SENIORITY, LAYOFFS, AND VACANCIES. SENIORITY DEFINED
SENIORITY, LAYOFFS, AND VACANCIES
SENIORITY, LAYOFFS, AND VACANCIES Sample Clauses
Related to SENIORITY, LAYOFFS, AND VACANCIES
JOB VACANCIES Determinations with respect to the filling of job vacancies and training positions shall be made by a three-member selection panel. The selection panel will be comprised of the facilities supervisor or assistant supervisor in the appropriate area, Assistant Vice President for the specific campus, and a University Administrator designated by the union. Through review of the candidates written credentials, and an oral interview in which all individuals will be asked the same series of questions, the panel will assess the candidates’ qualifications for the posted vacancy. A Union representative shall be designated to observe the oral interview process. Testing will be administered for those vacancies in the level three, four, five, and six classifications. The University will recognize federal, state, and county certifications in lieu of University administered written testing. In the event that a written test is warranted, such tests will be comprised of questions submitted jointly by the University and the Union. During the panel assessment of qualifications, the selection panel will abide by specified guidelines, which will limit consideration to written work and attendance records, documentation of qualifications submitted by the candidate, which will include any and all training received for the position, answers provided during the oral interview, and the results of any written testing, if administered. For vacancies at the level two classification, the panel assessment of qualifications will determine the candidate selected for the position. For all classifications, in the event that the panel determines that two candidates are equally qualified for the vacancy, the most senior employee will be selected. Determinations made by the panel are not subject to Section 6 Grievances but are subject to the following appeal process: Step 1 Hiring supervisor notifies non-selected candidate(s) within 3 working days of vacancy selection and sends an email to Union Chief Xxxxxxx indicating the date of notification to the non-selected candidate(s). Step 2 Within 3 working days of vacancy selection notification, the non-selected candidate(s) may request written documentation for non-selection from the Assistant Vice President for the specific campus. The Assistant Vice President shall respond within three (3) working days and provide copy to Union Chief Xxxxxxx Step 3 If the non-selected candidate(s) are not satisfied with written notification a meeting may be requested with the Assistant Vice President within 3 working days of receiving written documentation. The non-selected candidate(s) may bring one (1) union representative to the meeting. Step 4 If the non-selected candidate(s) are not satisfied with the written notification and the meeting with Assistant Vice President, a meeting may be requested with the selection panel. This meeting must be requested within 3 working days after the meeting with the Assistant Vice President. The Assistant Vice-President will respond with a final binding written decision within 3 working days of the panel meeting and copy the Chief Xxxxxxx.
SENIORITY, LAYOFF AND RECALL A. Upon the offer of a position as a non-probationary bargaining unit member, as set forth in Article 7 [B], and the acceptance of the offer, the employee shall be entered on the seniority list, with seniority retroactive to the first day of employment as a probationary employee. There shall be no seniority among probationary employees. B. Seniority shall be defined as the length of continuous service within a classification within the bargaining unit. Bargaining unit members, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit members simultaneously assigned to more than one (1) classification will accrue seniority in both classifications. Ties on the seniority list shall be broken by the first three digits of the bargaining unit member’s social security number with the bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and shall not be considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for three (3) or more consecutive days without approval, or fails to return from recall in a timely fashion. C. Classifications for purposes of this Agreement shall mean the following: Classification I: Special Education Paraeducators: providing instructional support, behavior management, daily living needs and/or community based support services. Classification II: Overload Paraeducators: providing classroom overload support services. Classification III: Title I Paraeducator D. It is specifically recognized that it is within the sole discretion of the Board to reduce its staff. Layoff shall be defined as a reduction in the number of bargaining unit members or a reduction in the bargaining unit member’s hours. In the event it becomes necessary to lay off, the following procedures will be implemented: 1. Temporary and probationary employees within the affected classification will be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work for the positions scheduled to be retained. 2. In the event it is necessary to lay off bargaining unit members with seniority, the bargaining unit member[s] in the position being eliminated shall be laid off on the basis of seniority, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work of that position. Bargaining unit members affected by a layoff shall have the right to displace the least senior bargaining unit member in that classification, if they are qualified and can perform the duties of that position. E. Attempts will be made by the Employer to keep bargaining unit members likely to be affected by layoff informally updated. Bargaining unit members scheduled to be laid off shall be given at least fifteen [15] working days written notice prior to the effective date of the layoff. Upon request, the Employer will meet with the Association President to view the layoff list prior to its implementation. F. Bargaining unit members currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit members are recalled. However, bargaining unit members on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members will be recalled to positions within the classification from which the bargaining unit member was laid off in the inverse order of layoff, provided the bargaining unit member is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit member’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. A copy of recall notices will be sent to the Association President. Bargaining unit members will have five (5) calendar days to return to work, except under extenuating circumstances authorized by the Superintendent. The refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for which she/he is qualified shall forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of the bargaining unit member’s layoff. Thereafter, a bargaining unit member shall lose his/her rights to recall. G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit member be qualified and able to perform the work of a position includes the requirement of the work of instructional support, living assistance, community-based support and/or behavior management support, as may be required in the particular position in question.
