Common use of Permanent Vacancies Clause in Contracts

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. The request for transfer should state the reason(s) for the transfer. If the request is not granted the employee will, upon request, be given a written statement indicating the reason(s) for not implementing the transfer. No transfer shall take place until the replacement employee is adequately trained. f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.

Permanent Vacancies. a) The Employer will post notice a. A permanent new job for the purpose 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 this Article shall be posted one that has been in existence for a period of five thirty (530) working daysconsecutive days unless otherwise mutually agreed to by the Company and the Union. A vacancy exists when there There are more positions than employees two (2) types of permanent new jobs: 1. jobs created by the establishment of a new work center, and 2. jobs or vacancies that develop 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 periodpreviously staffed work centers. b) b. The position shall be employee awarded within fifteen (15) working days from the end of the posting period. The any vacancy shall be filled based on removed from 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 vacancy bidding system for a posted vacancy, upon request, shall be informed in writing period 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) monthsmonths beginning when the employee is awarded the bid. During this time period the employee will only be considered for higher pay rate classi- fications, new work centers, or newly established classifications at any work center. c. The Company reserves the right to determine appropriate work center staffing but agrees that all vacancies shall be filled in accordance with this Article and any other applicable Articles of this Agreement. Minimum staffing shall be established in Articles 21 and 22. d. It is further understood and agreed that in filling all vacancies created as a result of, but not limited to, promotion, termination, resignation, retirement, death or bidding other work centers, the Company will immediately fill vacant positions and subsequent positions resulting from such vacancies in accordance with the methods prescribed within this Agreement. However, if the Company may elect not to fill openings provided they have noti- fied the Union prior to the Company receiving information of a vacancy arises occurring or about to occur stating that there exists an overstaffed condition at a specific work center as a result of doc- umented loss of work and the Company has specified the exact shift and number of overstaffed employees at the work center in question. In addition, the Company may delay the filling of any vacancy as a higher paying positionresult of termination if the terminated employee has filed a grievance, until the completion of the grievance pro- cedure, however, the Company may utilize means of covering the vacancy within this Agreement (not including subcontract- ing) as necessary for a period of sixty (60) days after which the Company must utilize the provisions of Articles 13, 14, or 15 until the completion of the grievance procedure. e. If an employee may apply after thirty (30the “incumbent”) days is or is anticipated to be on a disability leave of absence for a period greater than three (3) months, then the Company may, if it chooses, per- manently fill the incumbent’s position at a gateway as out- lined in this paragraph. 1. The Company shall post and award the position pursuant to Section 3.c.1.,3.,4. and 5. of this Article. The posted bid will designate the position as a “contingent permanent” position. Sub-sections c and d do not apply The position will be awarded to the Transportation unit most senior eligible bidder (driversthe “bidder”). e) Employees may submit a request to the Director of Operations and/or Chief Financial Officer for a transfer within their classification. The request for transfer should state bidder thereafter shall not be allowed to bid to any other position at any gateway until the reason(s) for the transferincumbent employee either returns from leave, is awarded another position at a different work center, or has his seniority broken pursuant to Article 3. If the request incumbent’s seniority is not granted broken or he is awarded another position at a different work center, the bidder then shall be considered to hold the position on a regular perma- nent basis and may exercise his seniority for all purposes. If the incumbent returns from leave, and if as a result the Company decides to displace an employee from the work center, the employee willselected for displacement shall be the employee most junior to the bidder who was hired into the work center after the bidder began the contin- gent permanent position or, upon requestif no such employee exists, the bidder. The displaced employee’s rights shall be given a written statement indicating those provided in Article 24, Section 1.g. 2., 3. and 5., except that he may not displace any employee from the reason(s) for not implementing work center where the transfer. No transfer shall take place until the replacement employee is adequately trainedcontingent permanent position was held. f) The employer shall provide on 2. If no eligible employee bids the job training contingent permanent position, and if the Company chooses to any employee seeking fill the position via a new hire, then prior to upgrade their skills in their current job classification. Upon receipt of appropriate written requestsacceptance, the training new hire will be completed within informed the position is a yearcontingent permanent posi- tion. The time new hire will have the same restrictions and location of the assignment shall be at the discretion of the employerrights as provided in paragraph 1 above.

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 '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. The request for transfer should state the reason(s) for the transfer. If the request is not granted the employee will, upon request, be given a written statement indicating the reason(s) for not implementing the transfer. No transfer shall take place until the replacement employee is adequately trained. f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.

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 Director of Business for a transfer within their classification. The request for transfer should state the reason(s) for the transfer. If the request is not granted the employee will, upon request, be given a written statement indicating the reason(s) for not implementing the transfer. No transfer shall take place until the replacement employee is adequately trained. f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.

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 Director of Business for a transfer within their classification. The request for transfer should state the reason(s) for the transfer. If the request is not granted the employee will, upon request, be given a written statement indicating the reason(s) for not implementing the transfer. No transfer shall take place until the replacement employee is adequately trained. f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.

