Common use of Filling of Vacancies Clause in Contracts

Filling of Vacancies. 1. For positions in classifications designated in Appendix A, the following shall apply: In the event of a vacancy in a position after application of the recall provisions in this Article, such vacancy shall be filled from among eligible employees on the basis of ability and qualifications to perform the duties of the position. Where qualifications and ability are substantially equal, seniority will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees within the applicable MCC who bid for transfer; b. from employees within the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controlling. 2. For positions in classifications designated in Appendix B, the following shall apply. In the event of a vacancy in a position, after application of the recall provisions of this article, such vacancy shall be filled on the basis of: first ability and qualifications to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from within the bargaining unit through the posting and application procedure described herein. The appointing authority may also seek applicants from outside the bargaining unit concurrently with internal positing procedures. b. Each bargaining unit applicant who meets the minimum qualifications shall be entitled to an interview and considered for appointment to the vacancy. c. On the basis described above, the appointing authority shall evaluate the bargaining unit applicants. The appointing authority shall then, on the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants from outside the bargaining unit. Each bargaining unit applicant shall be notified of the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedure. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies shall be posted in each of the unit divisions for ten

Filling of Vacancies. 1) All permanent vacancies of titles included in the Upward Mobility Program subject to the AFSCME Collective Bargaining Agreement shall be posted pursuant to the contractual procedures as delineated in Article XIX, Sections 1 and 2. For positions in classifications designated in Appendix A, Such postings shall indicate that the following shall apply: In the event of a vacancy title is an UMP target title. 2) Employees interested in a position after application within their own agency must bid in accordance with agency work location designations as delineated in Article XIX, Section 5 and specific agency Supplemental Agreements. 3) Employees will be placed on eligibility lists for their targeted title in designated counties as follows: a) Employees shall be allowed to select in writing up to three counties of preference for each job title in which they earn a certificate or credential. b) An employee who has earned a certificate and/or credential will automatically be placed on the Upward Mobility Program eligibility list for that job title at the time he or she indicates the initial county preferences pursuant to Section 3(a) of this Section. c) Employees may change county preferences during the life of this Agreement by contacting the Department of Central Management Services, Division of Examining and Counseling in writing to indicate which county(s) they desire to have added or deleted. d) An employee may, on his or her own initiative, contact an agency to indicate, in writing, a preference beyond the three counties. This written request must be made for a specific position during the posting period and the individual will be treated as though they were on the eligibility list for that position. 4) Vacancies for promotion to certificate titles will be filled in accordance with Article XV, Section 4. Such selection shall be in the following order of priority: a) Agency bidders within the work location or facility, whichever is applicable. Employees with a certificate shall be considered and selected on the same basis as other qualified and eligible bidders (pursuant to Article XIX) in the next lower position classification within the position classification series from the bargaining unit in which the vacancy occurs. b) Agency bidders within the same county as the work location or facility with a certificate unless the supplemental agreement provides otherwise. c) Agency employees on the Upward Mobility Program eligibility list with a certificate not eligible to bid under Sections 4a and 4b. d) Employees with a certificate from other agencies on the Upward Mobility Program eligibility list pursuant to Section 3. e) If no employees are on an Upward Mobility Program eligibility list, such vacancies shall be filled in accordance with Article XIX. Selection among eligible employees shall be in accordance with Article XVIII, Section 2. Seniority for targeted positions in bargaining units covered by this agreement shall be determined based upon the definition of seniority for the bargaining unit of the recall provisions targeted title for agency employees. Seniority for employees of other agencies shall be their continuous service date. Selection among candidates for positions outside a bargaining unit covered by this agreement shall be in this Articleaccordance with Article XVIII, such vacancy Section 2(b). 5) Filling of vacancies for non-bargaining unit titles shall be filled from the Upward Mobility Program eligibility list first from the agency and then from other agencies in accordance with seniority as applied in Article XVIII, Section 2(b). 6) Filling of vacancies of credential titles will be filled in accordance with Article XV, Section 4. Such selection shall be in the following order of priority: a) Credentialed employees bidding on a position, or who are on an appropriate Upward Mobility Program eligibility list within their current bargaining unit, or who are bidding on a position to which they have contractual rights shall be considered and selected on the same basis as other qualified and eligible bidders who are not credentialed employees. b) Credentialed employees bidding, or who are on an appropriate Upward Mobility Program eligibility list for a position to which they otherwise have no contractual rights, shall be selected before the Employer selects any other applicant who has no contractual rights. Selection among eligible employees on the basis of ability and qualifications to perform the duties of the position. Where qualifications and ability are substantially equal, seniority will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees within the applicable MCC who bid in accordance with Article XVIII, Section 2. Seniority for transfer; b. from employees within the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan targeted positions in place, such plan bargaining units covered by this agreement shall be controlling. 