Common use of Bid Procedure Clause in Contracts

Bid Procedure. 20.01 When a vacancy occurs that the district intends to fill, it shall be posted in the Central Office and emailed to employees school email address. The notice shall be posted for a period of five (5) work days. 20.02 In selecting an employee for the vacant position, the Board shall use the following guidelines: (a) In the case of a lateral transfer within the same classification or a bid to a lower paying classification, the position will be awarded to the most senior employee requesting the position unless there is a compelling reason for administration not to award the position based on seniority. This rationale may be challenged pursuant to the grievance procedure utilizing an arbitrary and capricious standard of review. Seniority for this subsection only shall be classification seniority. The classification seniority will be based on total time served in the classification of the vacancy. (b) In the case of a promotional bid to the Head Custodian classification, the vacancy shall be awarded to the most senior qualified bidder. (c) In the case of a promotional bid to the Maintenance Classification, the vacancy shall be awarded to most qualified bidder. (d) Any bargaining unit member who is not awarded the position based solely on qualifications shall be given a conference with the Superintendent or designee to inform him/her of the reasons for not receiving the position, with recommendations being given toward improving qualifications. 20.03 When the Board determines to fill a vacancy resulting from a retirement, resignation, termination or creation of a new position, a substitute shall not serve in the position for more than sixty (60) work days. 20.04 If an employee is a retired/rehiree, his/her seniority shall start with their most recent date of entry into the bargaining unit.

Bid Procedure. 20.01 When A. It is understood that the Employer will decide when a vacancy occurs that exists & whether to fill the district intends to fillvacancy. If the Employer does not fill a vacated position, it shall notify the Union and provide an explanation as to why the position was not filled. Postings will be advertised electronically and posted in each building. Employees shall have the Central Office opportunity to bid on such vacancies and emailed promotions by notifying the Superintendent in writing prior to employees school email address. The notice shall be posted for a period midnight of five (5) work days. 20.02 In selecting an employee the last day of the posting, of their desire for the vacant position, . Nothing in this Article shall restrict the Employer’s right not to fill a posted vacancy. Postings will specify that they are potential vacancies subject to Board approval and will be considered by the Board at the next regularly scheduled Board meeting. B. All posted vacancies shall include the initial date of posting, job title, location, hourly rate of the position, hours required, description of the duties, minimum qualifications and shift. Job descriptions for all bargaining unit positions will be located at each work location and shall be provided to the Union. C. The Employer shall use the following guidelinesprocedures in choosing a person to fill a vacancy: (a) In 1. The position will first be offered to applicants who are currently working in the case same classification as the vacancy. Applicants must satisfy the requirements of a lateral transfer the job description and must be physically able to perform the duties of the position as listed in the job description for that position. If more than one employee within the classification applies for the vacancy, the employee with the strongest performance evaluations shall be granted the position. If performance evaluations are the same, the employee with the most system-wide seniority shall be granted the position. If an employee has completed their probationary period, prior seniority in their present classification is regained and may be used toward bidding in that series. 2. If no employee from within the same classification or a bid to a lower paying classificationas the vacancy applies for the position, all other applicants within the bargaining unit, will then be considered. The employee with the strongest performance evaluations shall be granted the position. If performance evaluations are the same, the employee with the most system-wide seniority shall be granted the position. The employee must meet the qualifications for the position, and must be physically able to perform the duties of the position will be awarded to as listed in the job description for that position. 3. To ascertain whether the most senior employee requesting the position unless there applicant is qualified for a compelling reason for administration not to award the position based on seniority. This rationale position, an interview and test may be challenged pursuant to conducted by the grievance procedure utilizing an arbitrary and capricious standard of reviewadministration. Seniority for this subsection only shall be classification seniority. The classification seniority will be based on total time served in the classification of the vacancy. (b) In the case of a promotional bid to the Head Custodian classification, the vacancy shall be awarded to If the most senior is not qualified, the Employer shall interview the next most senior applicant to ascertain whether the employee is qualified bidderfor a position. The Union will have an opportunity to provide suggestions to the administration on the knowledge, skills and abilities necessary to perform the job. If a test is administered, it will be reasonable and job-related. The Employer reserves the right to select personnel for supervisory positions. (c) In the case 4. For purposes of a promotional bid to the Maintenance Classificationbidding, the vacancy “Custodian” shall be awarded to most qualified bidder. (d) Any bargaining unit member who is not awarded one classification, which will include the positions of Custodian, Head Custodian, 2nd Shift Custodian, 3rd Shift Custodian, and Custodial Maintenance Assistant; “Cooks” shall be one classification, which will include the positions of Cook, Head Cook and Cook/Cafeteria Manager; and “Mechanic” shall be one classification, which will include the position based solely on qualifications shall be given a conference with the Superintendent or designee to inform him/her of the reasons Maintenance Mechanic. The remaining classifications for not receiving the positionpurposes of job bidding are: Secretary, with recommendations being given toward improving qualificationsXxxx and Bus Driver. 20.03 When the Board determines to fill a vacancy resulting from a retirement, resignation, termination or creation of a new position, a substitute shall not serve in the position for more than sixty (60) work days. 20.04 If an employee is a retired/rehiree, his/her seniority shall start with their most recent date of entry into the bargaining unit.

