Common use of Temporary Appointment Clause in Contracts

Temporary Appointment. The Union recognizes the Employer’s right to fill a position on a temporary basis for reasons such as, but not limited to, filling in behind an approved leave of absence, vacation, specially funded contractual positions, fluctuations/changes in the workload, temporary promotions, transfers of continuing employees, and the need for special job skills. The expiration of a temporary appointment shall not be considered a layoff for purposes of this Article; however, as long as they meet the conditions provided in this Article, employees shall be able to bump at the expiration of the temporary appointment as provided in this Section. A. An employee (without continuing prior State employment) with status acquired in a temporary appointment and separated because of the expiration of that appointment may be reinstated within three (3) years in any vacancy in any Department/Agency in the same class/level as that from which the employee was separated. Such reinstatement may precede employment of any person from a promotional list and any person with less seniority on a recall list for such class/level. Subsection A. above will not apply in the following. B. When a continuing Bargaining Unit employee who has attained status in a permanent position accepts a temporary appointment that is in the Bargaining Unit under the same Appointing Authority or accepts a temporary appointment to a non-exclusively represented position under the same Appointing Authority, upon expiration of the temporary appointment, the employee shall be returned to his/her former class/level and work location which immediately preceded the temporary appointment if such position is vacant; if not vacant, the employee may exercise his/her bumping rights in returning to a position in the Bargaining Unit at the class/level in the Layoff Unit which immediately preceded the temporary appointment. A continuing employee who is offered a temporary appointment shall have the conditions for return to his/her former position explained in writing at the time such offer is made. C. Recall of employees to temporary appointments shall not be used to avoid recalling employees on a permanent basis. Employees recalled to a temporary appointment shall be eligible for all fringe benefits as provided in Article 22 in accordance with the terms of each Section of the Article. Employees may agree to be recalled by work location on a temporary basis when laid off. An employee will designate his/her work location choice(s) on a recall card/form if she/he is willing to accept recall to a temporary appointment. Temporary recall shall be on the basis of seniority. An employee may change his/her work location choice(s) according to Section 10 and Section 11.D of this Article on a quarterly basis, effective the first day of the calendar quarter. If a change is desired, such notice is to be given no later than ten (10) calendar days before the first day of the new calendar quarter. An employee who is working in a temporary appointment shall remain eligible for recall to a permanent position. An employee who fails to accept temporary recall to a work location within five (5) weekdays from the notice of recall by the Employer shall be removed from that Work Location Recall List/Card/Form. Removal from the temporary recall list/card/form shall not affect the employee’s place on a permanent recall list/card/form. An employee’s name shall not be removed from the temporary recall list/card/form if the employee refuses recall because such employee is certified as medically disabled or on active military duty. If the Employer is unable to reach the most senior employee on the temporary recall list/card/form, the Employer shall send the employee written notice to the Address of Record, certified mail, return receipt requested, and shall then contact the next most senior employee who has indicated agreement on his/her recall card/form to be recalled to a temporary appointment. The Employer shall explain that they were unable to reach the more senior employee and offer the position to the next most senior employee on a day-to-day basis pending a response from the senior employee within the five (5) weekday response period. The employee recalled under these conditions can be returned in seniority order to layoff at any time within the five (5) weekday response period with no bumping options. Recall to a temporary appointment may be for a period not to exceed seven hundred twenty (720) consecutive work hours. Except as otherwise provided in this Subsection C, an employee whose temporary appointment expires shall be given five (5) weekdays’ notice and will have no bumping rights. An employee whose appointment expires will be returned to layoff and his/her name returned to the Work Location Temporary Recall List. The expiration of such temporary appointment shall not be considered a break in service. Expiration of a temporary appointment and return to layoff shall constitute a new date of layoff according to Article 13, Section 11 and for the purposes of Article 12, Section 2. A (2). All recalls to temporary appointments must be terminated prior to any permanent employees in the same class being laid off in a work location. In the event recall to a temporary appointment under the same Appointing Authority exceeds seven hundred twenty (720) consecutive work hours, at the expiration of the appointment the employee shall receive fourteen (14) calendar days’ written notice of return to layoff, or bump within the Layoff Unit of the temporary appointment in accordance with the provisions of this Article. If the employee has the ability to bump into a permanent position, the employee’s name shall be removed from all temporary recall lists/cards/forms. In addition, the employee’s name will be removed from recall lists/cards in accordance with Section 11 of this Article. When the recall to a temporary appointment is to fill a vacancy resulting from an approved leave of absence, at its expiration the employee’s name shall be replaced in seniority order on the recall list utilized for the temporary appointment and the employee shall be returned to layoff. An employee who has been recalled on a temporary basis and who later voluntarily separates from the position shall only retain recall rights to a permanent position in his/her primary class/level. In order to retain such recall rights, the employee shall be responsible for notifying, in writing, within five (5) calendar days, the personnel office in the employee’s Department/Agency of his/her desire to retain such recall rights. Failure to do so will result in the employee’s name being removed from all recall lists/cards.