2. For positions in classifications designated in Appendix B, determined based upon the following shall apply. In the event definition of a vacancy in a position, after application of the recall provisions of this article, such vacancy shall be filled on the basis of: first ability and qualifications to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from within for the bargaining unit through of the posting and application procedure described hereintargeted title. The appointing authority may also seek applicants from Selection among candidates for positions outside the bargaining unit concurrently with internal positing procedures. b. Each bargaining unit applicant who meets the minimum qualifications shall be entitled to an interview and considered for appointment to the vacancy. c. On the basis described above, the appointing authority shall evaluate the bargaining unit applicants. The appointing authority shall then, on the same basis, select a bargaining unit applicant to fill covered by this agreement shall be in accordance with Article XVIII, Section 2(b). For the vacancy or evaluate applicants from outside purpose of this Section only, trainee positions which are credential titles shall be considered as part of the bargaining unit. Each same bargaining unit applicant shall and classification series as the target position for which the trainee title was established. 7) The employing agency will be notified responsible for handling waivers of offers of vacancies by eligible employees. A written waiver is required unless the completion of the internal procedureemployee refuses to submit such a waiver. In no event such cases, evidence that the offer was made and refused, i.e., a certified letter, shall persons outside the bargaining unit suffice. An employee may waive his/her right to be considered for positions in an agency(ies); on a position prior shift; in a particular work location(s) or to completion of the internal procedurea particular position. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies shall be posted in each of the unit divisions for ten

Filling of Vacancies. 1. For positions in classifications designated in Appendix Aa. When a permanent vacancy arises, the following shall apply: In the event of a vacancy in a position after application of the recall provisions in this Article, such vacancy shall be filled from among eligible employees on the basis of ability and qualifications to perform the duties of the position. Where qualifications and ability are substantially equal, seniority it will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees 1. A permanent vacancy is defined as a vacancy other than those defined as temporary or seasonal as defined in the District’s Personnel Policy Manual or 2. When the Employer determines that a permanent vacancy exists and decides to fill the vacancy, the following job posting procedure will be followed: The Employer shall post any such bargaining unit vacancies for seven calendar days in a conspicuous location, which may include electronic communication. The notice will contain a full description of the job duties. Employees who are interested in the position must submit an electronic application to the position’s Supervisor within the applicable MCC seven calendar day posting period. The Employer will not post or advertise the position to the general public during the 7-day posting period described above. 3. The Employer shall attempt to fill a vacancy by hiring or selecting the most qualified candidate at the sole discretion of the Employer, whose selection decisions shall be overturned only if found to be arbitrary and capricious. 4. If none of the Employees who bid have applied for transfer;the vacancy meet the standards established by the Employer or are otherwise not qualified to perform the work required of the position, the Employer may fill the position at its discretion, which may include a new hire, reposting the vacancy, or selecting the most senior candidate. 5. When selecting candidates for vacancies under this Section, the term “qualified” shall be defined as a reasonable belief on the part of the Employer, through reference to Employer records (which may include verifiable previous work experience within or outside the District) and/or interviews, that the candidate has the job experience, educational background, and skill and ability to perform the work in the posted position. The Employer may also rely on performance reviews and discipline and attendance records in making its selection. b. from employees within After an Employee has been selected for a position, the applicable MCC who bid for promotion;following principles shall apply: c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System1. Where such election involves If a bona fide need for special skills and/or special qualifications do not exist among the applicants non-probationary Employee from within the applicable MCC or MCC System serviceunit has been awarded a vacant position under this Section, the above preference Employer will evaluate the Employee’s performance to determine whether the Employee is qualified for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controllingposition. 2. For positions in classifications designated in Appendix BIf the Employer determines within 30 working days that the selected Employee cannot fulfill the position’s requirements, the following shall apply. In Employee will be returned to the event of a vacancy in a position, after application of position which the recall provisions of this article, such vacancy shall be filled on Employee held at the basis of: first ability and qualifications to perform time he/she was awarded the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from within the bargaining unit through the posting and application procedure described hereinvacancy. The appointing authority position previously held by the Employer shall remain vacant for 30 working days, during which time the Employer may also seek applicants from outside use any means whatsoever, including the bargaining use of unit concurrently with internal positing procedures. b. Each bargaining or non-unit applicant who meets employees or the minimum qualifications shall be entitled use of temporary labor, to an interview and considered for appointment to staff the vacancy. c. On the basis described above, the appointing authority shall evaluate the bargaining unit applicants. The appointing authority Employer’s decisions under this subparagraph 2 shall then, on the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants from outside the bargaining unit. Each bargaining unit applicant shall not be notified of the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedure. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original postingoverturned unless arbitrary and capricious. 3. All job vacancies If the Employer fills a vacancy by hiring from outside the unit, Article VIII, Section 2 Probationary Employees shall be posted in each of govern with respect to evaluating the unit divisions Employee’s suitability for tenthe position.