Bid Procedure. 20.01 A. When the Employer determines that a vacancy occurs that exists, notice of the district intends to fill, it vacancy or new position shall be posted in the Central Office and emailed to employees school email address. The notice shall be posted for a period of within five (5) work daysworkdays on the LMHA Intranet Portal and email system (Outlook) for five (5) workdays. The posting shall include the classification, job description, the location of the job, the immediate supervisor, the rate of pay, the name of the last person to hold the job, the date of the posting, the date the posting expires, and the statement: “This position is posted and will be filled in accordance with the provisions of the Agreement between Local 2916, AFSCME and LMHA.” The successful bidder for the vacancy or new position shall be awarded the vacancy or new position that he or she bid on. The Union President shall receive a copy of every posting at the time of posting via the email notification. 20.02 In selecting B. An employee may bid on the posted position by submitting an application via the online submission form supplied by the Employer to the Department of Human Resources accessed via the agency website, provided the employee for does not have an active, written reprimand or suspension in accordance with the vacant position, the Board provisions of Section 8.4 contained herein. The position shall use the following guidelines: (a) In the case of a lateral transfer within the same classification or a bid to a lower paying classification, the position will be awarded to the most senior employee requesting who meets the minimum qualifications of the position. All vacancies shall be filled within thirty (30) workdays following the expiration of the bidding period unless extended by mutual agreement. An employee’s disciplinary record can be included as minimum qualifications to bid for a posted position. An employee’s disciplinary record will not prohibit an employee from bidding on a demotion. The records from 12-1-86 and thereafter shall only be used. C. Bid lists containing the name, classification, and seniority date of all bidders shall be compiled and posted and given to the Union President within two (2) workdays of the closing date of posting. D. Unsuccessful bidders may request information regarding non-selection for purposes of future promotability. The employee may file a grievance based on a mistake in facts. E. Bids signed by the employee may be submitted by the Union xxxxxxx when employees are not present at work during the position unless there is a compelling reason for administration not posting period. Upon return to award work, the position based on seniority. This rationale may be challenged pursuant to employee shall verify the grievance procedure utilizing an arbitrary and capricious standard of review. Seniority for this subsection only shall be classification seniority. The classification seniority will be based on total time served in job bid with the classification of the vacancyHuman Resources Department. (b) In F. If the case of a promotional bid to the Head Custodian classification, the vacancy shall be awarded to the most senior qualified bidder. (c) In the case of a promotional bid to the Maintenance Classification, the vacancy shall be awarded to most qualified bidder. (d) Any bargaining unit member who is Employer does not awarded the position based solely on qualifications shall be given a conference with the Superintendent or designee to inform him/her of the reasons for not receiving the position, with recommendations being given toward improving qualifications. 20.03 When the Board determines plan to fill a vacancy resulting from vacancy, the Union shall be notified in writing. G. When an employee successfully bids into a retirement, resignation, termination or creation of a new promotional position, a substitute he or she shall not serve in earn the position for more than sixty (60) work dayshigher rate of pay on the first date the employee assumes the duties of the position. 20.04 If H. When an employee is successfully bids into a retired/rehireedemotion position, his/her seniority he or she shall start with their most recent earn the lower rate of pay on the first date the employees assumes the duties of entry into the position. I. This posting and bidding procedure pertains to all positions in the bargaining unit. J. The successful bidder shall serve a one hundred twenty (120) calendar day probationary period. During an employee’s initial/new hire probationary period, the employee may not be permitted to bid. In addition, the employee shall not be eligible to bid as set forth in this Article while he or she is serving a promotional or transfer probationary period. An employee may return to their former position within the first ten (10) working days during the probationary period. If the employee decides to return to their former position, they will not be allowed to bid on another position for six (6) months from the date returned to the former