Temporary Appointment. (a) Where an Employee has been temporarily assigned and does perform all of the duties of a position at a higher level classification for a period of time greater than three (3) continuous working days, a salary adjustment shall be made as outlined in Clause 24.2.3 for all time so worked. The Union recognizes temporary assignment shall not exceed six (6) months’ duration. Assistance in determining whether an Employee qualifies for a temporary appointment or the Employer’s right amount of the salary adjustment is available at the Human Resources Department. Upon request from the Association or an affected Employee, the Parties shall meet to discuss any problems or concerns related to an assignment of an Employee on a Temporary Appointment to duties assigned by another Manager or an assignment to perform duties within another Department. (b) Where the Employer wishes to fill a position on vacancy with a temporary basis appointment and such a temporary appointment requires an Employee to relinquish their current duties in exchange for reasons such as, but not limited to, filling in behind an approved leave assuming all of absence, vacation, specially funded contractual positions, fluctuations/changes in the workload, temporary promotions, transfers duties of continuing employees, another position and the need duration is intended to or does exceed three (3) months, then the availability of such a temporary appointment for special job skillsinternal applicants only shall be posted on the official staff notice boards. The expiration posting shall contain the expected end date of the temporary appointment. Employees holding such a temporary appointment will be returned to their former position following such an appointment. 24.3.1 All of the duties" under Clause 24.3 means all of the duties that would have been performed by the incumbent during the period in which they have been replaced and are those duties and responsibilities that place the position at a higher level classification. 24.3.2 Where an Employee does not qualify for a temporary appointment in accordance with Clause 24.3.1 but the Employee has assumed some of the duties of a higher level position, an Employee may request that a description of those duties be submitted to the Human Resources Department for evaluation and determination as to the appropriateness of a temporary appointment shall not be considered a layoff for purposes of this Article; however, as long as they meet the conditions provided in this Article, employees shall be able to bump at the expiration of the temporary appointment as provided in this Sectionsalary adjustment. A. An employee (without continuing prior State employment) with status acquired 24.3.3 The salary adjustment referred to in Clause 24.3.1 and 24.3.2 will not apply during periods of scheduled absences due to vacation in the case of an Employee whose position description specifies that they relieve the higher level position during periods of normal absences. 24.3.4 The process for determining the salary for an Employee in a temporary appointment and separated because of the expiration of that appointment may be reinstated within three (3) years as described in any vacancy in any Department/Agency in the same class/level as that from which the employee was separated. Such reinstatement may precede employment of any person from a promotional list and any person with less seniority on a recall list for such class/level. Subsection A. above will not apply in the following. B. When a continuing Bargaining Unit employee who has attained status in a permanent position accepts a temporary appointment that is in the Bargaining Unit under the same Appointing Authority or accepts a temporary appointment to a non-exclusively represented position under the same Appointing Authority, upon expiration of the temporary appointment, the employee Clause 24.3 shall be returned to his/her former class/level and work location which immediately preceded the temporary appointment if such position is vacant; if not vacant, the employee may exercise his/her bumping rights in returning to a position in the Bargaining Unit at the class/level in the Layoff Unit which immediately preceded the temporary appointment. A continuing employee who is offered a temporary appointment shall have the conditions for return to his/her former position explained in writing at the time such offer is made. C. Recall of employees to temporary appointments shall not be used to avoid recalling employees on a permanent basis. Employees recalled to a temporary appointment shall be eligible for all fringe benefits as provided in Article 22 in accordance with the terms of each Section of the Article. Employees may agree to be recalled by work location on a temporary basis when laid off. An employee will designate his/her work location choice(s) on a recall card/form if she/he is willing to accept recall to a temporary appointment. Temporary recall shall be on the basis of seniority. An employee may change his/her work location choice(s) according to Section 10 and Section 11.D of this Article on a quarterly basis, effective the first day of the calendar quarter. If a change is desired, such notice is to be given no later than ten (10) calendar days before the first day of the new calendar quarter. An employee who is working in a temporary appointment shall remain eligible for recall to a permanent position. An employee who fails to accept temporary recall to a work location within five (5) weekdays from the notice of recall by the Employer shall be removed from that Work Location Recall List/Card/Form. Removal from the temporary recall list/card/form shall not affect the employee’s place on a permanent recall list/card/form. An employee’s name shall not be removed from the temporary recall list/card/form if the employee refuses recall because such employee is certified as medically disabled or on active military duty. If the Employer is unable to reach the most senior employee on the temporary recall list/card/form, the