Filling of Vacancies. 1. For positions in classifications designated in Appendix A‌ a. When a permanent vacancy arises, the following shall apply: In the event of a vacancy in a position after application of the recall provisions in this Article, such vacancy shall be filled from among eligible employees on the basis of ability and qualifications to perform the duties of the position. Where qualifications and ability are substantially equal, seniority it will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees within 1. A permanent vacancy is defined as a vacancy other than those defined as temporary or seasonal as defined in the applicable MCC who bid for transfer; b. from employees within District’s Personnel Policy Manual or vacancy created through Employee attrition or the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves creation of a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controllingnew position. 2. For positions in classifications designated in Appendix BWhen the Employer determines that a permanent vacancy exists and decides to fill the vacancy, the following job posting procedure will be followed: The Employer shall apply. In the event of a vacancy post any such bargaining unit vacancies for seven calendar days in a positionconspicuous location, after application which may include electronic communication. The notice will contain a full description of the recall provisions of this article, such vacancy shall be filled on job duties. Employees who are interested in the basis of: first ability and qualifications position must submit an electronic application to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from position’s Supervisor within the bargaining unit through the seven calendar day posting and application procedure described hereinperiod. The appointing authority may also seek applicants from outside Employer will not post or advertise the bargaining unit concurrently with internal positing procedures. b. Each bargaining unit applicant who meets the minimum qualifications shall be entitled to an interview and considered for appointment position to the vacancy. c. On general public during the basis 7-day posting period described above, the appointing authority shall evaluate the bargaining unit applicants. The appointing authority shall then, on the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants from outside the bargaining unit. Each bargaining unit applicant shall be notified of the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedure. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies The Employer shall attempt to fill a vacancy by hiring or selecting the most qualified candidate at the sole discretion of the Employer, whose selection decisions shall be posted in each overturned only if found to be arbitrary and capricious. 4. If none of the Employees who have applied for the vacancy meet the standards established by the Employer or are otherwise not qualified to perform the work required of the position, the Employer may fill the position at its discretion, which may include a new hire, reposting the vacancy, or selecting the most senior candidate. 5. When selecting candidates for vacancies under this Section, the term “qualified” shall be defined as a reasonable belief on the part of the Employer, through reference to Employer records (which may include verifiable previous work experience within or outside the District) and/or interviews, that the candidate has the job experience, educational background, and skill and ability to perform the work in the posted position. The Employer may also rely on performance reviews and discipline and attendance records in making its selection. b. After an Employee has been selected for a position, the following principles shall apply: 1. If a non-probationary Employee from within the unit divisions has been awarded a vacant position under this Section, the Employer will evaluate the Employee’s performance to determine whether the Employee is qualified for tenthe position. 2. If the Employer determines within 30 working days that the selected Employee cannot fulfill the position’s requirements, the Employee will be returned to the position which the Employee held at the time he/she was awarded the vacancy. The position previously held by the Employer shall remain vacant for 30 working days, during which time the Employer may use any means whatsoever, including the use of unit or non-unit employees or the use of temporary labor, to staff the vacancy. The Employer’s decisions under this subparagraph 2 shall not be overturned unless arbitrary and capricious. 3. If the Employer fills a vacancy by hiring from outside the unit, Article VIII, Section 2 Probationary Employees shall govern with respect to evaluating the Employee’s suitability for the position.

