Filling of Vacancies The Employer will continue with the current practice regarding job postings. Notices of position vacancies which occur within the bargaining unit which cannot be filled by a qualified surplus employee shall be posted on the District’s website using the on-line application system. Upon written request, all job postings will be distributed to the concerned affiliate local union. The Employer shall not fill any vacancy with a substitute employee for longer than fifty (50) work days except that this fifty (50) work days, shall become sixty (60) work days for the months of May, June, July and August; provided however, this sixty (60) work day period shall not in any event extend beyond October 31 of any year. This section shall apply to all employees covered by this Agreement unless modified in the attached appendices.
Section 5.3.1 In order to become eligible for consideration of a position vacancy, an employee shall submit a completed position application form to the district Human Resource Office within the designated open period.
Section 5.3.2 Employees interviewed and not selected for a position in the bargaining classifications contained herein shall be notified of their non-selection prior to the selectee’s first day of work in the position for which they had applied.
Section 5.3.3 The employee with the earliest seniority date who is fully qualified to perform the work involved and who has fulfilled the requirements as set forth in Section 5.3.1, shall fill the vacant position when ability and performance are substantially equal to those who sought the vacancy by complying with those same requirements. Where it can be clearly substantiated that either a junior employee who has applied or an employment applicant possesses a greater ability and prior work performance record, the Employer may then fill the position with such person in which case the Employer shall set forth to the person and the union in writing upon written request from a senior eligible applicant, the reasons why that senior person was not placed into the position vacancy. Such factors as poor attendance and poor work performance shall be considered by the Employer in administering this section. This section shall apply to all employees covered by this Agreement unless modified in the attached appendices.
Section 5.3.3.1 When an incumbent employee is promoted or assumes a new position; the employee may be placed on trial for thirty (30) workdays until the employee proves themselves capable of handling the new position. Before the completion of the thirty (30) day period, either the employee or the administrator may determine that the assignment is not acceptable. If such determination is made, the employee shall return to the position held immediately prior to the assumption of the new position except as may be modified in attached appendices. Section 5.3.3.2 Should, in accordance with Section 5.3.3.1, an employee return or be returned to the position they previously held, the employee who is displaced will be placed back into their former position. If the former position was as a substitute, the displaced employee will be placed back as a substitute. Employees subject to such change in placement/assignment will be given at least ten (10) days’ notice prior to the effective date of the change.
Section 5.3.4 When two (2) employees subject to this Agreement are moved as the result of one initial posted vacancy, subsequent vacancies which may occur, shall be filled at the discretion of the Employer; provided, however, all custodial lead positions shall be subject to the position application procedures set forth herein.
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.
Filling of Positions A. PERMANENT POSITIONS
1. A permanent position is a position expected to last for more than three (3) months, except a permanent position shall not be created for pregnancy leave, medical leave, or other approved leave. A permanent position may be either full-time or part-time. When the Company determines that there should be a new permanent position or that a vacated permanent position should be filled it will announce such position for bid. The announcement shall state the domicile, number of positions available, their effective date and be posted via CrewTrac message to all Flight Attendants and in each domicile crew lounge for a period of no fewer than seven (7) calendar days.
2. Flight Attendants shall be allowed to submit a permanent bid and shall have the right to change their permanent bid any time prior to the vacancy bid closing. The Company shall establish guidelines under which bid forms are to be completed. An On-line permanent bid form will be made available to the Flight Attendants. The on-line form may be submitted at any time and will remain on file with the Company until it is requested to be removed or changed by the Flight Attendant.
3. When a part-time Flight Attendant position is available, full-time Flight Attendants shall be provided the opportunity to transfer to such positions in system seniority order prior to the Company hiring an external applicant. When a full-time Flight Attendant position becomes available, part-time Flight Attendants shall be permitted to transfer to such position in system seniority order prior to the hiring of an external applicant.
4. The Company will award permanent positions from the Permanent bid file, in system seniority order. If there are insufficient bidders, the Company may assign positions in reverse seniority order or assign them to newly hired Flight Attendants. Awards/assignments shall usually be posted in two (2) business days, but no later than five
Vacancies Whenever a vacancy in the Board of Trustees shall occur, the remaining Trustees may fill such vacancy by appointing an individual having the qualifications described in this Article by a written instrument signed by a majority of the Trustees then in office or may leave such vacancy unfilled or may reduce the number of Trustees; provided the aggregate number of Trustees after such reduction shall not be less than the minimum number required by Section 2.1 hereof; provided, further, that if the Shareholders of any class or series of Shares are entitled separately to elect one or more Trustees, a majority of the remaining Trustees or the sole remaining Trustee elected by that class or series may fill any vacancy among the number of Trustees elected by that class or series. Any vacancy created by an increase in Trustees may be filled by the appointment of an individual having the qualifications described in this Article made by a written instrument signed by a majority of the Trustees then in office. No vacancy shall operate to annul this Declaration or to revoke any existing agency created pursuant to the terms of this Declaration. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided herein, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration.
