Permanent Vacancies Clause Samples
The 'Permanent Vacancies' clause defines how a position or role is treated when it becomes permanently unfilled within an organization or under a contract. Typically, this clause outlines the criteria for determining when a vacancy is considered permanent, such as after a specified period of unfilled status or after unsuccessful attempts to fill the role. It may also describe the steps to be taken, such as reassigning duties, initiating a new recruitment process, or adjusting contractual obligations. The core function of this clause is to provide a clear process for managing ongoing vacancies, ensuring operational continuity and minimizing disruption caused by unfilled positions.
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Permanent Vacancies. When a permanent job or vacancy occurs in a position previously held by a bargaining unit member, or a newly created position within the bargaining unit, notice of the job or vacancy shall be posted on the bulletin board in each building in which bargaining unit personnel work for ten (10) working days, and a copy mailed to the local Association ▇▇▇▇▇▇▇. For purposes of this section, the addition of more regularly scheduled hours to an existing part-time position will be considered to be a vacancy if the additional hours cause the part-time position to become a full-time position. A copy of the vacancy notice shall also be sent to each bargaining unit member who is laid off. A permanent job or vacancy does not include vacancies caused by leaves of absence. The Employer, in its sole discretion, shall determine if a vacancy exists which is to be filled under this Section. Employees interested in the job posting may file a written application with the Employer by the deadline established in the posting. The Employer shall give due consideration to all applicants for the permanent vacancy, including applicants from outside the bargaining unit. In considering an applicant's qualifications to perform the required work, the Employer shall consider the employee's ability, experience, training, productivity, seniority, work performance, work record and dependability. The applicant considered by the Employer in its sole discretion to be the best qualified shall be awarded the permanent vacancy; provided, however, that if the Employer determines that the qualifications of the applicants who meet the qualifications for the job or vacancy are equal, the applicant with the greatest seniority shall be awarded the position. The Employer reserves the right to determine that none of the applicants are qualified and leave the position open or to seek further applicants.
Permanent Vacancies a) The Employer will post notice of a vacancy in a bargaining unit job within ten (10) working days from the date of the vacancy (providing the position is going to be filled) setting forth the position, location, and shift, and it shall be posted for a period of five (5) working days. A vacancy exists when there are more positions than employees in the bargaining unit. Any interested employee may apply in writing. After the end of the posting period, an employee may not apply, regardless of his/her reason for failure to apply during the posting period, and also regardless of his/her seniority standing relative to those who did bid during the posting period. The Employer may fill a posted job on a temporary basis during the posting period.
b) The position shall be awarded within fifteen (15) working days from the end of the posting period. The vacancy shall be filled based on the equally weighted components of skill, ability to acquire the necessary knowledge to perform the job, prior job performance and seniority. Employees who have applied for a posted vacancy, upon request, shall be informed in writing of the reason(s) for not being selected. A copy of the notification will be placed in the employee’s file. The Employer shall provide the Union President with a copy of the posting, the names of the applicants and to whom the position was awarded.
c) During the first ten (10) days on his/her new job, the employer will provide assignment specific training to the employee. During the first forty-five (45) working days on his/her new job, a successful applicant may elect to return to his/her former job, or the Employer may elect to retransfer the applicant to his/her former job at the former pay rate and benefit level in the event he/she fails to demonstrate his/her ability to do the required work with written notice of documented reasons with a copy to the President. This shall not be subject to the grievance procedure. If the job is so vacated, the Employer may select another applicant from the earlier posting.
d) After an employee's successful application, he/she shall be ineligible to apply for another posted job for six (6) months. However, if a vacancy arises in a higher paying position, an employee may apply after thirty (30) days in position. Sub-sections c and d do not apply to the Transportation unit (drivers).
e) Employees may submit a request to the Director of Operations and/or Chief Financial Officer for a transfer within their classification. ...
Permanent Vacancies. (1) Where a permanent vacancy exists, or where a temporary appointment is expected to be more than (12) months in duration, the College shall establish a Selection Advisory Committee in accordance with this article. This includes vacancies previously filled on a temporary basis, whether or not a Selection Advisory Committee participated in the filling of such a vacancy.
(2) Realignment of duties does not create a vacancy. This includes situations where administrative positions are reclassified.
(3) The College cannot assign an employee to a vacant administrative position where this position is identified by a wholly new or substantively different job description, without filling the vacancy in accordance with these procedures.
(4) Any dispute arising under this section shall be referred to the LMRC. Where the LMRC cannot resolve this issue, the matter will be referred to the College President for final resolution. The President will provide written reasons to the LMRC for his/her decision.
Permanent Vacancies. In case a block has been bid and then permanently vacated, for example by death, retirement, termination, etc., the senior qualified employee from the pool who did not originally have the right to bid shall fill that vacancy for the remainder of the bid period if he so desires, provided, in the event no full-time employee in the pool accepts such assignment, the Employer reserves the right to assign the junior full-time employee to the vacancy. In the event there is no pool, the vacancies will be posted in accordance with Article 5.02(c).
Permanent Vacancies. Notice of a vacancy or new job, including the salary range, a summary of the job description, the required qualifications, the hours of work, including start and stop times and days off, the work area, and the commencement date, before being filled, will be posted for a minimum of fourteen (14) calendar days, in a manner which gives all employees access to such information.
