Common use of Transfer and Promotion Clause in Contracts

Transfer and Promotion. A. When vacancies occur in any bargaining unit position or when a new position is created, an announcement containing a job description, classification and pertinent information relating to the position will be posted electronically as specified in this paragraph. B. No vacancy shall be filled except on a temporary basis until such vacancy shall have been electronically posted with all bargaining unit members for at least seven (7) school days. In the event school is not in session, bargaining unit members shall be notified by electronic mail of any existing vacancies. 10 or 11 month bargaining unit members who may not have ready access to email during the summer period may make written request each year to receive such posting by mail. Bargaining unit members desiring to be considered for an announced vacancy must make written application to the designated administrative office during the posting period. All those applying who have the posted qualifications shall be granted an interview and will be notified of the decision regarding the appointment in writing. All employees who work in the posted classification and apply for the open position shall be interviewed. C. The Association President shall be furnished an electronic copy of each posting and a notice of the final decision within three (3) working days. D. In the event it is necessary to use someone in a full or part-time position (other than a substitute), such position shall remain for no more than sixty (60) calendar days at that pay rate after which it must be electronically posted or abolished. In the event the person filling such position applies upon the proper posting of the position (this may be less than forty hours), the probationary period may be waived after the employee has worked sixty (60) calendar days. E. In the event a bargaining unit position is vacated due to, but not limited to, a resignation, termination, or transfer, a substitute may work up to a maximum of 60 work days. Substitutes may work longer than the 60 work day maximum only if an appropriate bargaining unit member is not available to fill the vacated position.

Transfer and Promotion. A. When vacancies occur in any bargaining unit position Whenever the Board determines that a vacancy or when a new position is createdexists within a classification (as identified in Article 1, an announcement containing a job description, classification and pertinent information relating to the position Section A) it will be posted electronically as specified for five (5) business days in this paragraph. B. No vacancy each building. Each posting shall contain location, number of hours worked, title, days per year, pay rate and whether the position requires a test. Such posting will be filled except on a temporary basis until such vacancy shall have been electronically posted with all bargaining unit members for at least seven (7) school dayssent to the President of the Union. In addition, personnel who express an interest in a classification and indicate that in writing to the event school is not in sessionDirector of Classified Personnel and Support Services, bargaining unit members shall will be notified by electronic mail individually in writing of any existing vacanciesthe vacancy during winter, summer and spring breaks. 10 or 11 month bargaining unit members who may not have ready access to email during Interested personnel will then inform the summer period may make written request each year to receive such posting by mail. Bargaining unit members desiring Office of Classified Personnel and Support Services in writing if he/she wishes to be considered for an announced vacancy must make written application the position. Interested personnel shall stop by the Administrative Service Center (ASC) during regular business hours and submit their interest in writing. This interest shall be time stamped and initialed by the interested personnel and a copy shall be given to the designated administrative office during interested personnel. An employee may apply for a vacancy in a position within the same classification in which he/she is employed; however, no employee will be considered for more than two (2) such transfers per year (July 1 to June 30). This limit of two (2) transfers does not apply unless the person stayed in the position for more than ten (10) days as defined by this article. This restriction does not apply to transfers outside of an employee's classification or the bidding of bus routes. Employees who are working under a probationary period are not eligible to bid on another position until the successful completion of the probationary period unless there are no bargaining unit applicants for the vacancy. Vacancies will be filled within forty (40) calendar days (Monday through Friday) from the date the vacancy occurs. If any position's hours increase or decrease by 60 minutes or more from the last posting, the employee may remain in that position for the remainder of the year, however, the position in any event shall be posted by June 30th. Any employee displaced/bumped due to a posting under this paragraph may displace/bump any less senior employee in that job classification. The individual(s) displaced/bumped may, in turn, bump any person with less seniority in the job classification. Notification shall be provided to the Local President. An employee on Worker's Compensation may bid on a position, the same as other employees, as long as the employee has a medical release and will return to work on or before the end of the posting period. All those applying who have This does not apply to annual bus route bidding. B. The employer may administer a test in order to fill a vacancy. If the posted qualifications employer administers a test in order to fill a vacancy, all vacancies in that classification moving forward will contain the test unless the test is unavailable. Applicants must successfully pass the test, if any, before the posting comes down, in order to be considered for the position. A third party will be used to develop any tests. Tests shall be granted an interview aptitude test and not a journeyman test. Prior to a test being used, the test shall be reviewed by the President of the Association and an appropriate member of the Administration in order to evaluate it for practical use. While the questions on each test may not be identical, all applicants shall take the same or similar test. Tests will be notified graded pass/fail. The most senior bargaining unit member who passes a test shall be awarded the vacancy. If no bargaining unit member passes the test, the employer may hire an outside applicant who has passed the test. A bargaining unit member will not be required to take a test when the bargaining unit member is applying for a position within his/her current classification. Once a