Common use of Preference to Employees Clause in Contracts

Preference to Employees. The College reserves its right to determine whether a position that has been vacated (whether through termination, retirement, extended leave, layoff, or otherwise) shall be filled. If the College decides, in its sole discretion, to fill such position, either on a temporary or permanent basis, the College shall post such position within thirty days of such decision. Qualified employees who have completed their probationary period will be given preference by the College over applicants for employment when jobs within the bargaining unit are available. Neither a probationary employee nor an employee on medical leave who is unable to resume active employment within twenty-one (21) days of being awarded the job will be given such preference and neither may apply for any other job under Section 19.2. The College will give preference over external candidates to a qualified employee who has not been working in his/her current job for a continuous period of at least six (6) months in the following circumstances: (a) when the employee is applying for a position which has a higher straight-time hourly rate than his/her current position; (b) when the employee is applying to transfer from an academic year position to a full-year position; (c) when the employee is applying for a job in another department; (d) when the employee is applying to transfer from a temporary position to a regular position; or (e) when the employee has not worked for six continuous months in his/her current job because he/she has served in a temporary position and may apply under Section 19.2 only for such a job. An employee so selected for a job shall be on a trial basis for the first one hundred and twenty (120) days in his/her new job if it is in a different department; ninety (90) days if his/her new job is in the same department; or thirty (30) days if his/her new job is in the same job classification. If during such trial period the employee is not satisfactory to the College, he/she will be returned to his/her former job or to his/her former job classification, as the case may be, displacing any employee who may have replaced him/her on the job, unless the College decides not to fill his/her former job. If an employee who has thus been transferred to a job in another job classification elects during the first fifteen (15) days in his/her new job to return to his/her former job, he/she will be returned to his/her former job, displacing any employee who may have replaced him/her in such job, unless the College decides not to fill his/her former job. In the event that an employee cannot return to his/her former job or job classification, as the case may be, because the College has decided not to fill his/her former job, the College will offer the employee another job in the same or another job classification, if a vacancy for which he/she is qualified exists. If a suitable vacancy does not exist (to be determined jointly by the College and the Union), the employee will be laid off. The College will make an evaluation of the employee after thirty (30) days of such ninety (90) day trial period. A determination by the College that an employee on a trial period is not satisfactory to the College under this Section is subject to the grievance procedure and arbitration under this Agreement. If an employee who has been transferred to a job in another job classification elects during the first fifteen (15) days in his/her new job to return to his/her former job (and does return to his/her former job) as provided in this Section, he/she will not, for a period of three (3) months thereafter, be given preference by the College over applicants for employment for any job and may not apply under Section 19.2 for any job, provided that the foregoing three (3) months disqualification shall not apply to an opening in any Trades Helper job.

Preference to Employees. The College reserves its right to determine whether a position that has been vacated (whether through termination, retirement, extended leave, layoff, or otherwise) shall be filled. If the College decides, in its sole discretion, to fill such position, either on a temporary or permanent basis, the College shall post such position within thirty days of such decision. Qualified employees who have completed their probationary period will be given preference by the College over applicants for employment when jobs within the bargaining unit are available. Neither a probationary employee nor an employee on medical leave who is unable to resume active employment within twenty-one (21) days of being awarded the job will be given such preference and neither may apply for any other job under Section 19.218.2. The College will give preference over external candidates to a A qualified employee who has not been working in his/her his current job for a continuous period of at least six (6) months in will be given preference by the following circumstances: (a) when the employee is applying College over applicants for employment only for a position job in another department or for another job in his own department which has a higher straight-time hourly rate than his/her current position; (b) when the employee is applying to transfer from an academic year position to a full-year position; (c) when the employee is applying for a job in another department; (d) when the employee is applying to transfer from a temporary position to a regular position; or (e) when the employee has not worked for six continuous months in his/her current job because he/she has served in a temporary position and may apply under Section 19.2 18.2 only for such a job. An employee so selected for a job shall be on a trial basis for the first one hundred and twenty (120) days in his/her new job if it is in a different department; ninety (90) days if his/her in his new job is in the same department; or (thirty (30) days days, if his/her his new job is in the same job classification). If during such trial period the employee is not satisfactory to the College, he/she he will be returned to his/her his former job or to his/her his former job classification, as the case may be, displacing any employee who may have replaced him/her him on the job, unless the College decides not to fill his/her his former job. If an employee who has thus been transferred to a job in another job classification elects during the first fifteen (15) days in his/her his new job to return to his/her his former job, he/she he will be returned to his/her his former job, displacing any employee who may have replaced him/her him in such job, unless the College decides not to fill his/her his former job. In the event that an employee cannot return to his/her his former job or job classification, as the case may be, because the College has decided not to fill his/her his former job, the College will offer the employee another job in the same or another job classification, if a vacancy for which he/she he is qualified exists. If a suitable vacancy does not exist (to be determined jointly by the College and the Union), the employee will be laid off. The College will make an evaluation of the employee after thirty (30) days of such ninety (90) day trial period. A determination by the College that an employee on a trial period is not satisfactory to the College under this Section is subject to the grievance procedure and arbitration under this Agreement. If an employee who has been transferred to a job in another job classification elects during the first fifteen (15) days in his/her his new job to return to his/her his former job (and does return to his/her his former job) as provided in this Section, he/she he will not, for a period of three (3) months thereafter, be given preference by the College over applicants for employment for any job and may not apply under Section 19.2 18.2 for any job, provided that the foregoing three (3) months disqualification shall not apply to an opening in any Trades Helper job.