Employer shall send the employee written notice to the Address of Record, certified mail, return receipt requested, and shall then contact the next most senior employee who has indicated agreement on his/her recall card/form to be recalled to repeated after an anniversary increment date occurs during a temporary appointment. The Employer results of this process shall explain that they were unable to reach determine the more senior employee and offer the position to the next most senior employee on a day-to-day basis pending a response salary adjustment from the senior employee within the five (5) weekday response period. The employee recalled under these conditions can be returned in seniority order to layoff at any time within the five (5) weekday response period with no bumping options. Recall to a temporary appointment may be for a period not to exceed seven hundred twenty (720) consecutive work hours. Except as otherwise provided in this Subsection C, an employee whose temporary appointment expires shall be given five (5) weekdays’ notice and will have no bumping rights. An employee whose appointment expires will be returned to layoff and his/her name returned to the Work Location Temporary Recall List. The expiration of such temporary appointment shall not be considered a break in service. Expiration of a temporary appointment and return to layoff shall constitute a new date of layoff according to Article 13, Section 11 and for the purposes of Article 12, Section 2. A (2). All recalls to temporary appointments must be terminated prior to any permanent employees in the same class being laid off in a work location. In the event recall to a temporary appointment under the same Appointing Authority exceeds seven hundred twenty (720) consecutive work hours, at the expiration of the appointment the employee shall receive fourteen (14) calendar days’ written notice of return to layoff, or bump within the Layoff Unit of the temporary appointment in accordance with the provisions of this Article. If the employee has the ability to bump into a permanent position, the employee’s name shall be removed from all temporary recall lists/cards/forms. In addition, the employee’s name will be removed from recall lists/cards in accordance with Section 11 of this Article. When the recall to a temporary appointment is to fill a vacancy resulting from an approved leave of absence, at its expiration the employee’s name shall be replaced in seniority order on the recall list utilized for the temporary appointment and the employee shall be returned to layoff. An employee who has been recalled on a temporary basis and who later voluntarily separates from the position shall only retain recall rights to a permanent position in his/her primary class/level. In order to retain such recall rights, the employee shall be responsible for notifying, in writing, within five (5) calendar days, the personnel office in the employee’s Department/Agency of his/her desire to retain such recall rights. Failure to do so will result in the employee’s name being removed from all recall lists/cardsanniversary date.

Temporary Appointment. (a) Where an Employee has been temporarily assigned and does perform all of the duties of a position at a higher level classification for a period of time greater than three (3) continuous working days, a salary adjustment shall be made as outlined in Clause 24.2.3 for all time so worked. The Union recognizes temporary assignment shall not exceed three (3) months’ duration. Assistance in determining whether an Employee qualifies for a temporary appointment or the Employer’s right amount of the salary adjustment is available at the Human Resources Department. Upon request from the Association or an affected Employee, the Parties shall meet to discuss any problems or concerns related to an assignment of an Employee on a Temporary Appointment to duties assigned by another Manager or an assignment to perform duties within another Department. (b) Where the Employer wishes to fill a position on a temporary basis for reasons such as, but not limited to, filling in behind an approved leave of absence, vacation, specially funded contractual positions, fluctuations/changes in the workload, temporary promotions, transfers of continuing employees, and the need for special job skills. The expiration of a temporary appointment shall not be considered a layoff for purposes of this Article; however, as long as they meet the conditions provided in this Article, employees shall be able to bump at the expiration of the temporary appointment as provided in this Section. A. An employee (without continuing prior State employment) vacancy with status acquired in a temporary appointment and separated because such a temporary appointment requires an Employee to relinquish his/her current duties in exchange for assuming all of the expiration duties of that appointment may be reinstated within another position and the duration is intended to or does exceed three (3) years in any vacancy in any Department/Agency in months, then the same class/level as that from which the employee was separated. Such reinstatement may precede employment availability of any person from a promotional list and any person with less seniority on a recall list for such class/level. Subsection A. above will not apply in the following. B. When a continuing Bargaining Unit employee who has attained status in a permanent position accepts a temporary appointment that is in for internal applicants only shall be posted on the Bargaining Unit under official staff notice boards. The posting shall contain the same Appointing Authority or accepts a temporary appointment to a non-exclusively represented position under the same Appointing Authority, upon expiration expected end date of the temporary appointment, the employee shall . Employees holding such a temporary appointment will be returned to his/her former classposition following such an appointment. 