PROMOTIONS AND VACANCIES 3.1 The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification that is being filled. Only those candidates who have the position-specific skills and abilities required to perform the duties of the vacant position will be referred for further consideration by the employing agency. 3.2 An agency’s internal layoff list will consist of employees who have elected to place their name on the layoff list through Article 35, Layoff and Recall, of this Agreement and are confined to each individual agency. 3.3 The statewide layoff list will consist of employees who have elected to place their name on the statewide layoff list in accordance with WAC 000-00-000. 3.4 A promotional candidate is defined as an employee who has completed the probationary period within a permanent appointment and has attained permanent status within the agency. 3.5 A transfer candidate is defined as an employee in permanent status in the same classification as the vacancy within the agency. 3.6 A voluntary demotion candidate is defined as an employee in permanent status moving to a class in a lower salary range maximum within the agency. 3.7 When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner: A. The most senior candidate on the agency’s internal layoff list with the required skills and abilities who has indicated an appropriate geographic availability will be appointed to the position. B. If there are no names on the internal layoff list, the agency will certify up to twenty (20) candidates for further consideration. Up to seventy-five percent (75%) of those candidates will be statewide layoff, agency promotional, internal transfers, and agency voluntary demotions. All candidates certified must have the position-specific skills and abilities to perform the duties of the position to be filled. If there is a tie for the last position on the certification for either promotional or other candidates, the agency may consider up to ten (10) additional tied candidates. The agency may supplement the certification with additional tied candidates and replace other candidates who waive consideration with like candidates from the original pool. C. Employees in the General Government Transition Pool Program who have the skills and abilities to perform the duties of the vacant position may be considered along with all other candidates who have the skills and abilities to perform the duties of the position. D. If the certified candidate pool does not contain at least three (3) affirmative action candidates, the agency may add up to three (3) affirmative action candidates to the names certified for the position. When recruiting for multiple positions, the agency may add an additional five (5) agency candidates and five (5) other candidates to the certified list for each additional position.
LAYOFFS AND RECALLS (a) Employees will be laid off in reverse order of seniority whenever there is a reduction of employees in the bargaining unit. The only exception to this provision is when the client requests in writing that a specific security guard be retained at their site. Guards can bump due to (1) loss of site, (2) being bumped by a senior guard, (3) client removal for non-disciplinary reasons, (4) return from approved leave of absence or (5) loss of position on a site. (b) The Company shall notify employees whose position is to be eliminated due to the loss of work at a specific site or the loss of the entire site at least five (5) working days prior to the effective date of termination of the position. Such employee will be entitled to bump junior employees at other sites in order to maintain employment and status. The company will meet with the affected employee and their Union representative as quickly as possible after notification in order to allow the employee to review options and make an informed decision where they wish to bump into. The parties will attempt to place the security guard into an alternate site where said guard will not lose any days of pay, but in no event, will the placement, or bumping take more than five (5) working days (no more than five (5) unpaid days). If an employee is not slotted into their new position within said five (5) working days, the company will provide payment in lieu of work. During the up to five (5) days waiting period, the employee will be entitled to be on top of the spare board list if they so desire. (c) The Company shall generally give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Company informed of the employee's present address of location where he may be reached. The employee who fails to do so shall forfeit his right of recall. (d) If, within one (1) calendar day from the receipt of such notice, the employee accepts the recall, the job will be held open for one (1) calendar day from the day of the employee's acceptance. In the event that such recalled employee is employed elsewhere at the time of recall, the Company will hold the position vacant for two (2) weeks if the Company has received appropriate advance notice from its client. (e) In circumstances where the Company must fill vacant positions without delay, the Company shall give notice of recall by telephone until able to find a qualified employee who is prepared to report to work immediately. (f) If the employee declines the position, or fails to respond to the notice within one (1) calendar day from the date of receipt of the original notice, or fails to report to work within the time period outlined above, such employee shall be considered to have resigned and shall forfeit his recall rights. Should such employee be prevented from returning to work due to illness or accident he shall retain his recall rights and the Company shall be at liberty to recall another employee. The employee shall be required to show proof of such illness or accident.