JOB VACANCIES Vacancies or new positions shall be awarded to the senior employee applicant where the employee currently possesses the necessary capabilities to perform the work. Qualifications for the job shall be posted by the Employer, and the posting shall include the shift and number of hours for the position. No employee shall be eligible to bid on a job vacancy or new position until the employee has worked in the employee's existing job for a minimum of one hundred eighty (180) days. The provisions of the preceding sentence shall not apply when employees bid on vacancies or new positions in the employee's same classification. All vacancies shall be bulletined for a minimum of five (5) calendar days, and notice of the same furnished to the Union at the same time. Each Hospital shall develop a system to ensure that only applicants signing the posting during the five calendar day posting period will be considered. Temporary assignments may be made during such posting period only; provided assignments to a new classification may be on a temporary basis for ten (10) days. If a question arises as to the capability of an employee to perform the employee's duties after the above herein procedure has been used, that question, and any other question incidental thereto pertaining to the employee's classification and rate of pay, shall be settled by mutual agreement between the Employer and the Union. If such questions cannot be so settled, they shall be settled by arbitration as provided in Article 2. In filling vacancies or new positions, senior employees in the classification where the vacancy or new position is located shall be given preference. In the event that the vacant or new position cannot be filled with a qualified employee from that classification then qualified applicants from other classifications within the bargaining unit will be considered based on bargaining unit seniority.
Posting and Filling of Vacancies 8.1(1) When a permanent vacancy occurs within a classification covered by this agreement, which the Employer intends to fill, after the Employer applies the internal job transfer bidding procedure and the ultimate vacancy is thereby identified, such vacancy shall be advertised for ten (10) calendar days provided that nothing herein shall prevent the Employer from advertising such vacancy throughout its system or outside during the ten (10) day period. Probationary employees may, at the sole discretion of the Employer, be considered for another position outside their classification after the signing date of this agreement. The Company reserves the sole and absolute right to carry out any applicable interviewing or testing that is necessary in its opinion. All test processes will be approved by qualified Human Resources staff. An employee will only be allowed to take one test failure for each different job classification bid every four (4) months. Current employees applying for positions which involve increased driving responsibilities must meet corporate driving standards and provide with application a current driving abstract. The opinion of the Employer shall not be exercised in an arbitrary or discriminatory manner.
8.1(2) Internal Job Transfer Bidding Procedure
8.1(3) This internal job transfer bidding procedure is within a given classification as follows:
8.1(4) All employees within each classification, when requested, must submit a “standing application” to transfer to any existing alternate home base or location, shift, shift hours, days off (in order of preference), to transfer from part-time to full-time status, or to indicate that they wish no change, whichever is applicable to each individual within their current classification.
8.1(5) A copy of such standing application submitted will be furnished to the employee. Since a standing application will remain valid indefinitely until it results in action or is replaced by the employee, it is the responsibility of the employee to ensure that a standing application always reflects the employee’s current preferences.
8.1(6) (i) When a permanent classification position vacancy is to be filled, all standing applications will immediately be reviewed with the intention of awarding transfers (including any “resultant” transfers) in order of classification seniority in the following sequence, where applicable:
(a) transfer of a full-time employee from one home base or location to another or as referred to above;
(b) transfer of an employee from part-time to full- time status;
(c) transfer of part-time employees from one home base or location to another or as referred to above; and
(d) transfer of full-time employees to part-time.
Vacancies and Newly Created Directorships Except as otherwise provided by applicable law, vacancies occurring in any directorship (whether by death, resignation, retirement, disqualification, removal or other cause) and newly created directorships resulting from any increase in the number of directors shall be filled in accordance with the Amended and Restated Certificate of Incorporation and the Sponsor Stockholders Agreements. Any director elected to fill a vacancy or newly created directorship shall hold office until the next election of the class for which such director shall have been chosen and until his or her successor shall be elected and qualified, or until his or her earlier death, resignation, retirement, disqualification or removal.
Newly Created Directorships and Vacancies Subject to Section 5.5 hereof, newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely and exclusively by a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal.
Felling of trees The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority for this purpose if, and only if, such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtained. The cost of such felling shall be borne by the Authority and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority within the time specified in the Agreement.
Removal; Vacancies Each Designated Sponsor Fund shall have the exclusive right to (i) remove its respective designees from the Board, and the Parties shall take all Necessary Action to cause the removal of any such designee at the request of the applicable Designated Sponsor Fund; and (ii) designate for election to the Board, directors to fill vacancies created by reason of death, removal or resignation of its designees to the Board, and the Parties shall take all Necessary Action to cause any such vacancies to be filled by replacement directors designated by such Designated Sponsor Fund as promptly as reasonably practicable; provided, that, for the avoidance of doubt and notwithstanding anything to the contrary in this Section 2.01(e), no Designated Sponsor Fund shall have the right to designate a replacement director, and the Parties shall not be required to take any action to cause any vacancy to be filled by any such designee, to the extent that election or appointment of such designee to the Board would result in the Board having as members, at any time, a number of directors designated by such Designated Sponsor Fund in excess of the number of directors that such Designated Sponsor Fund is then entitled to designate for membership on the Board pursuant to Section 2.01(c).
