Filling of Vacancies Section 1. The Agency desires to fill bargaining unit vacancies with the best suited applicants available. Within that context, the Agency intends to insure that protected classes are given an opportunity to compete for all openings within the bargaining unit. The Agency will determine the manner and method of selection and determine the individual to fill a vacancy.
Section 2. The Agency will post for a minimum of five (5) consecutive days the job vacancy that occurs in the bargaining unit which the Agency intends to fill, setting forth the job title, duties, qualifications and salary range. All bargaining unit employees qualified by training and experience will have the right to apply for the position.
Section 3. If the position is offered for promotion or transfer, and two (2) or more employees possess equal qualifications and are the highest qualified candidates for the position, the Agency will give preference to an employee's length of service with the Agency. A candidate not selected may request the hiring supervisor to provide feedback regarding what the candidate could do to improve his/her potential for selection for future vacancies.
Section 4. When the Agency chooses to fill a vacancy by lateral transfer, it shall not unilaterally transfer an employee on an arbitrary basis. If the Agency considers voluntary transfer requests, the employee who is determined by the Agency to be the best qualified to meet the knowledge, skills and abilities for the vacant position will be appointed. If two (2) or more employees wishing to laterally transfer have demonstrated equal knowledge, skills and abilities for the position, the most senior will be appointed.
Section 5. A person accepting a Limited Duration (LD) appointment shall be notified and acknowledge in writing that s/he accepts the conditions of the appointment, which shall include the following:
a. The appointment is of limited duration.
b. The appointment may cease at any time.
c. The LD appointee shall have no layoff rights except as provided in (d) below.
d. An Agency employee appointed from a permanent position with regular status in the classified State service immediately prior to the LD appointment shall be reinstated to his/her former permanent regular status classification in the Agency when the LD appointment is terminated. The reinstatement right shall be on the same basis as the former regular status position, for example, if the employee was a part-time or job share, the reinstatement is on a part-time or job share basis. If the employee is appointed to a subsequent LD appointment(s) in the Agency without a break in employment prior to reinstatement to his/her former permanent regular status classification, the employee shall retain his/her right to reinstatement. If a position is not available for reinstatement, then the employee is entitled to layoff rights. Reinstatement rights provided herein shall not apply if charges are filed and he/she is discharged as provided in Article 11 (Discipline and Discharge).
e. The LD appointee in all other respects has all rights and privileges of other classified employees including but not limited to wages, benefits and Union representation under this Agreement.
Section 6. For recruitments where the veteran has been determined to be otherwise qualified and the selection process results in a quantified score, Senate Xxxx 822, Section 2 (1) (a) and (b) shall apply. If this process results in two or more candidates deemed equal and the Employer elects to appoint one of the candidates, the veteran shall be appointed, the seniority provisions of the respective collective bargaining agreements notwithstanding. For recruitments where the decision to hire or promote rests with a process that does not result in a score, the employer must give the veteran special consideration in such process per SB 822, Section 2 (1) (c). The provisions of Senate Xxxx 822 do not apply to grievance settlements, court mandates, Agency recall from layoff and injured worker returns to employment. Secondary recall lists are applicable to the provisions of Senate Xxxx 822.
Notice of Vacancies The employer shall post and publish notice of all job vacancies sufficiently in advance of the hiring date to afford all employees an equal opportunity to make application for the position. Posting and publication of notice of vacancy shall be accomplished in a manner consistent with the requirements of the employer's nondiscriminatory recruitment procedure.
JOB VACANCIES 31.01 A permanent vacancy shall exist when the employee is promoted, demoted, permanently transferred to another position, dies, resigns, retires or is terminated for just cause. A permanent vacancy shall also exist when a new job is created. A temporary vacancy is normally for a fixed length of time and/or is intended to replace a permanent employee for a pre-determined or unknown length of time.
31.02 Job postings shall normally reflect the job description and contain the following information: nature of position; qualifications; required knowledge and education, hours of work, salary range and location. In addition, postings for a temporary vacancy will normally indicate the start and end date of the vacancy. The Bargaining Unit President will receive a copy of all postings.
31.03 Permanent Vacancies must be filled in accordance with this article within 60 working days of the position becoming vacant. Where there is a vacancy in the bargaining unit that is known to last for not less than six (6) months, it shall be filled as follows:
a) In order of seniority, to an employee who is on the recall list, or who has been declared surplus, subject to having the necessary qualifications, ability, knowledge and skills to perform the job; otherwise,
b) The vacancy shall be posted for at least seven (7) working days prior to the closing date of the competition. For the purposes of posting positions in the months of July and August, vacancies shall be posted for at least ten (10) days.
c) Where a vacancy in the bargaining unit is being filled by a casual employee and where the Employer subsequently becomes aware that the vacancy will continue for an additional period of not less than (6) six months the position will be posted. When a vacancy has been filled by a casual employee for more than 6 months, the casual employee will become a Term employee with full compensation, benefits and rights of Term employees as defined in this Agreement.
d) Posted vacancies shall be filled in the following order:
i) first consideration shall be given to applications from regular full time and part-time employees, of which at least the three (3) most senior applicants who hold the necessary qualifications will be interviewed for each vacancy; and if such does not exist
ii) applications from term and casual employees within the bargaining unit; and then
iii) external candidates
31.04 In selecting a candidate to fill a position, which the employer intends to fill in the bargaining unit, the Employer shall consider:
(1) skill, ability, qualifications and experience required by the position
(2) seniority Where the factors in (1) are relatively equal, in the judgment of the Employer, then factor (2) shall govern. Where factor (2) is utilized, seniority shall be measured in accordance with Article 29 (Seniority) of this Collective Agreement.
31.05 Should the successful candidate vacate the position within six (6) months, the Employer shall not be required to post the position for competition. The Employer shall offer the position in ranking order to other qualified candidate(s) who were interviewed for the competition.
31.06 When it is not known whether a position will be vacant for (6) six or more months, the vacant position may be filled on an acting pay basis by qualified employees within the work location by position seniority.
31.07 Subject to the layoff and recall provisions of this Collective Agreement, where a regular employee is selected to fill a full-time or part-time vacancy on a term basis, the employee shall be entitled to return to the position previously occupied, upon the expiration of the term assignment.
31.08 In order to implement the staffing provisions, the Employer may place a casual employee in a vacant or newly created position pending staffing of the position in accordance with this Article.
31.09 When the status of a vacancy changes from temporary to permanent, the position shall be:
(a) filled from the recall list in accordance with Article 30.06 Recall, and if there is no qualified employee on the recall list, then,
(b) posted or re-posted for competition. Where the term incumbent is the sole applicant for the competition, the term employee may be confirmed in the position.
31.10 An employee shall be de-briefed by a member of Management upon request of the employee.
31.11 Reference to posting in this article shall mean electronically. If the system is down during regular business hours for any significant time during the posting period, the closing will be delayed by the equivalent time.
Filling Vacancies In the filling of vacancies, new positions, transfers or promotions, appointments shall be made to the employee with the required qualifications, and level of competency and efficiency as required by the position specifications, and where such requirements are equal, seniority shall be the determining factor.