bargaining unit member has taken and passed a test for a specific classification, that test result shall be kept on record and used when the employee applies for future vacancies within that classification. This section does not apply to any state required testing. C. An employee within the same classification as the vacancy and who applies for the vacancy will be appointed to the position if he/she has the most seniority in the classification wherein the vacancy occurs. Each employee so transferred shall serve a probationary period of ten (10) working days, except those positions that do not have regular job responsibilities during the summer months, then the probationary period shall commence at the beginning of the school year. If after five (5) work days a problem exists on the part of the employee or the supervisor the individual with the problem shall provide a written statement of reasons on the fifth (5th) day. On the tenth (10th) work day (unless the employee is absent on that day, in which case the next scheduled day they are at work), either the employee or the appropriate supervisor may rescind the transfer and return the employee to his/her former position. If the employee or the appropriate supervisor disagrees with the decision to return to the former position the employee or appropriate supervisor may request a review with the Director of Classified Personnel and Support Services, appropriate supervisor, a Union representative of the employee's choice and the employee. The review must take place within ten (10) work days of the decision regarding to return the appointment in writingemployee to his/her former position. All employees If the employee still disagrees with the decision to return he/she may appeal the decision to the Superintendent who work in will make a final decision as to whether the posted classification and apply for the open position employee shall be interviewed. C. The Association President shall be furnished an electronic copy of each posting involuntarily returned. Upon written mutual agreement between the employee and a notice of the final decision within three (3) working days. D. In the event it is necessary to use someone in a full or part-time position (other than a substitute), such position shall remain for no more than sixty (60) calendar days at that pay rate after which it must be electronically posted or abolished. In the event the person filling such position applies upon the proper posting of the position (this may be less than forty hours), their supervisor the probationary period may be waived after reduced. In the event that within the ten (10) workday probationary period either the transferred employee has worked sixty (60) calendar daysor appropriate supervisor rescinds the transfer, the parties agree that the applications submitted from the original posting for the position shall be used to fill the position. No new posting shall be required. D. Employees interested in a position or vacancy in a different classification other than the classification in which they are now employed shall file an application in the Office of Classified Personnel and Support Services. A person desiring to change classification must possess the qualifications required in the specific classification for which he/she is applying as outlined on the Job Description Notification of Vacancy Form. If a bargaining unit applicant applies for a vacant position outside their classification and possesses substantially equal qualifications as a non-bargaining unit applicant, the bargaining unit employee shall be chosen to fill the vacancy. This determination shall be made by the Director of Classified Personnel and Support Services. E. Employees who transfer from another job classification shall complete a thirty (30) calendar day probationary period. Except those positions that do not have regular job responsibilities during summer months. In such cases the event probationary period shall commence at the beginning of each school year. Upon written mutual agreement between the employee and their supervisor the probationary period may be reduced. Employees who transfer from another classification shall be placed at the same step of the new classification as they held in the classification they transferred from, regardless of whether it is an increase or decrease in pay. Employees with dual classifications shall be placed at the highest step of the jobs they hold. For example, if an employee is a Driver with 10-years seniority and also a Server with 2-years seniority – the employee would be placed at Step 10 if they transferred from these two positions into a Secretary position. An employee who transfers from another job classification shall be given a minimum of two (2) evaluations during the first twenty (20) days of probation. If the employee does not perform the duties of the new classification satisfactorily as determined by the Board or its managers/supervisors, he/she shall be returned to his/her former assignment between the twentieth (20th) day and the end of the thirtieth (30th) day. If the employee disagrees with the decision of the Board, he/she may request review by a committee (as set forth below) which shall meet within ten (10) days. The Committee shall be composed as follows: 1. Director of Classified Personnel & Support Services. 2. An individual currently employed in the classification being bid upon, as chosen by the Union. Union President shall also be present as an observer. 3. Supervisor (other than the department who made the decision to return the employee) chosen by the Board. The Director of Classified Personnel and Support Services shall prepare a report of the meeting and make the final decision as to whether the employee shall be returned to his/her former assignment. However, the final decision of the Director of Classified Personnel and Support Services and the reason for the return is not subject to the grievance procedure. If a bargaining unit member took a test for the position, as discussed in paragraph (B) above, he/she may only be returned to his/her former position for just cause. If there is vacated due to, but not limited to, a resignation, termination, or transfer, a substitute may work up disagreement as to a maximum of 60 work days. Substitutes may work longer than whether the 60 work day maximum only if an appropriate employer had just cause to return the bargaining unit member to his/her former position, in addition to the foregoing procedure, the employee may resort to the grievance procedure set forth in Article 3. The Board of Education shall decline a transfer bid if the employee's attendance is less than ninety-six percent (96%) of the scheduled contracted hours per year, in each of the two (2) years preceding the bid. The following absences do not available to fill the vacated positioncount in any regard in calculating attendance under this paragraph.