24.3.1 All of the duties" under Clause 24.3 means all of the duties that would have been performed by the incumbent during the period in which he/she has been replaced and are those duties and responsibilities that place the position at a higher level and work location which immediately preceded the temporary appointment if such position is vacant; if classification. 24.3.2 Where an Employee does not vacant, the employee may exercise his/her bumping rights in returning to a position in the Bargaining Unit at the class/level in the Layoff Unit which immediately preceded the temporary appointment. A continuing employee who is offered qualify for a temporary appointment shall have in accordance with Clause 24.3.1 but the conditions Employee has assumed some of the duties of a higher level position, an Employee may request that a description of those duties be submitted to the Human Resources Department for return evaluation and determination as to his/her former position explained in writing at the time such offer is made. C. Recall appropriateness of employees to temporary appointments shall not be used to avoid recalling employees on a permanent basis. Employees recalled to a temporary appointment shall be eligible salary adjustment. 24.3.3 The salary adjustment referred to in Clause 24.3.1 and 24.3.2 will not apply during periods of scheduled absences due to vacation in the case of an Employee whose position description specifies that he/she relieves the higher level position during periods of normal absences. 24.3.4 The process for all fringe benefits as provided in Article 22 in accordance with determining the terms of each Section of the Article. Employees may agree to be recalled by work location on a temporary basis when laid off. An salary for an employee will designate his/her work location choice(s) on a recall card/form if she/he is willing to accept recall to a temporary appointment. Temporary recall shall be on the basis of seniority. An employee may change his/her work location choice(s) according to Section 10 and Section 11.D of this Article on a quarterly basis, effective the first day of the calendar quarter. If a change is desired, such notice is to be given no later than ten (10) calendar days before the first day of the new calendar quarter. An employee who is working in a temporary appointment shall remain eligible for recall to a permanent position. An employee who fails to accept temporary recall to a work location within five (5) weekdays from the notice of recall by the Employer as described in Clause 24.3 shall be removed from that Work Location Recall List/Card/Form. Removal from the temporary recall list/card/form shall not affect the employee’s place on a permanent recall list/card/form. An employee’s name shall not be removed from the temporary recall list/card/form if the employee refuses recall because such employee is certified as medically disabled or on active military duty. If the Employer is unable to reach the most senior employee on the temporary recall list/card/form, the Employer shall send the employee written notice to the Address of Record, certified mail, return receipt requested, and shall then contact the next most senior employee who has indicated agreement on his/her recall card/form to be recalled to repeated after an anniversary increment date occurs during a temporary appointment. The Employer results of this process shall explain that they were unable to reach determine the more senior employee and offer the position to the next most senior employee on a day-to-day basis pending a response salary adjustment from the senior employee within the five (5) weekday response period. The employee recalled under these conditions can be returned in seniority order to layoff at any time within the five (5) weekday response period with no bumping options. Recall to a temporary appointment may be for a period not to exceed seven hundred twenty (720) consecutive work hours. Except as otherwise provided in this Subsection C, an employee whose temporary appointment expires shall be given five (5) weekdays’ notice and will have no bumping rights. An employee whose appointment expires will be returned to layoff and his/her name returned to the Work Location Temporary Recall List. The expiration of such temporary appointment shall not be considered a break in service. Expiration of a temporary appointment and return to layoff shall constitute a new date of layoff according to Article 13, Section 11 and for the purposes of Article 12, Section 2. A (2). All recalls to temporary appointments must be terminated prior to any permanent employees in the same class being laid off in a work location. In the event recall to a temporary appointment under the same Appointing Authority exceeds seven hundred twenty (720) consecutive work hours, at the expiration of the appointment the employee shall receive fourteen (14) calendar days’ written notice of return to layoff, or bump within the Layoff Unit of the temporary appointment in accordance with the provisions of this Article. If the employee has the ability to bump into a permanent position, the employee’s name shall be removed from all temporary recall lists/cards/forms. In addition, the employee’s name will be removed from recall lists/cards in accordance with Section 11 of this Article. When the recall to a temporary appointment is to fill a vacancy resulting from an approved leave of absence, at its expiration the employee’s name shall be replaced in seniority order on the recall list utilized for the temporary appointment and the employee shall be returned to layoff. An employee who has been recalled on a temporary basis and who later voluntarily separates from the position shall only retain recall rights to a permanent position in his/her primary class/level. In order to retain such recall rights, the employee shall be responsible for notifying, in writing, within five (5) calendar days, the personnel office in the employee’s Department/Agency of his/her desire to retain such recall rights. Failure to do so will result in the employee’s name being removed from all recall lists/cardsanniversary date.