VACANCIES AND NEW POSITIONS 3.3.1 During the work year, written notices of vacancies and new positions within the bargaining unit will be posted on the District jobs website for not less than five (5) working days. For an applicant to be considered for a vacant or new position, they must: a. Submit their online application and all other required application materials no later than five (5) working days from the first day of the posting, and b. Possess the minimum skills and qualifications applicable to the vacant or new position. 3.3.2 A vacancy is an open position within the bargaining unit or non represented groups over 10 hours per week (i.e., 2.1 hours per day). Employees who meet the posted qualifications will receive an interview for the position upon application. Applicants not receiving an interview or offer of position will be given feedback, upon request. Skill tests will not normally be required if the skill requirements of the new position are not greater than the applicant's current assignment unless the skill test is deemed necessary to determine the most qualified applicant. Positions will be filled by any present or prospective employee based upon affirmative action requirements, experience, and job qualifications for the position. If two finalists are considered equal, then the applicant from within the district with the most bargaining unit seniority will be selected for bargaining unit positions. 3.3.3 Employees transferred to new positions in the bargaining unit will receive salary credit at full value for all prior experience gained within the bargaining unit. 3.3.4 Current employees within the bargaining unit who are accepted for a position under Section 3.3.2 above will be given a thirty (30) work day work trial. If the employee's performance on the new job is not satisfactory, she/he will be returned to her/his former position or to another suitable position. Absent just cause for termination, such employee will not be terminated due to her/his unsatisfactory performance during the thirty (30) day trial period. 3.3.5 Increased hours at the worksite will be offered first to the most senior employees within the classification, if qualified as determined by the supervisor at the worksite, providing they have a work schedule which can accommodate the additional hour(s) within a normal work week. The number of hours per week may be offered up to ten (10) hours, but may not result in a combined assignment of more than forty (40) hours per week. Employees wishing more hours of work will notify their supervisor/building administrator in writing. 3.3.6 Summer school assignments will be offered on a seniority basis, except that those employees who carry out the job during the course of the regular work year will receive first choice of refusal. 3.3.7 If the school district uses a numerical staffing formula to assign employees to schools based on enrollment, employee hours will be adjusted in October of the school year to reflect actual enrollment. The formula results and adjusted hours will be provided to the association president(s) by October 15. 3.3.8 The district will provide at least a two (2) week written notice of paraeducator hour reduction due to a decreased student overload factor. 3.3.9 An employee involuntarily transferred to a new position with a different job title will suffer no loss in hourly rate of pay. The transferred employee will be placed on the same experience step as in the previous position. An employee transferred to a position with a lower hourly rate of pay will be required to seek to restore lost pay by applying for open positions within the department for which he/she is qualified. An employee may choose to decline up to three (3) positions that will make him/her whole. Following the third (3rd) decline, any enhanced pay, travel time, and/or mileage reimbursements will end. 3.3.10 When reassignments are too numerous to fill individually, the district will schedule a reassignment meeting. The district will display all open positions and the current seniority list. Employees facing reassignment will be required to attend either in person or by proxy. By seniority, employees must select from any open position for which they are qualified to restore any lost hours. Such restoration cannot exceed thirty (30) additional minutes over lost hours. If hours cannot be restored with open positions by seniority, employees may bump the least senior person. Bumping will occur in the following order, first by the department in which they have lost hours and then by any other departments in which they retain seniority. Multiple reassignment meetings may be necessary. 3.3.11 Employees who have been reassigned will have priority rights, by seniority, to open positions for which they are qualified for up to twenty-four months. Reassigned employees will be required to communicate in writing, in person, by proxy, or by email their interest in a position in the pool no later than 4:00 PM of the day the position closes, if the position will make them whole. If employees have not responded by 4:00 PM of the day the position closes, they have declined the position. Notice of assignment will be provided via phone and follow-up letter within five (5) working days.
LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer. 16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained. a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to: i) Accept the lay-off and be recalled under the terms of the Collective Agreement or; ii) Displace the most junior permanent Educational Assistant in the Division. b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September. c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period. 16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job. 16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work. 16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. 16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure. 16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours. 16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there. 16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
SENIORITY AND LAYOFFS 11.01 Seniority of employees shall be calculated from date of hire. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment. Employees hired on the same date shall be placed on the seniority grid in reverse alphabetical order. 11.02 Seniority lists shall be maintained at all times by the Employer and shall be available to the Union to ascertain the seniority status of an employee within its jurisdiction. 11.03 Seniority rights shall cease for any employee who: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed through the grievance procedure; c. is laid off for a continuous period of more than nine (9) consecutive months; d. fails to return to work within five (5) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return. a. In case of layoffs, the Employer will give such recognition to the seniority standings of the employees as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, the rule shall prevail that the employee having most seniority shall be laid off last and recalled first. b. Employees with less than six (6) months' seniority shall not have the right to recall. 11.05 One (1) week's notice of layoff shall be given to each employee for each year of seniority to a maximum of eight (8) weeks notice. 11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within three (3) workdays after the layoff took place. 11.07 Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within five (5) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
Classification Seniority Classification Seniority" is defined as the length of service in a specific job classification within the bargaining unit, beginning with the date an employee starts to serve a probationary appointment. Classification Seniority shall be interrupted only by separation because of resignation, discharge for just cause, failure to return upon expiration of a leave of absence, failure to respond to a recall from layoff, or retirement.
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.
Seniority Unit Layoff List Selection shall next be made from the Seniority Unit Layoff List unless the vacancy is being filled by an employee with more classification seniority who has received notice of permanent layoff.