Transfer and Promotion. A. When vacancies occur in any bargaining unit position Whenever the Board determines that a vacancy or when a new position is createdexists within a classification (as identified in Article 1, an announcement containing a job description, classification and pertinent information relating to the position Section A) it will be posted electronically as specified for five (5) business days in this paragraph. B. No vacancy each building. Each posting shall contain location, number of hours worked, title, days per year, pay rate and whether the position requires a test. Such posting will be filled except on a temporary basis until such vacancy shall have been electronically posted with all bargaining unit members for at least seven (7) school dayssent to the President of the Union. In addition, personnel who express an interest in a classification and indicate that in writing to the event school is not in sessionDirector of Classified Personnel and Support Services, bargaining unit members shall will be notified by electronic mail individually in writing of any existing vacanciesthe vacancy during winter, summer and spring breaks. 10 or 11 month bargaining unit members who may not have ready access to email during Interested personnel will then inform the summer period may make written request each year to receive such posting by mail. Bargaining unit members desiring Office of Classified Personnel and Support Services in writing if he/she wishes to be considered for an announced vacancy must make written application the position. Interested personnel shall stop by the Administrative Service Center (ASC) during regular business hours and submit their interest in writing. This interest shall be time stamped and initialed by the interested personnel and a copy shall be given to the designated administrative office interested personnel. An employee may apply for a vacancy in a position within the same classification in which he/she is employed; however, no employee will be considered for more than two (2) such transfers per year (July 1 to June 30). This limit of two (2) transfers does not apply unless the person stayed in the position for more than ten (10) days as defined by this article. This restriction does not apply to transfers outside of an employee's classification or the bidding of bus routes. Employees who are working under a probationary period are not eligible to be awarded another position until the successful completion of the probationary period unless there are no bargaining unit applicants for the vacancy. Vacancies will be filled within forty (40) calendar days (Monday through Friday) from the date the vacancy occurs. B. The employer may administer a test in order to fill a vacancy. If the employer administers a test in order to fill a vacancy, all vacancies in that classification moving forward will contain the test unless the test is unavailable. Applicants must successfully pass the test, if any, before the posting comes down, in order to be considered for the position. A third party will be used to develop any tests. Tests shall be an aptitude test and not a journeyman test. Prior to a test being used, the test shall be reviewed by the President of the Association and an appropriate member of the Administration in order to evaluate it for practical use. While the questions on each test may not be identical, all applicants shall take the same or similar test. Tests will be graded pass/fail. The most senior bargaining unit member who passes a test shall be awarded the vacancy. If no bargaining unit member passes the test, C. An employee within the same classification as the vacancy and who applies for the vacancy will be appointed to the position if he/she has the most seniority in the classification wherein the vacancy occurs. Each employee so transferred shall serve a probationary period of ten (10) working days, except those positions that do not have regular job responsibilities during the posting periodsummer months, then the probationary period shall commence at the beginning of the school year. All those applying who have If after five (5) work days a problem exists on the posted qualifications part of the employee or the supervisor the individual with the problem shall be granted an interview provide a written statement of reasons on the fifth (5th) day. On the tenth (10th) work day (unless the employee is absent on that day, in which case the next scheduled day they are at work), either the employee or the appropriate supervisor may rescind the transfer and will be notified return the employee to his/her former position. If the employee or the appropriate supervisor disagrees with the decision to return to the former position the employee or appropriate supervisor may request a review with the Director of Classified Personnel and Support Services, appropriate supervisor, a Union representative of the employee's choice and the employee. The review must take place within ten (10) work days of the decision regarding to return the appointment in writingemployee to his/her former position. All employees If the employee still disagrees with the decision to return he/she may appeal the decision to the Superintendent who work in will make a final decision as to whether the posted classification and apply for the open position employee shall be interviewed. C. The Association President shall be furnished an electronic copy of each posting involuntarily returned. Upon written mutual agreement between the employee and a notice of the final decision within three (3) working days. D. In the event it is necessary to use someone in a full or part-time position (other than a substitute), such position shall remain for no more than sixty (60) calendar days at that pay rate after which it must be electronically posted or abolished. In the event the person filling such position applies upon the proper posting of the position (this may be less than forty hours), their supervisor the probationary