Temporary Appointment. The Union recognizes the Employer’s right to fill a position on a temporary basis for reasons such as, but not limited to, filling in behind an approved leave of absence, vacation, specially funded contractual positions, fluctuations/changes in the workload, temporary promotions, transfers of continuing employees, and the need for special job skills. The expiration of a temporary appointment shall not be considered a layoff for purposes of this Article; however, as long as they meet the conditions provided in this Article, employees shall be able to bump at the expiration of the temporary appointment as provided in this Section. A. An employee (without continuing prior State employment) with status acquired in a temporary appointment and separated because of the expiration of that appointment may be reinstated within three (3) years in any vacancy in any Department/Agency in the same class/level as that from which the employee was separated. Such reinstatement may precede employment of any person from a promotional list and any person with less seniority on a recall list for such class/level. Subsection A. above will not apply in the following. B. When a continuing Bargaining Unit employee who has attained status in a permanent position accepts a temporary appointment that is in the Bargaining Unit under the same Appointing Authority or accepts a temporary appointment to a non-non- exclusively represented position under the same Appointing Authority, upon expiration of the temporary appointment, the employee shall be returned to his/her former class/level and work location which immediately preceded the temporary appointment if such position is vacant; if not vacant, the employee may exercise his/her bumping rights in returning to a position in the Bargaining Unit at the class/level in the Layoff Unit which immediately preceded the temporary appointment. A continuing employee who is offered a temporary appointment shall have the conditions for return to his/her former position explained in writing at the time such offer is made. C. Recall of employees to temporary appointments shall not be used to avoid recalling employees on a permanent basis. Employees recalled to a temporary appointment shall be eligible for all fringe benefits as provided in Article 22 in accordance with the terms of each Section of the Article. Employees may agree to be recalled by work location on a temporary basis when laid off. An employee will designate his/her work location choice(s) on a recall card/form if she/he is willing to accept recall to a temporary appointment. Temporary recall shall be on the basis of seniority. An employee may change his/her work location choice(s) according to Section 10 and Section 11.D of this Article on a quarterly basis, effective the first day of the calendar quarter. If a change is desired, such notice is to be given no later than ten (10) calendar days before the first day of the new calendar quarter. An employee who is working in a temporary appointment shall remain eligible for recall to a permanent position. An employee who fails to accept temporary recall to a work location within five (5) weekdays from the notice of recall by the Employer shall be removed from that Work Location Recall List/Card/Form. Removal from the temporary recall list/card/form shall not affect the employee’s place on a permanent recall list/card/form. An employee’s name shall not be removed from the temporary recall list/card/form if the employee refuses recall because such employee is certified as medically disabled or on active military duty. If the Employer is unable to reach the most senior employee on the temporary recall list/card/form, the Employer shall send the employee written notice to the Address of Record, certified mail, return receipt requested, and shall then contact the next most senior employee who has indicated agreement on his/her recall card/form to be recalled to a temporary appointment. The Employer shall explain that they were unable to reach the more senior employee and offer the position to the next most senior employee on a day-to-day basis pending a response from the senior employee within the five (5) weekday response period. The employee recalled under these conditions can be returned in seniority order to layoff at any time within the five (5) weekday response period with no bumping options. Recall to a temporary appointment may be for a period not to exceed seven hundred twenty (720) consecutive work hours. Except as otherwise provided in this Subsection C, an employee whose temporary appointment expires shall be given five (5) weekdays’ notice and will have no bumping rights. An employee whose appointment expires will be returned to layoff and his/her name returned to the Work Location Temporary Recall List. The expiration of such temporary appointment shall not be considered a break in service. Expiration of a temporary appointment and return to layoff shall constitute a new date of layoff according to Article 13, Section 11 and for the purposes of Article 12, Section 2. A (2). All recalls to temporary appointments must be terminated prior to any permanent employees in the same class being laid off in a work location. In the event recall to a temporary appointment under the same Appointing Authority exceeds seven hundred twenty (720) consecutive work hours, at the expiration of the appointment the employee shall receive fourteen (14) calendar days’ written notice of return to layoff, or bump within the Layoff Unit of the temporary appointment in accordance with the provisions of this Article. If the employee