Filling of Vacancies. ‌ 1. For positions in classifications designated in Appendix A, the following shall apply: In the event of a vacancy in a position after application of the recall provisions in this Article, such vacancy shall be filled from among eligible employees on the basis of ability and qualifications to perform the duties of the position. Where qualifications and ability are substantially equal, seniority will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees within the applicable MCC who bid for transfer; b. from employees within the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controlling. 2. For positions in classifications designated in Appendix B, the following shall apply. In the event of a vacancy in a position, after application of the recall provisions of this article, such vacancy shall be filled on the basis of: first ability and qualifications to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from within the bargaining unit through the posting and application procedure described herein. The appointing authority may also seek applicants from outside the bargaining unit concurrently with internal positing procedures. b. Each bargaining unit applicant who meets the minimum qualifications shall be entitled to an interview and considered for appointment to the vacancy. c. On the basis described above, the appointing authority shall evaluate the bargaining unit applicants. The appointing authority shall then, on the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants from outside the bargaining unit. Each bargaining unit applicant shall be notified of the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedure. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies shall be posted in each of the unit divisions for ten

Filling of Vacancies. 1. For positions in classifications designated in Appendix AA. A vacancy, the following shall apply: In the event of a vacancy in as used herein, refers to a position after application of the recall provisions in this Article, such vacancy shall to be filled from among eligible employees on by the basis of ability and qualifications bid process. A position to perform the duties of the position. Where qualifications and ability are substantially equal, seniority will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees within the applicable MCC who bid for transfer; b. from employees within the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves which an employee has recall or displacement rights is not considered a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selectionvacancy. Notwithstanding the above, it when a vacancy exists at a Station/Point in the Flight Simulator Technicians (FST), Avionics Shop Technician (SFORQ), Metrologist, Computer Technician, Lead and/or Inspector Classification(s) and there are no employee(s) at the Station/Point where the vacancy is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controlling. 2. For positions in classifications designated in Appendix Bbeing filled who have recall rights to any of these Classifications, the following shall applyposting will first be filled from among successful bidders at the Station/Point where the opening exists before any offer of recall is made to furloughed employee(s) in other Classifications with recall rights to that Station/Point. In This will be known as a “Point Shake Down”. Notwithstanding the event of above, when a vacancy exists in a positionthe Flight Simulator Technician and Related Craft (“FST Craft”), after application of the recall provisions posting will first be filled from among successful bidders within the FST Craft. If the vacancy is not filled from within the FST Craft, vacancies will be filled from within the Technician Craft in accordance with the rest of this article. B. Any non-probationary employee may bid on any posted vacancy created as a result of a new or vacant position. The vacancy will be awarded to the senior qualified bidder in accordance with the procedures specified below. The qualifications required are specified in Article 3, such vacancy Classifications of Employees. Notwithstanding the provisions in D 1 below, an employee may bid on more than one concurrent job posting at a time. If he is the senior qualified bidder, as defined in Article 3, on more than one position, he shall have the right to choose which to accept, without penalty. Except for Special Postings, Eemployees shall be filled restricted from bidding for one (1) year after the commencement of their probationary period. C. When the Company fills a vacancy, it will do so in accordance with the following provisions: 1. Standard Bid Procedure a. All vacancies will be electronically "posted" in E-Bid, or its future equivalent, for twenty-one (21) calendar days. Additionally, the vacancies will be posted on the basis of: first ability “Tech Ops Portal”, or its future equivalent, and email notifications will be sent to any employee who requests the vacancy notices and provides a valid email address through the E-bid system or its future equivalent and sent to the Union. Bids must be completed on the i. Job Title, and ii. The Station and Bid Area in which the vacancy is to be filled, and iii. Other qualifications to perform the duties as stated in Article 3 of this Agreement, and iv. The posting date, closing date and time of the classification bid, and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from within report date for the bargaining unit through the posting and application procedure described herein. The appointing authority may also seek applicants from outside the bargaining unit concurrently with internal positing proceduresnew position. b. Each bargaining unit applicant who meets Unless the minimum qualifications shall bid has previously been canceled, immediately after the closing date and time, the bids will be entitled to an interview reviewed and considered for appointment the successful bidder will be determined. The results of the bid selection will be electronically