position. The Employer will give orientation(s) to the bidding employee. The Employer will give instruction(s) to an employee, if the performance of a bidding employee is in question and shall give conference(s) at thirty (30) day intervals, in the presence of the xxxxxxx/Union representative, at the request of the employee. Shortcomings, if any, shall be in writing to the employee and Union. Employees that have been cited as not adapting to the bid position shall be returned to his/her former position. K. The Union as well as all bidders shall be notified of the selected bidder on all positions immediately upon selection. L. All positions outside of the bargaining unit shall be posted to provide an opportunity for all qualified employees at the discretion of the President and CEO. Such posting shall be posted as non-bargaining unit positions and shall be filled at the discretion of the Employer. M. An employee awarded a bid shall not be eligible to bid on another vacancy for twelve

Bid Procedure. 20.01 When A. It is understood that the Employer will decide when a vacancy occurs that exists & whether to fill the district intends to fillvacancy. If the Employer does not fill a vacated position, it shall notify the Union and provide an explanation as to why the position was not filled. Postings will be advertised electronically and posted in each building. Employees shall have the Central Office opportunity to bid on such vacancies and emailed promotions by notifying the Superintendent in writing prior to employees school email address. The notice shall be posted for a period midnight of five (5) work days. 20.02 In selecting an employee the last day of the posting, of their desire for the vacant position, . Nothing in this Article shall restrict the Employer’s right not to fill a posted vacancy. Postings will specify that they are potential vacancies subject to Board approval and will be considered by the Board at the next regularly scheduled Board meeting. B. All posted vacancies shall include the initial date of posting, job title, location, hourly rate of the position, hours required, description of the duties, minimum qualifications and shift. Job descriptions for all bargaining unit positions will be located at each work location and shall be provided to the Union. C. The Employer shall use the following guidelinesprocedures in choosing a person to fill a vacancy: (a) In 1. The position will first be offered to applicants who are currently working in the case same classification as the vacancy. Applicants must satisfy the requirements of a lateral transfer the job description and must be physically able to perform the duties of the position as listed in the job description for that position. If more than one employee within the classification applies for the vacancy, the employee with the strongest performance evaluations shall be granted the position. If performance evaluations are the same, the employee with the most system-wide seniority shall be granted the position. If an employee has completed their probationary period, prior seniority in their present classification is regained and may be used toward bidding in that series. 2. If no employee from within the same classification or a bid to a lower paying classificationas the vacancy applies for the position, all other applicants within the bargaining unit, will then be considered. The employee with the strongest performance evaluations shall be granted the position. If performance evaluations are the same, the employee with the most system-wide seniority shall be granted the position. The employee must meet the qualifications for the position, and must be physically able to perform the duties of the position will be awarded to as listed in the job description for that position. 3. To ascertain whether the most senior employee requesting the position unless there applicant is qualified for a compelling reason for administration not to award the position based on seniority. This rationale position, an interview and test may be challenged pursuant to conducted by the grievance procedure utilizing an arbitrary and capricious standard of reviewadministration. Seniority for this subsection only shall be classification seniority. The classification seniority will be based on total time served in the classification of the vacancy. (b) In the case of a promotional bid to the Head Custodian classification, the vacancy shall be awarded to If the most senior is not qualified, the Employer shall interview the next most senior applicant to ascertain whether the employee is qualified bidderfor a position. The Union will have an opportunity to provide suggestions to the administration on the knowledge, skills and abilities necessary to perform the job. If a test is administered, it will be reasonable and job-related. The Employer reserves the right to select personnel for supervisory positions. (c) In the case 4. For purposes of a promotional bid to the Maintenance Classificationbidding, the vacancy “Custodian” shall be awarded to most qualified bidder. (d) Any bargaining unit member who is not awarded one classification, which will include the positions of Custodian, Head Custodian, 2nd Shift Custodian, 3rd Shift Custodian, and Custodial Maintenance Assistant; “Cooks” shall be one classification, which will include the positions of Xxxx, Head Xxxx and Xxxx/Cafeteria Manager; and “Mechanic” shall be one classification, which will include the position based solely on qualifications shall be given a conference with the Superintendent or designee to inform him/her of the reasons Maintenance Mechanic. The remaining classifications for not receiving the positionpurposes of job bidding are: Secretary, with recommendations being given toward improving qualificationsAide and Bus Driver. 