Common use of Positions outside the Bargaining Unit Clause in Contracts

Positions outside the Bargaining Unit. (a) A nurse, who has been requested to substitute temporarily in a classification that is excluded from the bargaining unit, may refuse to do so. Bargaining unit nurses shall be given first [1st] opportunity to fill the resulting vacancies in the unit prior to any nurses being hired. (b) A nurse who accepts a position outside of the bargaining unit for a period of not more than three (3) months shall not suffer any less of seniority, service or benefits. A nurse who accepts a position outside of the bargaining unit for a period of more than three (3) months, but not more than one (1) year shall retain, but not accumulate, her or his seniority held at the time of the transfer. In the event the nurse is returned to a position in the bargaining unit, she or he shall be credited with seniority held at the time of transfer and resume accumulation from the date of her or his return to the bargaining unit. A nurse must remain in the bargaining unit for a period of least three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer. In the event that a nurse accepts a position outside of the bargaining unit for a period in excess of one (1) year, she or he will lose all seniority held at the time of transfer. In the event the nurse is returned to a position in the bargaining unit, the nurse’s seniority will accrue from the date of her or his return to the bargaining unit.