Notification of Vacancies A laid off employee shall be notified by certified mail of an appropriate vacancy, sent to the employee’s address on file in the office of the Executive Director for Human Resources Management. An employee’s failure to respond affirmatively in writing within five calendar days after receipt of the Employer’s letter shall cause loss of recall rights.
Posting of Vacancies Before any vacancy is posted, any displaced teacher with proper certification shall fill said vacancy. Vacancies shall be posted in accordance with the following:
A. Vacancies occurring between the end of the school year and August 5 shall be posted in accordance with the following provisions:
1. The Superintendent will prepare lists of vacancies to be posted and filled. Such posting shall occur within five (5) workdays of the date the vacancy is known.
2. Applications for vacancies shall be submitted to the Superintendent within five (5) workdays of the date which appears on the posting. A copy of all postings will be given to the NEA President. Employees shall be notified of any openings via their work email and posted on the district’s website.
3. Each notice of vacancy shall clearly set forth the title of the position, qualifications for the position, grade level (if known), duties, salary, procedure for application, the deadline for submitting the application, and the person to whom the application is to be submitted. The notice is subject to change as the needs of the school system change, but any change shall result in the reposting of the position(s) unless otherwise mutually agreed upon by the Superintendent and NEA President.
4. All vacancies and assignments are subject to change due to decrease in enrollment, reassignment of students, and/or school closings.
5. The position shall be filled no later than ten (10) workdays after the posting period. This shall apply when the position is being filled by an employee.
B. Existing position(s) that become vacant after the August Board Meeting shall be awarded to the most senior bargaining unit member who is on the recall list, provided he/she possesses the proper certification/licensure, if comparable evaluations. Evaluation ratings shall be the determining factor governing the selection of the recalled employee. They shall remain in the position for the school year, or whatever portion of the year is remaining.
1. Any bargaining unit member on the recall list who possesses the proper certification/licensure for the vacancy and who is offered a position after the start of the school year and declines the position will not lose his/her recall rights.
2. The Board may, absent a properly certified/licensed individual on the recall list, or if there is a properly certified/licensed individual on the recall list who declines the position after the start of the school year, hire a new employee or a substitute to fill the vacancy for the school year, or whatever portion of the year remains.
C. Vacancies that are filled under the provisions of Section 6.032 B of the Agreement shall be posted for the ensuing school year no later than April 15 of each school year unless extenuating circumstances arise in which the posting will be made as soon as practicable. The posting(s) shall adhere to the provisions set forth in Section 6.032 A. 2. through A. 5. of the Agreement.
D. For all newly created positions while schools are in session the following shall apply:
1. The Superintendent will prepare lists of vacancies to be posted and filled in all schools as such vacancies occur. Such posting shall occur within five (5) workdays of the date the vacancy is known.
2. While schools are in session, all vacancies shall be posted in all buildings for a period of five (5) workdays.
3. When schools are in session, applications for vacancies shall be submitted to the Superintendent within five (5) workdays of the date which appears on the posting. Sufficient copies of the postings shall be made available to all NEA building representatives. During the summer months, when schools are not in session, employees shall be notified of any openings via their work email and posted on the District’s website.
4. Each notice of vacancy shall clearly set forth the title of the position, qualifications for the position, grade level (if known), duties, salary, procedure for application, the deadline for submitting the application, and the person to whom the application is to be submitted. The notice is subject to change as the needs of the school system change, but any change shall result in the reposting of the position(s).
5. All vacancies and assignments are subject to change due to decrease in enrollment, reassignment of students, and/or school closings.
6. The position shall be filled no later than ten (10) workdays after the posting period. This shall apply when the position is being filled by an employee.
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.
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.
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.
Posting of Agreement To ensure that the Parties are aware of the terms of the Agreement, and to assist in any resolution of a disputes or the avoidance thereof a copy of this Agreement shall be retained by the Employer at all times for ready access by any Employee on a project site or via access to the Employer’s intranet, and the Employer will provide a permanent copy for each Union Delegate or Employee representative and Health and Safety Representative on a project site.
Designation and Appointment The Board may, from time to time, employ and retain Persons as may be necessary or appropriate for the conduct of the Company’s business (subject to the supervision and control of the Board), including employees, agents and other Persons (any of whom may be a Member or Director) who may be designated as Officers of the Company, with titles including but not limited to “chief executive officer,” “president,” “vice president,” “treasurer,” “secretary,” “general counsel” and “chief financial officer,” as and to the extent authorized by the Board. Any number of offices may be held by the same Person. In the Board’s discretion, the Board may choose not to fill any office for any period as it may deem advisable. Officers need not be residents of the State of Delaware or a Member. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Each Officer shall hold office until his successor shall be duly designated and shall have qualified as an Officer or until his death or until he shall resign or shall have been removed in the manner hereinafter provided. The salaries or other compensation, if any, of the Officers of the Company shall be fixed from time to time by the Board.
Selection and Nomination of Trustees While this Plan is in effect, the selection and nomination of persons to be Trustees of the Fund who are not "interested persons" of the Fund ("Disinterested Trustees") shall be committed to the discretion of the incumbent Disinterested Trustees. Nothing herein shall prevent the incumbent Disinterested Trustees from soliciting the views or the involvement of others in such selection or nomination as long as the final decision on any such selection and nomination is approved by a majority of the incumbent Disinterested Trustees.
Appointments to Fill Vacancies in Trustee’s Office The Company, whenever necessary to avoid or fill a vacancy in the office of Trustee, will appoint, in the manner provided in Section 7.09, a Trustee, so that there shall at all times be a Trustee hereunder.
Appointment to Fill a Vacancy in the Office of Trustee The Issuers, whenever necessary to avoid or fill a vacancy in the office of Trustee, will appoint, in the manner provided in Section 7.08, a Trustee, so that there shall at all times be a Trustee hereunder with respect to each series of Debt Securities.
