Hi, While the solution provided seems reasonable it seems unfair to the employees. They should be able to be offered and accept legal incentives by any party trying to hire them. I think the main thing is the absence of non compete or confidentiality restraints. avri On 29-May-16 19:48, Greg Shatan wrote:
I think it does mean that ICANN will allow its seconded employees to leave the employ of ICANN and go to PTI or to a successor (if that's the way the separation is occurring). I can't see any other interpretation. As Chuck points out, it also seems to assure these ICANN employees that, if they do not want to join PTI/successor or are not offered a job there, that they will have the option of continuing as ICANN employees.
The secondment scenario does create some concern that ICANN could encourage these employees to stay with ICANN in the event of a separation (or to put it another way, discourage these employees from moving from secondee to employee within the IANA provider (PTI or successor)). This could have negative security and stability impacts. We may want an assurance from ICANN that it will not solicit or otherwise encourage the seconded employees to remain ICANN employees rather than continue to be part of the IANA provider. I could see some awkward moments otherwise.
Greg
On Sat, May 28, 2016 at 10:44 AM, Gomes, Chuck <cgomes@verisign.com <mailto:cgomes@verisign.com>> wrote:
Good questions Alissa.
It seems to me that with or without the sentence you quote, the affected employees would have the three options assuming that the applicable organizations gave them the employment option. Like you say, ICANN may not have any control over what the successor might do, but it is at least committing to offer employment to the seconded employees if they want it so this clause may be of some assurance to those employees.
Chuck
-----Original Message----- From: iotf-bounces@icann.org <mailto:iotf-bounces@icann.org> [mailto:iotf-bounces@icann.org <mailto:iotf-bounces@icann.org>] On Behalf Of Alissa Cooper Sent: Saturday, May 28, 2016 2:12 AM To: Alissa Cooper via Iotf Subject: [IOTF] Question on PTI implementation approach
Hi all,
Apologies that I have not been able to make the last few calls.
I was reviewing the PTI implementation approach document and I noticed that Section 2.3 says:
"In the event of separation, ICANN commits to an effectuating an orderly transition, including providing the seconded employees the option of employment with the affiliate, the successor, or ICANN. This commitment will be reflected in the naming function contract between ICANN and PTI.”
What does it mean for ICANN to provide the option of employment with the successor? I assume by "successor" what is meant is the new operator to replace PTI, for one or more IANA functions. In that case, ICANN wouldn't likely have the option of offering employment by the successor -- the successor would be a separate organization altogether, which is the point of separation. Does this mean ICANN won't prevent PTI employees from being employed by the successor (e.g., it won’t impose some sort of non-compete agreement)? If that is not what it means, what does it mean?
Also, given that the second sentence says that this commitment will be reflected specifically in the naming function contract, does that mean it will not also apply to the seconded employees performing the other two functions (to the extent that employees are assigned wholly to either or both of the other two functions)?
I read through the transcript for call #10 but did not see these questions raised on the call.
Thanks, Alissa _______________________________________________ IOTF mailing list IOTF@icann.org <mailto:IOTF@icann.org> https://mm.icann.org/mailman/listinfo/iotf _______________________________________________ IOTF mailing list IOTF@icann.org <mailto:IOTF@icann.org> https://mm.icann.org/mailman/listinfo/iotf
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