AVAYA Job Claiming (bumping) 

While ACTOP is generally misunderstood, job claiming (bumping) is without exception very vague to the novice. Again the fundamental principle is inverse order of senior­ity. 

Once the voluntary period is complete, all at risk employ­ees with 5 or more years of service are canvassed for ex­ercising their job claiming rights. Three things can happen: the person says yes, does not respond and it is assumed as a positive response, or the employee can refuse - say no. And NO means NO. If you refuse, you cannot change your mind later! 

The actual job claiming begins on day 45 of the surplus and, unlike the vacation selection, all individuals make their se­lections/preferences at the same time. 

The list the employee selects from is generated by the Oc­cupational Career Placement Center (OCPC) based on the least senior employees in the Force Adjustment Region (FAR) within the title and BU/Division declaring the sur­plus. We are located in FAR1, which spans from Maine to Virginia. 

There is no guarantee that any job appearing on the list may be in NJ. Depending on the FAR Universe the jobs could be anywhere. This is the reason the employee gets to select preferences by GCA. Logic dictates that the more limited you become, the fewer opportunities there will be. 

If relocation is not a serious consideration, job claiming may not be the answer. 

The process is completed by taking the at risk employees in seniority order and matching them based on their selec­tion/preferences of the vulnerable employees in the FAR. If matched to a preference the employee must make a deci­sion whether or not to accept that position. If they elect to accept, that now becomes their job and the employee who is displaced, vulnerable, now becomes at risk. 

The new at risk employee has 48 hours to make a decision if they want to select SLP or ECO. They now have priority placement in ATP and will receive this status for 60 days. However, they will be laid off on the original day 60 of the surplus. 

The process is a one step, tag you’re it, system. There is no additional bumping if you have your job claimed. (No cascade bumping!) Also, job claiming takes place within the title/BU of the declared surplus. 

An individual who actually accepts a position through job claiming may at any time prior to day 60 change their mind. If this happens this decision does not alter any­thing else in the process. All that takes place is the vul­nerable employee is now saved. 

Relocation, article 16, does apply if a household move is required because of job claiming. 

Appraisals, attendance rating, and ATS resumes are not a factor in job claiming. The receiving management has nothing to say except welcome their new employee. 

While not trying to overstate the issue, and keeping in mind the fundamental principle, it would be remiss not to at least point out the potential for less senior employees being retained through the process. Some of the fac­tors have been outlined above such as being included in the job claiming matrix if you have no intention of exer­cising it, claiming a job and then changing your mind, and lastly SKILLS. 

The potential for skills being included does indeed play a factor. However, it is closely monitored and grieved if we feel someone has been wronged and the problem has not been experienced to a great degree. Examples of skills that can play a factor in job claiming may include a commercial driver’s license, skilled typing, and secu­rity clearances. 

Once job claiming is complete and day 60 comes all re­maining at risk employees are laid off and management rebalances the workforce. That is, the remaining em­ployees are now placed in the viable positions being re­tained by management. 

Finally, employees who are laid off are entitled to recall rights and rehire rights under the Contract for 3 years. However, nothing is automatic and forms must be filled out to request these rights. The forms are included in the separation package any laid off employee receives prior to their off roll date. 

You have also received packages that put into practice the explanations contained in this publication. Please put it to good use. 

I leave you with one final suggestion... 

If in doubt, check it out!!! 

Good luck and keep the faith!