has the ability to bump into a permanent position, the employee’s name shall be removed from all temporary recall lists/cards/forms. In addition, the employee’s name will be removed from recall lists/cards in accordance with Section 11 of this Article. When the recall to a temporary appointment is to fill a vacancy resulting from an approved leave of absence, at its expiration the employee’s name shall be replaced in seniority order on the recall list utilized for the temporary appointment and the employee shall be returned to layoff. An employee who has been recalled on a temporary basis and who later voluntarily separates from the position shall only retain recall rights to a permanent position in his/her primary class/level. In order to retain such recall rights, the employee shall be responsible for notifying, in writing, within five (5) calendar days, the personnel office in the employee’s Department/Agency of his/her desire to retain such recall rights. Failure to do so will result in the employee’s name being removed from all recall lists/cards.five

Temporary Appointment. 10 The Union recognizes the Employer’s right to fill a position on a temporary basis for 11 reasons such as, but not limited to, filling in behind an approved leave of absence, 12 vacation, specially funded contractual positions, fluctuations/changes in the workload, 13 temporary promotions, transfers of continuing employees, and the need for special job skills. 16 The expiration of a temporary appointment shall not be considered a layoff for purposes 17 of this Article; however, as long as they meet the conditions provided in this Article, 18 employees shall be able to bump at the expiration of the temporary appointment as 19 provided in this Section. 21 A. An employee (without continuing prior State employment) with status acquired in a 22 temporary appointment and separated because of the expiration of that appointment 23 may be reinstated within three (3) years in any vacancy in any Department/Agency 24 in the same class/level as that from which the employee was separated. Such 25 reinstatement may precede employment of any person from a promotional list and 26 any person with less seniority on a recall list for such class/level. . 28 Subsection A. above will not apply in the following. 30 B. When a continuing Bargaining Unit employee who has attained status in a 31 permanent position accepts a temporary appointment that is in the Bargaining Unit 32 under the same Appointing Authority or accepts a temporary appointment to a non-non- 33 exclusively represented position under the same Appointing Authority, upon 34 expiration of the temporary appointment, the employee shall be returned to his/her former class/level and work location which immediately preceded the temporary 36 appointment if such position is vacant; if not vacant, the employee may exercise 37 his/her bumping rights in returning to a position in the Bargaining Unit at the 38 class/level in the Layoff Unit which immediately preceded the temporary 39 appointment. A continuing employee who is offered a temporary appointment shall 40 have the conditions for return to his/her former position explained in writing at the 41 time such offer is made.. 42 1 C. Recall of employees to temporary appointments shall not be used to avoid recalling 2 employees on a permanent basis. Employees recalled to a temporary appointment 3 shall be eligible for all fringe benefits as provided in Article 22 in accordance with the 4 terms of each Section of the Article. 6 Employees may agree to be recalled by work location on a temporary basis when 7 laid off. An employee will designate his/her work location choice(s) on a recall 8 card/form if she/he is willing to accept recall to a temporary appointment. Temporary 9 recall shall be on the basis of seniority. An employee may change his/her work 10 location choice(s) according to Section 10 and Section 11.D of this Article on a 11 quarterly basis, effective the first day of the calendar quarter. If a change is desired, 12 such notice is to be given no later than ten (10) calendar days before the first day of 13 the new calendar quarter. An employee who is working in a temporary appointment 14 shall remain eligible for recall to a permanent position. An employee who fails to accept temporary recall to a work location within five (5) weekdays from the notice of recall by the Employer shall be removed from that Work Location Recall List/Card/Form. Removal from the temporary recall list/card/form shall not affect the employee’s place on a permanent recall list/card/form. An employee’s name shall not be removed from the temporary recall list/card/form if the employee refuses recall because such employee is certified as medically disabled or on active military duty. If the Employer is unable to reach the most senior employee on the temporary recall list/card/form, the Employer shall send the employee written notice to the Address of Record, certified mail, return receipt requested, and shall then contact the next most senior employee who has indicated agreement on his/her recall card/form to be recalled to a temporary appointment. The Employer shall explain that they were unable to reach the more senior employee and offer the position to the next most senior employee on a day-to-day basis pending a response from the senior employee within the five (5) weekday response period. The employee recalled under these conditions can be returned in seniority order to layoff at any time within the five (5) weekday response period with no bumping options. Recall to a temporary appointment may be for a period not