Vacancies Whenever a vacancy in the Board of Trustees shall occur, the remaining Trustees may fill such vacancy by appointing an individual having the qualifications described in this Article by a written instrument signed by a majority of the Trustees then in office or may leave such vacancy unfilled or may reduce the number of Trustees; provided the aggregate number of Trustees after such reduction shall not be less than the minimum number required by Section 2.1 hereof; provided, further, that if the Shareholders of any class or series of Shares are entitled separately to elect one or more Trustees, a majority of the remaining Trustees or the sole remaining Trustee elected by that class or series may fill any vacancy among the number of Trustees elected by that class or series. Any vacancy created by an increase in Trustees may be filled by the appointment of an individual having the qualifications described in this Article made by a written instrument signed by a majority of the Trustees then in office. No vacancy shall operate to annul this Declaration or to revoke any existing agency created pursuant to the terms of this Declaration. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided herein, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration.
Filling of Vacancies 1. In the event of a vacancy, positions shall be filled on the basis of first: ability and qualifications to perform the duties of the classification and second, where the "first" is equal among two or more applicants, seniority will govern. Employees who are in the same classification who bid for transfer into a vacancy shall be offered the opportunity to interview for such vacancy. 2. All job vacancies shall be posted in each of the unit divisions for ten (10) workdays. A copy of the announcement shall also be provided to up to one xxxxxxx from each college, as designated by the MSEA. Notice of vacancies shall include the full particulars of the positions, including a job description, job location, pay rate, required qualifications and requirements for applying. Any employee wishing to be considered for an applicable vacancy shall file a written, dated application within the posting period. Job posting notices shall indicate the name and title of the person to whom applications should be submitted. Seasonal and part-time employees shall have the right to apply for full-time vacancies and shall be given consideration in accordance with their abilities, qualifications and seniority. Employees promoted under the provisions of Section 1 of this Article will be in a probationary status for a period of three (3) months from the effective date of the promotion. Such probationary period may be extended for just cause for an additional three (3) months. The Trustees will provide the written notice regarding the status of the probationary period (pending unforeseen circumstances) at least two (2) weeks prior to the end of the probationary period. Time off for unpaid leave during probation or extension of probation shall not count toward completion of probation. During such periods the employee may be removed from the position promoted to for failure to fulfill the duties of the position. In such case, he/she shall be returned to his/her former position if the employee so desires. An employee filling positions created by the promotion shall be likewise entitled to return to his/her former position. Employees promoted under the provisions of Section 2 of this Article will be in a probationary status for a period of three (3) months from the effective date of the promotion. Such probationary period may be extended for up to an additional three (3) month period. The Trustees will provide the written notice regarding the status of the probationary period (pending unforeseen circumstances) at least two (2) weeks prior to the end of the probationary period. Time off for unpaid leave during probation or extension of probation shall not count toward completion. An employee shall be entitled to return to his/her former position voluntarily within (30) days of promotion. An employee at any time during the probationary period or any extension thereof failing to attain permanent status in a promotional position shall be entitled to return to his/her former position. Any employee filling a vacancy created by a promotion shall be likewise entitled to return to his/her former position in accordance with the above provisions.