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 is promoted or assumes a new position; he/she may be placed on trial for forty-five (45) workdays until he/she proves themselves capable of handling the new position. Before the completion of the forty-five (45) 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.
Posting of Vacancies Vacancies occurring during the school year may be temporarily filled to avoid undue disruption of the educational program. The procedures in this section will be followed for filling vacancies for a subsequent school year. A notice setting forth information that accurately describes the vacancy shall be posted electronically. Except in cases of emergency, the vacancy will not be filled until seven (7) calendar days have elapsed since delivery and posting of the notice as set forth above has occurred. Where specific training, experience, and other qualifications are a prerequisite for anyone to fill the vacancy, such requirement shall be set forth in the notice. Reassignments within a school building may occur prior to posting a vacancy. The Association president or designee is concurrently given written notice of any such reassignment. Consequently, a retirement, resignation, addition at a grade level or mid-year staffing could result in a notice of vacancy that differs from the original opening within the building. When a bargaining unit member with interest in a particular potential vacancy provides the Superintendent or designee in writing prior to the last bargaining unit member attendance day of the school year with contact information, such as e-mail address, street address and phone number, the Administration shall notify the bargaining unit member of any vacancy occurring during the summer in which the bargaining unit member has expressed an interest. A bargaining unit member so notified shall be responsible to contact the Administration within seven (7) calendar days following a good faith effort to give the bargaining unit member notice, should the bargaining unit member elect to apply for the vacancy. If the District offers a summer school or other extended school year program, notice of all vacancies for the program shall be published in the manner provided for herein and shall not be filled until seven (7) calendar days have elapsed. Compensation shall be in accordance with the Agreement. When Schedule B vacancies occur, the following procedures will be followed:
1. Principals shall email all Schedule B vacancies to all bargaining unit members in their school building and allow bargaining unit members a period of seven (7) calendar days to express written interest in the vacancy. In the event no qualified bargaining unit member expresses written interest during the seven (7) calendar days, a District-wide posting, consistent with the procedure set forth in Section 6.6.2.1 and Section 9.8.10 shall occur for an additional seven (7) calendar days.
2. The Association president or designee shall be copied on all Schedule B vacancy emails within a building. All bargaining unit member’s written interest shall be acknowledged in writing by the appropriate administrator.
3. Principals shall annually reopen Schedule B positions which are currently filled by non- bargaining unit members to all bargaining unit members in their school building for seven (7) calendar days before the end of the school year.
4. Vacancies occurring during the school year may be temporarily filled to avoid undue disruption of the educational program.
5. Preference shall be given to a bargaining unit member over a non-bargaining unit member when both are equally qualified. In order to afford elementary bargaining unit members the opportunity to perform extra tasks such as ticket-taking, such semester or seasonal jobs will first be emailed to bargaining unit members within a building and if not filled, will then be posted on the District website for all bargaining unit members before such work is offered to non-bargaining unit staff or persons not employed by the District.
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.
Notice of Vacancies The employer shall post and publish notice of all vacancies sufficiently in advance of the hiring date to afford all employees who are eligible to apply for the vacancy an equal opportunity to submit an application for the vacancy.
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.
