask your deferred compensation representative for details.
If I am vested but not old enough to
retire, what are my options for receiving my pension?
•
Summary of the ATU/TriMet Pension
Plan for Union Employees
(blue book) summarizes the plan and gives questions and answers. Factors in
some tables change yearly.
To activate your pension benefit, notify Finance at 503-962-4820
within 60 days preceding the birthday on which you become eligible for
retirement (The Agreement lists
varying ages).
At that time, you will choose between two types of annuity:
•
single
life annuity: The annuity is paid only during the retiree's life time -or-
•
joint
annuity: An actuarially reduced payment, based on the age of the spouse, allows
the pension to continue for the surviving spouse. The surviving spouse's
benefit is 2/3rds of the benefit at time of employee's death.
For pension estimates, call the Finance Department at
503-962-4820.
If I return to TriMet, will my
benefits be "bridged"; that is, will previous years of service count
toward total years of service?
Health coverage and other insurance benefits are not
bridged. They begin over if you return to TriMet. Bridging applies only to the
pension plan, provided certain conditions are met. See next question.
What are the conditions for bridging
years of service for the pension plan?
In accordance with the WWA service will be bridged provided all three of the following conditions
are met:
•
The
break in service is less than three (3) years.
•
The
duration of the break is less than the employee's total length of service
before the break.
•
The
employee did not receive a lump sum distribution of their pension benefits for
service before the break.
What are the criteria for being
rehired?
The hiring manager will review your personnel file to see
whether you are eligible to be rehired. He or she will consider your
performance evaluations, the final Personnel Order, which includes the portion: Eligible for rehire? "yes' or "no", and any other pertinent information.
Criteria for rehiring bus operators are specific (see the Hiring: Rehired Employees section).
All candidates go through the regular application process.
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