Permanent Vacancies. (a) Permanent vacancies shall be defined as a vacancy within one of the full- time classifications identified in “Appendix C” hereto and which will be in existence for more than thirty (30) continuous working days and shall exclude any vacancy:
(i) where there is less than forty (40) hours of available work to be performed; or
(ii) which is caused by the temporary absence of an employee by reason of illness, disability or approved leave of absence. For the purpose of this clause specifically, the term “temporary” shall be defined as a period of no more than three (3) continuous months.
(b) All permanent vacancies shall be posted unless there is an employee who possesses recall rights to the position as provided for in this agreement. All job postings shall designate the shift (days, afternoons or nights), the area, the days of the week and the starting and quitting times.
(c) Permanent vacancies within a particular distribution centre shall first be posted within that facility. Once all the postings within the distribution centre have been filled and a vacancy still exits, this vacancy shall be posted in all other distribution centres covered by the UFCW Local 1000A. In the event that such a posting is not filled with a current full time employee and the Employer decides to add to the overall full time compliment of staff then this opening shall be offered to all part time distribution employees covered by the UFCW Local 1000A in accordance with Article A.08(d). An employee who is transferred to another distribution centre under the portability provisions shall be eligible to exercise their seniority after a period of thirty (30) calendar days following such transfer. All vacancies shall be filled first by full time employees, then by part time employees based on the provisions of Article A.08(d) of the part time appendix of this agreement.
(d) Selection to such vacancy shall be on the basis of bargaining unit seniority provided that the employee who is applying for the vacancy possesses the qualifications and ability necessary to perform the work in question.
(e) If a successful applicant is unable to perform the normal requirements of the position he shall be returned to his former position at his former rate of pay.
(f) If there is no successful applicant for a permanent vacancy, the Company shall have the right fill the vacancy either by assigning the vacancy to any employee within the bargaining unit or by filling the vacancy from outside the bargaini...
Permanent Vacancies. Premium Classifications (Maintenance Controller, Inspector, Lead Mechanic and Maintenance Training Instructor)
1. When a permanent vacancy in a premium classification (Maintenance Controller, Inspector, Lead Mechanic, and Maintenance Training Instructor) is posted at a Maintenance Base, the Department leadership, or his designee, will pull the Preference Bid Sheets (PBS’s) which indicate the Employees’ choices for shift and days off. The most senior Employee in the classification at the Maintenance Base who selected the shift and days off of the vacant position will be awarded the position. The most senior Employee’s position that was vacated will then be awarded to the most senior Employee with a PBS on file for that shift and days off. The Bid process will then stop, and the next opening will be filled by the following preferential order: a recall under Article 9, transfer in, temporary assignment, or by new hire.
2. Each Employee must complete his shift/days off PBS and provide a copy to his Supervisor or Manager. An Employee may designate up to three (3) choices of shift(s)/days off on their PBS. The PBS’s must be signed and dated by both the Employee and the Supervisor or Manager. An Employee may change and resubmit his PBS at any time prior to a vacancy being posted. (Example: If a vacancy is posted on Tuesday, the cut-off date for submitting a PBS would be the previous day which would be Monday.) As a part of the process of awarding the vacancy, all three (3) choices contained on the most senior Employee’s PBS must not match the vacancy to move to the next Employee. Once the vacancy has been filled, Employees may submit a new PBS. The only valid PBS is the most recent signed and dated PBS on file.
3. If after the process described above in paragraph C.1. and C.2. has been completed and any vacancy has not been filled, and the Company wishes to fill the vacancy, notice of such vacancy shall be posted digitally at all Maintenance Bases for a period of seven (7) calendar days. Such posting will specify the classification, minimum qualifications, Maintenance Base, shift, hours of service, shop, (“shop” is defined as the area of primary job duties) days off and the closing date. An Employee desiring to be considered for the job shall submit a bid during the seven (7) day period. Bids shall be submitted to the Talent Management Department on a standard Company form and must be dated and postmarked or received prior to the closing date of the posted vacanc...
Permanent Vacancies. A permanent vacancy to be posted occurs when:
Permanent Vacancies. (a) Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Employer, (unless notified in writing by the Employer of its intent not to fill, or to postpone the filling, of such vacancy) such vacancy shall be posted for a period of seven (7) consecutive calendar days, excluding ‘recognized holidays’. Employees in the bargaining unit may make written application for such vacancy within the seven (7) day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for five (5) consecutive calendar days. Job vacancies shall be posted on the designated bulletin board.
(b) Employees shall be selected for job postings on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal amongst the employees considered, seniority shall govern, providing the senior applicant meets the minimum requirements of the position and can perform the work within an appropriate familiarization period. In the event no qualified applicant is found within the bargaining unit the Employer may recruit ‘external’ to the bargaining unit.
Permanent Vacancies. When a permanent vacancy that the Board does not eliminate occurs during the school year, it shall be posted for three (3) working days on the Bulletin Board in the Maintenance-Transportation building. The most senior employee that signs the posting shall be granted the vacancy. A trial period of two (2) workdays shall be granted at the option of the employee. In the event an employee opts to return to his/her prior assignment during the trial period, the employee shall be prohibited from signing any permanent vacancy posting for ninety (90) calendar days.