posted with a copy being sent to the vacancyUnion, and the successful bidder will be notified no later than three (3) business days after the closing date. c. On Bid postings will include the basis described abovenames of all who had a bid on file at the time of selection, the appointing authority shall evaluate the bargaining unit applicantsin seniority order. The appointing authority shall then, on the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants from outside the bargaining unit. Each bargaining unit applicant shall be notified of the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedure. d. The above procedure is terminated if an applicant is not selected within one hundred twenty Within sixty (12060) days of ratification the original postingCompany shall put a system in place that will allow the Union, upon request, to review all vacancy postings, bids on file and bid selections. The system shall allow the Union to view the entire bid process from start to finish, including the time and date of all postings, bid(s) submitted or withdrawn, and positions awarded. 3. All job vacancies shall be posted in each of the unit divisions for ten

Filling of Vacancies. 1. For positions in classifications designated in Appendix Aa. When a permanent vacancy arises, the following shall apply: In the event of a vacancy in a position after application of the recall provisions in this Article, such vacancy shall be filled from among eligible employees on the basis of ability and qualifications to perform the duties of the position. Where qualifications and ability are substantially equal, seniority it will be the governing factor in final selection. Vacancies shall be filled as follows: a. from employees within 1. A permanent vacancy is defined as a vacancy other than those defined as temporary or seasonal as defined in the applicable MCC who bid for transfer; b. from employees within District’s Personnel Policy Manual or vacancy created through Employee attrition or the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves creation of a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controllingnew position. 2. For positions in classifications designated in Appendix BWhen the Employer determines that a permanent vacancy exists and decides to fill the vacancy, the following job posting procedure will be followed: The Employer shall apply. In the event of a vacancy post any such bargaining unit vacancies for seven calendar days in a positionconspicuous location, after application which may include electronic communication. The notice will contain a full description of the recall provisions of this article, such vacancy shall be filled on job duties. Employees who are interested in the basis of: first ability and qualifications position must submit an electronic application to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from position’s Supervisor within the bargaining unit through the seven calendar day posting and application procedure described hereinperiod. The appointing authority may also seek applicants from outside Employer will not post or advertise the bargaining unit concurrently with internal positing procedures. b. Each bargaining unit applicant who meets the minimum qualifications shall be entitled to an interview and considered for appointment position to the vacancy. c. On general public during the basis 7-day posting period described above, the appointing authority shall evaluate the bargaining unit applicants. The appointing authority shall then, on the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants from outside the bargaining unit. Each bargaining unit applicant shall be notified of the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedure. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies The Employer shall attempt to fill a vacancy by hiring or selecting the most qualified candidate at the sole discretion of the Employer, whose selection decisions shall be posted in each overturned only if found to be arbitrary and capricious. 4. If none of the Employees who have applied for the vacancy meet the standards established by the Employer or are otherwise not qualified to perform the work required of the position, the Employer may fill the position at its discretion, which may include a new hire, reposting the vacancy, or selecting the most senior candidate. 5. When selecting candidates for vacancies under this Section, the term “qualified” shall be defined as a reasonable belief on the part of the Employer, through reference to Employer records (which may include verifiable previous work experience within or outside the Park District) and/or interviews, that the candidate has the job experience, educational background, and skill and ability to perform the work in the posted position. The Employer may also rely on performance reviews and discipline and attendance records in making its selection. b. After an Employee has been selected for a position, the following principles shall apply: 1. If a non-probationary Employee from within the unit divisions has been awarded a vacant position under this Section, the Employer will evaluate the Employee’s performance to determine whether the Employee is qualified for tenthe position. 2. If the Employer determines within 30 working days that the selected Employee cannot fulfill the position’s requirements, the Employee will be returned to the position which the Employee held at the time he/she was awarded the vacancy. The position previously held by the Employer shall remain vacant for 30 working days, during which time the Employer may use any means whatsoever, including the use of unit or non-unit employees or the use of temporary labor, to staff the vacancy. The Employer’s decisions under this subparagraph 2 shall not be overturned unless arbitrary and capricious. 3. If the Employer fills a vacancy by hiring from outside the unit, Article VIII, Section 2 Probationary Employees shall govern with respect to evaluating the Employee’s suitability for the position.