to exceed seven hundred twenty (720) consecutive work hours. Except as otherwise provided in this Subsection C, an employee whose temporary appointment expires shall be given five (5) weekdays’ notice and will have no bumping rights. An employee whose appointment expires will be returned to layoff and his/her name returned to the Work Location Temporary Recall List. The expiration of such temporary appointment shall not be considered a break in service. Expiration of a temporary appointment and return to layoff shall constitute a new date of layoff according to Article 13, Section 11 and for the purposes of Article 12, Section 2. A (2). All recalls to temporary appointments must be terminated prior to any permanent employees in the same class being laid off in a work location. In the event recall to a temporary appointment under the same Appointing Authority exceeds seven hundred twenty (720) consecutive work hours, at the expiration of the appointment the employee shall receive fourteen (14) calendar days’ written notice of return to layoff, or bump within the Layoff Unit of the temporary appointment in accordance with the provisions of this Article. If the employee has the ability to bump into a permanent position, the employee’s name shall be removed from all temporary recall lists/cards/forms. In addition, the employee’s name will be removed from recall lists/cards in accordance with Section 11 of this Article. When the recall to a temporary appointment is to fill a vacancy resulting from an approved leave of absence, at its expiration the employee’s name shall be replaced in seniority order on the recall list utilized for the temporary appointment and the employee shall be returned to layoff. An employee who has been recalled on a temporary basis and who later voluntarily separates from the position shall only retain recall rights to a permanent position in his/her primary class/level. In order to retain such recall rights, the employee shall be responsible for notifying, in writing, within five (5) calendar days, the personnel office in the employee’s Department/Agency of his/her desire to retain such recall rights. Failure to do so will result in the employee’s name being removed from all recall lists/cards.

Temporary Appointment. (a) Where an Employee has been temporarily assigned and does perform all of the duties of a position at a higher level classification for a period of time greater than three (3) continuous working days, a salary adjustment shall be made as outlined in Clause 24.2.3 for all time so worked. The Union recognizes temporary assignment shall not exceed three (3) months’ duration. Assistance in determining whether an Employee qualifies for a temporary appointment or the Employer’s right amount of the salary adjustment is available at the Human Resources Department. Upon request from the Association or an affected Employee, the Parties shall meet to discuss any problems or concerns related to an assignment of an Employee on a Temporary Appointment to duties assigned by another Manager or an assignment to perform duties within another Department. (b) Where the Employer wishes to fill a position on a temporary basis for reasons such as, but not limited to, filling in behind an approved leave of absence, vacation, specially funded contractual positions, fluctuations/changes in the workload, temporary promotions, transfers of continuing employees, and the need for special job skills. The expiration of a temporary appointment shall not be considered a layoff for purposes of this Article; however, as long as they meet the conditions provided in this Article, employees shall be able to bump at the expiration of the temporary appointment as provided in this Section. A. An employee (without continuing prior State employment) vacancy with status acquired in a temporary appointment and separated because such a temporary appointment requires an Employee to relinquish his/her current duties in exchange for assuming all of the expiration duties of that appointment may be reinstated within another position and the duration is intended to or does exceed three (3) years in any vacancy in any Department/Agency in months, then the same class/level as that from which the employee was separated. Such reinstatement may precede employment availability of any person from a promotional list and any person with less seniority on a recall list for such class/level. Subsection A. above will not apply in the following. B. When a continuing Bargaining Unit employee who has attained status in a permanent position accepts a temporary appointment that is in for internal applicants only shall be posted on the Bargaining Unit under official staff notice boards. The posting shall contain the same Appointing Authority or accepts a temporary appointment to a non-exclusively represented position under the same Appointing Authority, upon expiration expected end date of the temporary appointment, the employee shall . Employees holding such a temporary appointment will be returned to his/her former classposition following such an appointment. 24.3.1 All of the duties" under Clause 24.3 means all of the duties that would have been performed by the incumbent during the period in which he/she has been replaced and are those duties and responsibilities that place the position at a higher level and work location which immediately preceded the temporary appointment if such position is vacant; if classification. 