Positions outside the Bargaining Unit (a) An employee may substitute temporarily in a position outside the bargaining unit for up to fifteen (15) months from the date of the assignment. Bargaining unit employees shall be given the first opportunity to fill the resulting vacancy. The employee shall have the right to return to her or his bargaining unit position prior to the expiry of the fifteen (15) month period by giving the Employer six (6) weeks’ notice. Where an employee is backfilling outside of the bargaining unit for purposes of pregnancy and/or parental leave, the period of time will be extended up to nineteen (19) months from the date of the assignment. An employee who remains outside of the bargaining unit beyond the period covered by this article shall lose all seniority. When the employee returns to the bargaining unit, all other employee(s) shall revert to their previous positions. An employee must remain in the bargaining unit for a period of at 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 unless the parties agree otherwise.
Transfer and Seniority Outside the Bargaining Unit (a) It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six (6) months. Such employees on temporary assignments shall remain members of the bargaining unit.
Transfer outside of the Bargaining Unit (a) A nurse who is transferred to a position outside of the bargaining unit for a period of not more than three (3) months, or is seconded to teach for an academic year shall not suffer any loss of seniority, service or benefits. A nurse who is transferred to 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 at least three
Transfer and Seniority Outside Bargaining Unit No employee shall be transferred to a position outside the bargaining unit without his consent. If an employee is transferred to a position outside of the bargaining unit, he shall retain his seniority accumulated up to the date of leaving the unit, but will not accumulate any further seniority. If such an employee returns to the bargaining unit within twelve (12) months, he shall be placed in a job consistent with his seniority. Such return shall not result in the layoff or bumping of an employee holding greater seniority.
Collective Bargaining Agreement 9 Company................................................................. 9 Competitor.............................................................. 9 Component............................................................... 9
EXCLUSIONS FROM THE BARGAINING UNIT 1. Any position that is currently included in the bargaining unit may not be excluded from the bargaining unit without the agreement of the parties.
Transfers and Seniority Outside Bargaining Unit No employee shall be transferred to a position outside the bargaining unit without the employee's consent. If an employee is transferred to a position outside of the bargaining unit, the employee shall retain seniority acquired at the date of leaving the unit, but will not accumulate any further seniority. If such an employee later returns to the bargaining unit, the employee shall be placed in a job consistent with the employee's seniority. Such return shall not result in the layoff or bumping of an employee holding greater seniority.
Non-Bargaining Unit Personnel It is understood and agreed that there are times when non-bargaining unit employees may be required to perform work customarily performed by bargaining unit employees. It is also understood that Supervisors and others will be required to work with tools only to meet requirements under the conditions listed below. Therefore, the Company shall have the right to utilize non-bargaining unit employees under one or more of the following conditions:
Definition of the Bargaining Unit 7 The County recognizes Local 88, AFSCME, hereinafter referred to as the 8 "Union", as the sole and exclusive bargaining representative for the purpose of 9 establishing salaries, wages, hours, fringe benefits, and working conditions for all 10 employees in the County classified service as set forth in MCC Chapter 9 except those 11 specifically excluded below. This unit shall be referred to as the "General Employees 12 Unit". County employees who are excluded from the bargaining unit are:
Integrity of the Bargaining Unit Unless otherwise provided by law, the Employer recognizes the integrity of the bargaining unit and will act consistently with the current statutory policy to use State employees to perform all State functions in State operated facilities in preference to contracting out with the private sector. In the event the Employer proposes to use non-bargaining unit individuals to displace continuing bargaining unit positions, it will provide the Union with notice at the earliest opportunity, but normally at least sixty (60) days in advance. Supervisors will not be assigned posts for the purpose of limiting overtime opportunities for bargaining unit employees except when fiscal or operational exigencies necessitate. If a proposed contract with a private vendor to provide services in a State operated facility is not exempt under any of the specific exemptions provided in law, the contract may only be presented to the Board of Public Works for approval if: (1) the contracting agency has provided DBM with an analysis of the cost of the contract that shows that it will save the State at least $200,000 or 20% of the value of the contract, whichever is less; and (2) DBM finds that the economic advantage of the contract is not outweighed by the preference to use State employees to perform all State functions in State operated facilities. At least 60 days before issuing a solicitation for a nonexempt service contract to provide services in a State operated facility a State agency must notify the Union of the nature of the work to be performed, the contracting procedures and timetables, and the rights of State employees as provided by law.