Filling of Vacancies. (OYA Youth Correctional Facilities and Camps) Section 1. For positions in classifications designated in Appendix A, Any vacancy within the following shall apply: In the event of a vacancy in a position after application of the recall provisions in this Article, such vacancy Agency shall be filled first through exhaustion of the shift vacancy procedures in Article 90.2A, secondly through exhaustion of the transfer process of Article 70.2A(2) and lastly by hiring from among eligible employees the Agency Layoff list or secondary recall list. All subsequent parts of this Article apply when there is no Agency layoff list or secondary recall list. Section 2. When a vacant position is to be filled after exhaustion of the shift vacancy procedures in Article 90.2A and Section 1, it shall be publicized throughout the Agency and posted on bulletin boards for five (5) consecutive days. Section 3. An employee desiring a lateral transfer shall submit a written request for transfer to the supervisor of the vacant position. The hiring supervisor, in filling the vacancy, will consider qualified applicants requesting lateral transfer within the Agency, and may consider applicants from any other list. The most qualified applicant shall be selected. If the senior employee requesting transfer is not selected, he/she may request in writing an explanation of the denial and it shall be provided, in writing. Section 4. It shall be the employee’s responsibility to see that he/she has taken the appropriate tests, is on the basis appropriate lists, and that the lists reflect his/her current Employer. Section 5. The Agency will maintain a list of ability employee requests for intra-Agency lateral transfer. If a qualified employee requests a transfer because of extreme economic hardship or serious medical need he/she shall be selected provided that employee possesses the knowledge, skills, and qualifications abilities essential to perform the duties particular assignment. For purposes of this Section, a qualified employee means one who has not been subject to discipline or denial of a performance pay increase, reduction in pay, demotion, or suspension within the positionprevious six (6) months. Section 6. Where qualifications and ability are substantially equal, seniority The Appointing Authority has the right to reassign personnel in cases not involving a reduction in force. Volunteers for the organizational unit from which the position is being reassigned will be given first consideration. The most senior volunteer with the governing factor in final selection. Vacancies Agency and who is qualified, both by classification and knowledge, skills, and abilities essential for the particular assignment, shall be filled as follows: a. from employees within the applicable MCC who bid for transfer; b. from employees within the applicable MCC who bid for promotion; c. from employees within MCC System service who bid for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside the MCC System. Where such election involves a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controlling. 2. For positions in classifications designated in Appendix B, the following shall applyselected. In the event absence of volunteers, the transferee shall be that employee in the organizational unit from which the reassignment is being made who is the least senior and who is qualified both by classification and knowledge, skills, and abilities for the particular position. Section 7. Prior to the opening of a vacancy in a position, after application of the recall provisions of this article, such vacancy shall be filled on the basis of: first ability and qualifications to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. a. The appointing authority shall seek applicants from within the bargaining unit through the posting and application procedure described herein. The appointing authority may also seek applicants from outside the bargaining unit concurrently with internal positing procedures. b. Each bargaining unit applicant who meets the minimum qualifications shall be entitled to an interview and considered for appointment to the vacancy. c. On the basis described abovenew facility, the appointing authority Agency shall evaluate identify the bargaining unit applicants. The appointing authority shall then, on the same basis, select a bargaining unit applicant method it will use to fill the vacancy or evaluate applicants from outside position(s). The Agency will convey the bargaining unit. Each bargaining unit applicant shall be notified of method to the completion of Local and include the internal procedure. In no event shall persons outside method on the bargaining unit be considered for a position prior to completion of the internal proceduretransfer notice. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies shall be posted in each of the unit divisions for ten