Permanent Vacancies. a) The Employer A. A seniority list shall be established listing all employees covered by this Agreement with the employee with the greatest seniority listed first. Seniority shall be based on the employees most recent date of hire. However, seniority credit will post notice of a vacancy be given for broken service in a bargaining unit job within ten (10) working days from position as long as time served outside the date bargaining unit is with the Department. Time out of the vacancy (providing bargaining unit shall not accrue for the position is going purpose of seniority. B. Where qualification and abilities are substantially equal, seniority shall prevail in matters pertaining to be filled) setting forth the positionpromotion, locationtransfer, and work shift, reduction in force, recall 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 periodvacation preferences, 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 qualified and certified, provided certification is a job requirement, in-house applicants will be given the first opportunity to fill permanent vacancies. The selection process shall be grievable by an employee however, in the case of non-selection, an employee must show that the selection process was violated or that the selection was made in an arbitrary or capricious manner. Qualifications and abilities shall be measured relative to 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 under consideration. All employees promoted 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 position shall serve a probationary period of sixty (3060) 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. The request for transfer should state the reason(s) for the transfercalendar days. If the request employee does not successfully complete probationary period, s/he shall be returned to his/her former position. C. If a regular employee is not granted absent from work and the City determines their position should be filled on a temporary basis, regular bargaining unit employees will be given the first opportunity to temporarily fill the position, if in the judgment of the City, the employee willis qualified to perform the work and/or operate the equipment associated with the temporary vacancy. If there are no volunteers (selected on a seniority basis) assignments to temporary vacancies that do not require training, upon request(i.e. rubbish truck, laboring) will be given made in inverse order of seniority within divisions. A temporary vacancy will be filled by personnel within their division first The Bureau Director shall then determine that if an employee who does volunteer for any position on a written statement indicating temporary basis, other than his/her own division, that his/her absence from his/her regular position will not interfere with the reason(s) for not implementing work flow requirements as determined by the transfer. No transfer shall take place until City, then the replacement employee is adequately trainedeligible at that time for the temporary assignment. f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.

Permanent Vacancies. Section 1. Each permanent job vacancy and each permanent new job which falls within the scope of the Union’s certification shall be filled as follows: (a) The Employer will post notice Notice of a vacancy in a bargaining unit such 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 in the plant for two (2) days. Such job postings shall include the job classification, department, and the shift on which the new job or vacancy exists. Any employee who wishes to bid for such jobs shall sign the posting. Job postings shall be placed in three locations throughout the plant for official signing in the presence of a period member of management, who will initial the posting. Two postings will be provided in the supervisory offices assigned in the plant; a third posting will be placed in the Human Resources office for signing. At all posting locations, job descriptions for all jobs will be available for review. At the end of the two (2) days, the Company shall remove the posting. (b) Where skill and ability are relatively equal, seniority shall prevail, providing the employee is physically able to perform the work without endangering his or her health or safety. The most senior qualified employee will be awarded the job and be notified by the Human Resources office within 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 days after removal 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 periodposting. The Employer may fill a posted Company will transfer the employee awarded the vacancy hereunder to the new job on a temporary basis during the posting period. b) The position shall be awarded within fifteen (15) calendar days, provided the release of the employee does not interfere with the efficient operations of the department. Multiple postings will be awarded from the highest pay grade posting to the lowest pay grade posting. (c) An employee awarded the vacancy hereunder shall be given up to sixteen (16) working days from the end of the posting period. The vacancy shall be filled based on the equally weighted components of skill, in which to demonstrate his or her ability to acquire the necessary knowledge to perform the jobwork involved. In some circumstances, prior extensions may be required, not to exceed sixteen (16) additional workdays. During the qualifying period, employees are unable to bid. During this period, the Company may remove the employee from the job performance and seniority. Employees who have applied for a posted vacancy, upon request, shall be informed in writing of if the reason(s) for not being selected. A copy of the notification will be placed in Company considers the employee’s filework to be unsatisfactory. The Employer shall employee may then bid on any other vacancy. An employee disqualified from a job will be unable to bid that job for a period of three (3) months. Section 2. The Union and the Company may, by mutual agreement, provide rules whereby disabled employees may be assigned to jobs which they are able to satisfactorily perform without regard to this Article. When the Union President with a copy and the Company agree to placement of the postingan employee hereunder, the names of the applicants and conditions pertaining 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 that placement shall be ineligible reduced 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 writing and d do not apply to signed by the Transportation unit (drivers)parties. e) Employees may submit a request to the Director of Operations and/or Chief Financial Officer for a transfer within their classification. The request for transfer should state the reason(s) for the transfer. If the request is not granted the employee will, upon request, be given a written statement indicating the reason(s) for not implementing the transfer. No transfer shall take place until the replacement employee is adequately trained. f) The employer shall provide on the job training to any employee seeking to upgrade their skills in their current job classification. Upon receipt of appropriate written requests, the training will be completed within a year. The time and location of the assignment shall be at the discretion of the employer.