20.03 When the Board determines to fill a vacancy resulting from a retirement, resignation, termination or creation of a new position, a substitute shall not serve in the position for more than sixty (60) work days. 20.04 If an employee is a retired/rehiree, his/her seniority shall start with their most recent date of entry into the bargaining unit.

Bid Procedure. 20.01 12.1 When a vacancy or new position occurs that the district intends to fillin any classification, it a vacancy opening notice shall be posted in the Central Office and emailed to employees school email address. The notice shall be posted all buildings for a period of five (5) work working days, when school is in session. During the summer months when school is not in session, the notification period will be for one (1) week, by placing a notice on the District's website and by email to all employees. 20.02 In selecting an employee for the 12.2 Employees desiring a vacant position, the Board position shall use the following guidelines: (a) In the case of a lateral transfer within the same classification or a bid to a lower paying classification, the position will be awarded to the most senior employee requesting the position unless there is a compelling reason for administration not to award the position based on seniority. This rationale may be challenged pursuant to the grievance procedure utilizing an arbitrary and capricious standard of review. Seniority for this subsection only shall be classification seniority. The classification seniority will be based on total time served in the classification of the vacancy. (b) In the case of a promotional submit their bid to the Head Custodian classificationAdministration (whoever is so designated on the "vacancy notice") within the five (5) working days posting period. The "vacancy notice" shall contain a job title, description of duties, salary range, shift work, location(s) and the deadline (hour and day) for submitting a bid. In filling vacancies of existing positions, the following shall apply: A. The Board shall determine when and if a vacancy or new position exists, regardless of any employment movement into and out of bargaining unit positions. B. The Board shall determine the necessary qualifications for each vacancy or new position. C. Provided that any contractual obligation to offer the vacancy to any OAPSE 046 unit members has been met; the vacant position shall be awarded to the most senior qualified bidder. (c) In employee having the case of greatest classification seniority from among those employees who submit a promotional bid to from within the Maintenance Classification, classification where the vacancy occurs with the exception of an Attendant/Aide working with an individual student. A position with a special needs student shall be awarded to most qualified bidderas determined by the Board after considering the compatibility between the student and the Aide bidding on the position. (d) Any D. Classification seniority shall be defined as the continuous length of employment of a bargaining unit member who is not awarded in a particular classification as computed from the position based solely on qualifications shall be given a conference with the Superintendent or designee to inform him/her of the reasons for not receiving the position, with recommendations being given toward improving qualifications. 20.03 When the Board determines to fill a vacancy resulting from a retirement, resignation, termination or creation of a new position, a substitute shall not serve in the position for more than sixty (60) work days. 20.04 If an employee is a retired/rehiree, his/her seniority shall start with their most recent date of entry into such job classification. System seniority shall be defined as the bargaining unitcontinuous length of employment computed from the employee's earliest date of hire. E. If the position is not filled with an employee in the same classification, employees in other classifications will be considered. "Considered" does NOT mean that any employee from another classification will be entitled to the position simply because he/she bids on the position and is qualified for the position: Nor does "considered" mean that an employee from another classification enjoys any preference over any other applicant.