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Privatization

In the event the State seriously considers privatization of a facility or function which would result in the layoff or displacement of bargaining unit employees, the State agrees to give the union reasonable advance notice, but not less than 120 days prior to awarding a privatization contract to perform the work.  Accompanying the notice will be a detailed accounting of all costs under the privatization and a comprehensive cost analysis.

The parties shall mutually select an independent outside auditor to determine whether substantial cost savings will occur if the privatization occurs. 

Where the independent auditor determines there is no substantial cost savings, the state will undertake its best efforts to ensure there shall be no layoff or adverse economic impact on state employees.

Where there is substantial cost savings, and the State chooses to privatize, the State agrees to use the displaced worker pool in order to lessen the impact of such layoff.

If there is a pending or proposed general layoff, the State shall review existing private contracts for work similar to that of the employees considered for layoff or dislocation.  Unless a cost analysis shows substantial cost savings for those existing private contracts, the State will use its best efforts to bring the work performed under private contract(s) back in house and the State shall use the displaced worker pool to keep workers employed while the State determines whether to bring such work back in house.

Effective July 1, 2003, when privatization is undertaken as a substantial cost savings, the State Auditor or a mutually selected independent outside auditor will conduct periodic post audit cost analysis to determine whether or not there continues to be substantial cost savings.  Where there is not substantial cost savings, the State shall make its best efforts to bring the work back in house.

 

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and Transportation Unions

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