24.3.2 Where an Employee does not vacant, the employee may exercise his/her bumping rights in returning to a position in the Bargaining Unit at the class/level in the Layoff Unit which immediately preceded the temporary appointment. A continuing employee who is offered qualify for a temporary appointment shall have in accordance with Clause 24.3.1 but the conditions Employee has assumed some of the duties of a higher level position, an Employee may request that a description of those duties be submitted to the Human Resources Department for return evaluation and determination as to his/her former position explained in writing at the time such offer is made. C. Recall appropriateness of employees to temporary appointments shall not be used to avoid recalling employees on a permanent basis. Employees recalled to a temporary appointment shall be eligible salary adjustment. 24.3.3 The salary adjustment referred to in Clause 24.3.1 and 24.3.2 will not apply during periods of scheduled absences due to vacation in the case of an Employee whose position description specifies that he/she relieves the higher level position during periods of normal absences. 24.3.4 The process for all fringe benefits as provided in Article 22 in accordance with determining the terms of each Section of the Article. Employees may agree to be recalled by work location on a temporary basis when laid off. An employee will designate his/her work location choice(s) on a recall card/form if she/he is willing to accept recall to a temporary appointment. Temporary recall shall be on the basis of seniority. An employee may change his/her work location choice(s) according to Section 10 and Section 11.D of this Article on a quarterly basis, effective the first day of the calendar quarter. If a change is desired, such notice is to be given no later than ten (10) calendar days before the first day of the new calendar quarter. An employee who is working salary for an Employee in a temporary appointment shall remain eligible for recall to a permanent position. An employee who fails to accept temporary recall to a work location within five (5) weekdays from the notice of recall by the Employer as described in Clause 24.3 shall be removed from that Work Location Recall List/Card/Form. Removal from the temporary recall list/card/form shall not affect the employee’s place on a permanent recall list/card/form. An employee’s name shall not be removed from the temporary recall list/card/form if the employee refuses recall because such employee is certified as medically disabled or on active military duty. If the Employer is unable to reach the most senior employee on the temporary recall list/card/form, the Employer shall send the employee written notice to the Address of Record, certified mail, return receipt requested, and shall then contact the next most senior employee who has indicated agreement on his/her recall card/form to be recalled to repeated after an anniversary increment date occurs during a temporary appointment. The Employer results of this process shall explain that they were unable to reach determine the more senior employee and offer the position to the next most senior employee on a day-to-day basis pending a response salary adjustment from the senior employee within the five (5) weekday response period. The employee recalled under these conditions can be returned in seniority order to layoff at any time within the five (5) weekday response period with no bumping options. Recall to a temporary appointment may be for a period not to exceed seven hundred twenty (720) consecutive work hours. Except as otherwise provided in this Subsection C, an employee whose temporary appointment expires shall be given five (5) weekdays’ notice and will have no bumping rights. An employee whose appointment expires will be returned to layoff and his/her name returned to the Work Location Temporary Recall List. The expiration of such temporary appointment shall not be considered a break in service. Expiration of a temporary appointment and return to layoff shall constitute a new date of layoff according to Article 13, Section 11 and for the purposes of Article 12, Section 2. A (2). All recalls to temporary appointments must be terminated prior to any permanent employees in the same class being laid off in a work location. In the event recall to a temporary appointment under the same Appointing Authority exceeds seven hundred twenty (720) consecutive work hours, at the expiration of the appointment the employee shall receive fourteen (14) calendar days’ written notice of return to layoff, or bump within the Layoff Unit of the temporary appointment in accordance with the provisions of this Article. If the employee has the ability to bump into a permanent position, the employee’s name shall be removed from all temporary recall lists/cards/forms. In addition, the employee’s name will be removed from recall lists/cards in accordance with Section 11 of this Article. When the recall to a temporary appointment is to fill a vacancy resulting from an approved leave of absence, at its expiration the employee’s name shall be replaced in seniority order on the recall list utilized for the temporary appointment and the employee shall be returned to layoff. An employee who has been recalled on a temporary basis and who later voluntarily separates from the position shall only retain recall rights to a permanent position in his/her primary class/level. In order to retain such recall rights, the employee shall be responsible for notifying, in writing, within five (5) calendar days, the personnel office in the employee’s Department/Agency of his/her desire to retain such recall rights. Failure to do so will result in the employee’s name being removed from all recall lists/cardsanniversary date.