[IOTF] Question on PTI implementation approach

[avri doria]

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 at verisign.com
> <mailto:cgomes at 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 at icann.org <mailto:iotf-bounces at icann.org>
>     [mailto:iotf-bounces at icann.org <mailto:iotf-bounces at 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
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