PORTSMOUTH – What the union president is calling a "nightmare" situation at the National Visa Center, its federal contractor is telling employees they can volunteer to use their vacation or sick time and then apply for unemployment, or furloughs will begin with the least senior workers to meet social distancing guidelines during shifts.

The concerns of United Electrical, Radio and Machine Workers Local 228 also include an alleged inadequate supply of sanitation products at the 32 Rochester Ave. building at Pease International Tradeport, and an alleged lack of consideration for employee well-being during the growing COVID-19 pandemic.

Virginia-based LDRM, which last September was awarded a five-year, $388.9 million contract from the U.S. State Department to assist in managing the NVC and Kentucky Consular Center, said in a letter to employees this week that such changes are not intended to be permanent, and "the health of you and your families are our #1 priority."

UE Local 228 President Lori Lavigne said her union has been trying to communicate with LDRM since the onset of the coronavirus crisis, as the NVC has a large workforce in two buildings.

Though the U.S. has essentially closed its borders during the pandemic – equating to no new immigration petitions at this time – NVC employees are expected to continue their work in addressing the nation’s backlog. The State Department this week announced it is suspending routine visa services in most countries worldwide, yet the NVC remains open.

UE Local 228 represents approximately 550 employees at the NVC. Lavigne said the ongoing situation has had some people "in tears."

Several employees of the NVC contacted Seacoast Media Group expressing concerns over the current work environment and LDRM’s alleged handling of the situation, but asked to not be named due to fear of retribution at work.

Reached for comment Friday, Zachary Knipe, international representative for UE 288, said, "The union recognizes that everyone’s priority right now has to be public health and safety and all of us doing our part, and we recognize that unfortunately that means there will be hardships for our members. Our fundamental expectation, though, is as we have to choose from a menu of bad options, that the company will meet and confer with us in good faith and meet with our members to minimize those impacts."

Knipe said as of Friday, and following a list of demands sent by the union, LDRM has not responded to any requests for information or discussion of financial impacts on employees – "a complete blackout," Knipe said.

Multiple requests for comment from LDRM and its individual staffers by Seacoast Media Group went unanswered Friday.

Late Friday evening, a State Department official responded to a request with, "The health and safety of all of our staff is our utmost concern. The Department of State is working closely with our contractor management team at the National Visa Center and the Kentucky Consular Center to ensure that we are in compliance with CDC, local and Department of State guidelines."

The official deferred to LDRM for more specific questions.

Lavigne said she began sending emails to LDRM when the coronavirus began to reach the U.S., asking them to "take the situation seriously."

"There were people that were concerned, scared," she said. "They didn’t have answers. I must have emailed them 10 times, no response. We finally did get an email back that said, ’We are monitoring the situation,’ and it was like, ’OK, so are we, but what are you doing at the NVC to protect your employees?'"

Lavigne described the work environment at the NVC as "right on top of each other," with employees stationed at cubicles in close quarters. She alleges an absence of cleaning and sanitation supplies – like hand sanitizer or disinfectant wipe – on site.

This week, in a notice to employees, an LDRM staffer notified of an ordered reduction of first shift by one-third. First shift works 6:30 a.m. to 3 p.m., while second shift works 4 p.m. to 12:45 a.m.

"We will be asking volunteers to take the first shift on Friday off as paid (if accrued) or unpaid leave so that we can ensure that our staffing on the floor does not exceed 33 for the NVC," wrote William Yates, VSS program manager. "Those employees who take unpaid leave will have the option to flex their schedule and work on Saturday, March 20 to make up the hours. If we do not receive an adequate number of volunteers, we will be required to furlough a number of employees to ensure that we do not exceed the maximum floor staff."

He continued, "Should furloughs become necessary, we would identify those employees having the least seniority as the first to be furloughed and continue that process until we had reduced the total working population to the maximum level permitted. Please note that any person who takes unpaid leave or who is furloughed will have the option to work a shift on Saturday to recoup those hours."

Lavigne quantified this order as, "Approximately 150 first shift employees would be either moved to second shift, asked to take leave, or made to take leave."

"We said, ’OK, we understand you have to do something here, but why aren’t you paying these people that you’re sending out?'" she said.

Lavigne said she was informed by management that the State Department will not reimburse them for employees to be paid during the furlough, like it typically does when the NVC closes during snowstorms, for example.

Yates wrote management was informed this week by the State Department that "we must quickly comply with the CDC recommendations for staffing density/social distancing."

"We regret the inconvenience that this will cause, but adherence to the decision to decrease staffing density is not optional," he said. "It is intended solely to protect all employees by reducing exposure risks."

Lavigne noted the specific predicament of a husband and wife who work at the NVC – one on first shift and the other on second – with three children at home. They are being told "use your sick and vacation time, and then apply for unemployment," she said.

Bill Ladd, UE Local 28 chief steward of the first shift, said he is preventative quarantining at home because his elementary-aged son has cystic fibrosis, among other medical diagnosis – meaning he can’t afford to catch something at work and bring it home.

Ladd said the last of his sick days will be used for the time off, and then he’ll have to file for unemployment under the emergency guidelines declared by Gov. Chris Sununu.

On Thursday, UE Local 228 sent a list of demands to LDRM, seeking to negotiate changes to working conditions and staffing decisions. One ask is paid leave and continuation of benefits for all employees who are infected by the virus, under quarantine (including self-imposed quarantine following likely exposure to the virus), practicing preventative isolation (for elderly or vulnerable employees and those living with others who are elderly or vulnerable), and providing care for children due to school and daycare closures.

"These companies make hundreds of millions of dollars on these contracts," Knipe said. "We want them to step up and share some of those profits with our members during this difficult time."

Knipe said if the furloughs have to take place, the union is requesting a rotation of employees, so no single group of people has to bear the brunt. The demand is employees to be furloughed for no more than 10 business days at a time.

Though Knipe feels they are especially "far" from this demand, the union is asking for the option of telework.

"We have lots of members who absolutely if you gave them a laptop and connected it to WiFi, they could do their jobs from home," Knipe said.

He added, "We just want a place at the table."

Knipe this week contacted New Hampshire’s congressional delegation, to whom he wrote, "Despite very strong wage increases in their union contracts, virtually all of our members at the NVC are still living paycheck-to-paycheck."

Knipe noted union members and the NVC are not covered by the Families First Relief Bill or the pending Senate bill as last reported, because LDRM has more than 500 employees and falls outside of the Small Business Administration’s definition of a "small business." Knipe asked the delegation to sponsor legislation that would provide UE Local 288 members with paid leave.

Reached for comment Friday, Sarah Weinstein, spokesperson for Sen. Jeanne Shaheen. D-N.H., said, "Sen. Shaheen’s office is urging the State Department to immediately issue guidance to its contracting companies and their employees working at the National Visa Center and National Passport Center in response to the coronavirus health crisis. We are facing a national public health emergency – families should not have to choose between their jobs in public service and protecting themselves and their families."

The office of Rep. Chris Pappas, D-N.H., is also involved.

"Congressman Pappas’s office has been in contact with the National Visa Center in Portsmouth and State Department officials regarding these concerns, and we strongly urge the State Department to provide the necessary health guidelines and information to employees and contractors that will keep them safe as we face the unprecedented health crisis of cororonavirus," said Pappas’ spokesperson Collin Gately.

Sununu’s spokesman Ben Vihstadt said their office has been in touch with several NVC workers. He noted employees who have seen their hours reduced can still apply for unemployment benefits through the state under Sununu’s executive order.

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