Preference to Employees. The College reserves its right to determine whether a position that has been vacated (whether through termination, retirement, extended leave, layoff, or otherwise) shall be filled. If the College decides, in its sole discretiondiscre- tion, to fill such position, either on a temporary or permanent basis, the College shall post such position within thirty days of such decision. Qualified employees who have completed their probationary period will be given preference by the College over applicants ap- plicants for employment when jobs within the bargaining unit are available. Neither a probationary employee nor an employee on medical leave who is unable to resume active employment within twenty-one (21) days of being awarded the job will be given such preference and neither may apply for any other job under Section 19.218.2. The College will give preference over external candidates to a qualified A quali- fied employee who has not been working in his/her his current job for a continuous period of at least six (6) months in will be given preference by the following circumstances: (a) when the employee is applying College over applicants for em- ployment only for a position job in another department or for another job in his own department which has a higher straight-time hourly rate than his/her current position; (b) when the employee is applying to transfer from an academic year position to a full-year position; (c) when the employee is applying for a job in another department; (d) when the employee is applying to transfer from a temporary position to a regular position; or (e) when the employee has not worked for six continuous months in his/her current job because he/she has served in a temporary position and may apply under Section 19.2 18.2 only for such a job. An employee so selected for a job shall be on a trial basis for the first one hundred and twenty (120) days in his/her new job if it is in a different department; ninety (90) days if his/her in his new job is in the same department; or (thirty (30) days days, if his/her his new job is in the same job classificationclas- sification). If during such trial period the employee is not satisfactory to the College, he/she he will be returned to his/her his former job or to his/her his former job classification, as the case may be, displacing any employee who may have replaced him/her him on the job, unless the College decides not to fill his/her his former job. If an employee who has thus been transferred to a job in another job classification elects during the first fifteen (15) days in his/her his new job to return to his/her his former job, he/she he will be returned to his/her his former job, displacing any employee who may have replaced him/her him in such job, unless the College decides not to fill his/her former his for- mer job. In the event that an employee cannot return to his/her his former job or job classificationclassifica- tion, as the case may be, because the College has decided not to fill his/her his former job, the College will offer the employee another job in the same or another job classification, if a vacancy for which he/she he is qualified exists. If a suitable vacancy does not exist (to be determined jointly by the College and the Union), the employee will be laid off. The College will make an evaluation of the employee after thirty (30) days of such ninety (90) day trial period. A determination by the College that an employee on a trial period is not satisfactory to the College under this Section is subject to the grievance procedure proce- dure and arbitration under this Agreement. If an employee who has been transferred to a job in another job classification elects during the first fifteen (15) days in his/her his new job to return to his/her his former job (and does return to his/her his former job) as provided in this SectionSec- tion, he/she he will not, for a period of three (3) months thereafter, be given preference by the College over applicants for employment for any job and may not apply under Section 19.2 for any job, provided that the foregoing three (3) months disqualification shall not apply to an opening in any Trades Helper job.Section

Preference to Employees. The College reserves its right to determine whether a position that has been vacated (whether through termination, retirement, extended leave, layoff, or otherwise) shall be filled. If the College decides, in its sole discretion, to fill such position, either on a temporary or permanent basis, the College shall post such position within thirty days of such decision. Qualified employees who have completed their probationary period will be given preference by the College over applicants for employment when jobs within the bargaining unit are available. Neither a probationary employee nor an employee on medical leave who is unable to resume active employment within twenty-one (21) days of being awarded the job will be given such preference and neither may apply for any other job under Section 19.2. The College will give preference over external candidates to a qualified employee who has not been working in his/her their current job for a continuous period of at least six (6) months in the following circumstances: (a) when the employee is applying for a position which has a higher straight-time hourly rate than his/her their current position; (b) when the employee is applying to transfer from an academic year position to a full-year position; (c) when the employee is applying for a job in another department; (d) when the employee is applying to transfer from a temporary position to a regular position; or (e) when the employee has not worked for six continuous months in his/her their current job because he/she has they have served in a temporary position and may apply under Section 19.2 only for such a job. An employee so selected for a job shall be on a trial basis for the first one hundred and twenty (120) days in his/her their new job if it is in a different department; ninety (90) days if his/her their new job is in the same department; or thirty (30) days if his/her their new job is in the same job classification. If during such trial period the employee is not satisfactory to the College, he/she they will be returned to his/her their former job or to his/her their former job classification, as the case may be, displacing any employee who may have replaced him/her them on the job, unless the College decides not to fill his/her their former job. If an employee who has thus been transferred to a job in another job classification elects during the first fifteen (15) days one complete workweek in his/her their new job to return to his/her their former job, he/she they will be returned to his/her their former job, displacing any employee who may have replaced him/her them in such job, unless the College decides not to fill his/her their former job. In the event that an employee cannot return to his/her their former job or job classification, as the case may be, because the College has decided not to fill his/her their former job, the College will offer the employee another job in the same or another job classification, if a vacancy for which he/she is they are qualified exists. If a suitable vacancy does not exist (to be determined jointly by the College and the Union), the employee will be laid off. The College will make an evaluation of the employee after thirty (30) days of such ninety (90) day trial period. A determination by the College that an employee on a trial period is not satisfactory to the College under this Section is subject to the grievance procedure and arbitration under this Agreement. If an employee who has been transferred to a job in another job classification elects during the first fifteen (15) days in his/her new job to return to his/her former job (and does return to his/her former job) as provided in this Section, he/she will not, for a period of three (3) months thereafter, be given preference by the College over applicants for employment for any job and may not apply under Section 19.2 for any job, provided that the foregoing three (3) months disqualification shall not apply to an opening in any Trades Helper job.