Filling of Vacancies. 1. For positions When a B.1. position becomes available the Superintendent shall, in classifications designated in Appendix Athe order noted, post vacancies required to be filled by contract, by law or for Committee approved programs within fifteen (15) days of the approval of the annual budget by voters up through ten (10) days prior to the opening of school for the ensuing school year. a. When a position becomes available from which an educator has been involuntarily transferred, the following shall apply: In educator with the event of a vacancy in a position after application of the recall provisions in this Articlehighest PSE Score if more than one (1) educator has been involuntarily transferred, such vacancy shall be filled from among eligible employees on notified in writing in order to be given the basis of ability and qualifications opportunity to perform the duties of the positionreturn to his/her former position before such position is posted. Where qualifications and ability are substantially equaltwo or more members have identical PSE Scores, seniority the most senior will be reinstated. For the governing factor in final selection. Vacancies purpose of this Section I., the term position shall be filled defined as follows: a. i. Elementary: The grade in the building from employees which the educator was transferred or reassigned. ii. Secondary: The discipline in the building from which the educator was transferred or reassigned. b. Subject to state law, the educator with the highest PSE Score on the recall list, within the applicable MCC who bid for transfer; area of certification, will be placed next according to the provisions of Article 30. Where two or more members have identical PSE Scores, the most senior will be recalled. NOTE: Middle school educators will follow a. or b. from employees within the applicable MCC who bid for promotion;depending on certification. c. from employees within MCC System service who bid The position will be posted and educators expressing a desire for transfer; d. from employees within MCC System service who bid for promotion; and e. from applicants outside a voluntary transfer will be placed next according to the MCC System. Where such election involves a bona fide need for special skills and/or special qualifications do not exist among the applicants from within the applicable MCC or MCC System service, the above preference for selection shall not preclude the agency from outside selection. Notwithstanding the above, it is understood there should be no conflict with affirmative action principles, and where there is an affirmative action plan in place, such plan shall be controlling. 2. For positions in classifications designated in Appendix B, the following shall apply. In the event of a vacancy in a position, after application of the recall provisions of this article, such vacancy shall be filled on the basis of: first ability and qualifications to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern.Article a. The appointing authority shall seek applicants from within the bargaining unit through the posting and application procedure described herein. The appointing authority may also seek applicants d. A candidate from outside the bargaining unit concurrently will be appointed by the Committee. 2. When a B.2. position becomes available the Superintendent shall, in the order noted, post vacancies required to be filled by Contract, by law or for Committee approved programs within three (3) days after the Committee's acceptance of a resignation, termination and/or within three (3) days after the execution of a transfer and/or within three (3) days after class size considerations or the establishment of new programs. a. When a position becomes available from which an educator has been involuntarily transferred, the educator with internal positing proceduresthe highest PSE Score if more than one (1) educator has been involuntarily transferred, shall be notified in writing in order to be given the opportunity to return to his/her former position before such position is posted; however the transfer to these vacancies will not be executed until the next school year. Where two or more members have identical PSE Scores, the most senior will be reinstated. For the purpose of this Section I., the term position shall be defined as follows: i. Elementary: The grade in the building from which the educator was transferred or reassigned. ii. Secondary: The discipline in the building from which the educator was transferred or reassigned. b. Each bargaining unit applicant who meets Subject to state law, the minimum qualifications shall educator with the highest PSE Score on the recall list, within the area of certification, will be entitled to an interview and considered for appointment placed next according to the vacancyprovisions of Article 30.Where two or more members have identical PSE Scores, the most senior will be recalled. NOTE: Middle school educators will follow a. or b. depending on certification. c. On The position will be posted and educators expressing a desire for a voluntary transfer will be placed next according to the basis described aboveprovisions of this Article; however the transfer to these vacancies will not be executed until the next school year. d. Educators with less than a full load will be placed in the position, or a portion of the position, to bring them to a full load so long as the educator’s schedule can accommodate the addition without conflict and no changes are required to a master schedule. At the end of the school year, the appointing authority shall evaluate addition to the bargaining unit applicants. The appointing authority shall then, on educator’s load will be vacated and posted for the same basis, select a bargaining unit applicant to fill the vacancy or evaluate applicants ensuing school year. e. A candidate from outside the bargaining unit. Each bargaining unit applicant shall will be notified of appointed by the completion of the internal procedure. In no event shall persons outside the bargaining unit be considered for a position prior to completion of the internal procedureCommittee. d. The above procedure is terminated if an applicant is not selected within one hundred twenty (120) days of the original posting. 3. All job vacancies shall be posted in each of the unit divisions for ten