Filling Positions 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. 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.
A. An agency’s internal layoff list will consist of employees who have elected to place their name on the layoff list through Article 34, Layoff and Recall, of this Agreement and are confined to each individual agency.
B. 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.
C. 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.
D. A transfer candidate is defined as an employee in permanent status in the same classification as the vacancy within the agency.
E. 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.
F. When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner:
1. 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.
2. 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
Excluded Positions When a College temporarily assigns an employee to the duties and responsibilities of a position excluded from the provisions of this Collective Agreement, the employee's obligations to contribute to the regular monthly Union dues under Article 5.4 and his/her seniority shall continue during the period of such temporary assignment up to a maximum period of twelve
New Positions The Board, in consultation with the Association, shall prepare a new job description whenever a new position of special responsibility is created or whenever the duties of any such position are changed or increased. When such a position is created or changed, the allowance shall be subject to negotiations between the Board and the Association.
Filling Vacant Positions During the time the procedures outlined herein are in effect, position vacancies to be filled shall first be offered to regular employees who have a contractual right to be recalled to a position in the involved job classification or who may have a right to “bump” or transfer to the position, as the case may be. In such circumstances, the seniority provisions of the Agreement shall be observed. If no regular employee has a contractual right to the position, the following shall be given consideration in the order (priority) indicated below: 1st Priority: Qualified Job Bank employees 2nd Priority: Employees on a recall list 3rd Priority: Employee applicants from a list of eligibles 4th Priority: Displaced certified temporary employees 5th Priority: Non-employee applicants from a list of eligibles The qualifications of an employee in the Job Bank or on a recall list shall be reviewed to determine whether they meet the qualifications for a vacant position. Whether the employee can be trained for a position within a reasonable time (not to exceed three months) shall be considered when determining the qualifications of an employee. If it is determined that the employee does not meet the qualifications for a vacant position, the employee may appeal to the Director of Human Resources. If it is determined that an employee in the Job Bank is qualified for a vacant position, the employee shall be selected. The appointing authority may appeal the issue of whether the employee is qualified. The dispute shall be presented to and resolved by the Job Bank Steering Committee. If it is determined that an employee on a recall list is qualified for a vacant position, the employee will be given priority consideration and may be selected. Appeals regarding employees on a recall list and their qualifications for a position will be handled by the Civil Service Commission. The grievance procedure under the Labor Agreement shall not apply to determinations as to qualifications of the employee for a vacant position.
Vacant Positions An employee on the reinstatement roster may bid on a vacant position in a different classification in the same manner as any other regular employee pursuant to this agreement.
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.
Permanent Positions All part-time and full-time positions shall be permanent unless identified as being fixed term in accordance with clause 2.2.5.
New Position An approved position not reflected in the current year budget complement.
Clean-Up Period (a) Notwithstanding anything to the contrary set forth herein or in any other Loan Document, during the Clean-Up Period, the occurrence of any breach of a representation, covenant or an Event of Default (other than an Event of Default set out in Section 9.1(a)) will be deemed not to be a breach of a representation or warranty or a breach of a covenant or an Event of Default, as the case may be, if it would have been (if it were not for this provision) a breach of representation or warranty or a breach of a covenant or an Event of Default only by reason of circumstances relating exclusively to, with respect to any Permitted Acquisition or other Permitted Clean-Up Investment (or the subsidiaries of such target), the target of such Permitted Acquisition or Permitted Clean-Up Investment, and provided that such breach or Event of Default:
(i) is capable of being remedied within the Clean-Up Period and the Loan Parties are taking appropriate steps to remedy such breach or Event of Default;
(ii) does not have and is not reasonably likely to have a Material Adverse Effect; and
(iii) was not procured by or approved by Holdings or the Borrowers.
(b) Notwithstanding Section 9.6(a), if the relevant circumstances are continuing on or after the expiry of the Clean-Up Period, there shall be a breach of representation or warranty, breach of covenant or Event of Default, as the case may be, notwithstanding the above (and without prejudice to the rights and remedies of the Agents and the Lenders).
(c) For the avoidance of doubt, if any breach of representation or warranty, breach of covenant or Event of Default shall be deemed to not exist due to Section 9.6(a) during the Clean-Up Period, then such breach of representation or warranty, breach of covenant or Event of Default shall be deemed not to exist for purposes of Section 5.2 for so long as (but in no event later than the end of the Clean-Up Period) such breach of representation or warranty, breach of covenant or Event of Default shall be deemed not to exist due to the provisions of Section 9.6(a).
Term Position A position occupied by a full-time or part-time nurse for a specified period of time, up to a maximum of sixty (60) weeks, where patient/client/resident census or workload necessitates a temporary increase in staffing, if mutually agreed, to replace a nurse(s) who is/are on vacation or leave of absence, or to carry out a special short term project or where the Employer has provided notice of permanent deletion of position(s) under the Memorandum of Understanding regarding Employment Security, or as otherwise mutually agreed between the Union and the Employer. If the Employer determines there is a term position to be filled by a nurse, the term position shall be posted in accordance with Article 30. This shall not preclude the Employer from utilizing part-time nurses and/or casual nurses to work available shifts as specified in Articles 34 and 35 when the Employer decides that a term position is not required. The Employer shall provide written confirmation of the start and expiry dates of the term position prior to the nurse's commencement in the position. This period may be extended if the Employer so requests and the Union agrees. The maximum duration specified in paragraph 1 above for term positions shall not apply in situations where a nurse is absent indefinitely due to Workers Compensation and/or illness and/or accident or where there is a temporary vacancy due to leave for Public Office. In these cases, the Employer shall state on the job posting that the said term position is an "Indefinite Term" which will expire subject to a minimum of twenty-four