period may be waived after reduced. In the event that within the ten (10) workday probationary period either the transferred employee has worked sixty (60) calendar daysor appropriate supervisor rescinds the transfer, the parties agree that the applications submitted from the original posting for the position shall be used to fill the position. No new posting shall be required. D. Employees interested in a position or vacancy in a different classification other than the classification in which they are now employed shall file an application in the Office of Classified Personnel and Support Services. A person desiring to change classification must possess the qualifications required in the specific classification for which he/she is applying as outlined on the Job Description Notification of Vacancy Form. If a bargaining unit applicant applies for a vacant position outside their classification and possesses substantially equal qualifications as a non-bargaining unit applicant, the bargaining unit employee shall be chosen to fill the vacancy. This determination shall be made by the Director of Classified Personnel and Support Services. E. Employees who transfer from another job classification shall complete a thirty (30) calendar day probationary period. Except those positions that do not have regular job responsibilities during summer months. In such cases the event probationary period shall commence at the beginning of each school year. Upon written mutual agreement between the employee and their supervisor the probationary period may be reduced. Employees who transfer from another classification shall be placed at the same step of the new 1. Director of Classified Personnel & Support Services. 2. An individual currently employed in the classification being bid upon, as chosen by the Union. Union President shall also be present as an observer. 3. Supervisor (other than the department who made the decision to return the employee) chosen by the Board. The Director of Classified Personnel and Support Services shall prepare a report of the meeting and make the final decision as to whether the employee shall be returned to his/her former assignment. However, the final decision of the Director of Classified Personnel and Support Services and the reason for the return is not subject to the grievance procedure. If a bargaining unit member took a test for the position, as discussed in paragraph (B) above, he/she may only be returned to his/her former position for just cause. If there is vacated due to, but not limited to, a resignation, termination, or transfer, a substitute may work up disagreement as to a maximum of 60 work days. Substitutes may work longer than whether the 60 work day maximum only if an appropriate employer had just cause to return the bargaining unit member to his/her former position, in addition to the foregoing procedure, the employee may resort to the grievance procedure set forth in Article 3. The Board of Education shall decline a transfer bid if the employee's attendance is less than ninety-six percent (96%) of the scheduled contracted hours per year, in each of the two (2) years preceding the bid. The following absences do not available to fill the vacated positioncount in any regard in calculating attendance under this paragraph.

Transfer and Promotion. A. When vacancies occur Section 1. All job openings will be conspicuously posted for five (5) working days in any all work areas within the bargaining unit position or when a new position is createdunit. The posting shall contain the job title, an announcement containing a job description, classification pay grade, rate of pay, shift and pertinent information relating to in the position case of temporary vacancies, the duration of the vacancy. The job posting will include location for informational purposes only and will not be posted electronically as specified in this paragraphconsidered a permanent part of the job classification. Instructions for bidding on the job will also be included. B. No vacancy shall be filled except on a temporary basis until such vacancy shall have been electronically posted with all bargaining unit members for at least seven (7) school daysSection 2. In the event school is not in session, bargaining unit members shall be notified by electronic mail of any existing vacancies. 10 or 11 month bargaining unit members who may not have ready access All interested bidders are required to email during the summer period may make written request each year to receive such posting by mail. Bargaining unit members desiring complete an online application to be considered for an announced vacancy must make written application the posted position. a.) For Grade five (5) and below positions in the Facilities and Food Service Units, the job will be awarded to the designated administrative office during bidder with the most bargaining unit seniority who is qualified to perform the job in question. b.) For Grade six (6) and above positions in the Facilities and Food Service Units, and Grade twenty-seven (27) and above positions in the Library Unit, the job will be awarded to one of the three qualified bidders with the most bargaining unit seniority and selected by the hiring department. All things being relatively equal, the job will be awarded to the bidder with the most bargaining unit seniority. Section 4. The qualified bidders are those who possess the "Minimum Requirements" listed in the job description for the posted position. No employee shall be considered who has a valid written warning on file which is less than 180 calendar days old from the date of the warning to the date of the posting or has not completed the required online application. Section 5. Any employee who has failed to complete the trial period for a position is not eligible to bid for that position for a one-year period. Section 6. All those applying If there are no interested or qualified bidders within the bargaining unit to fill a vacancy, the Employer shall have the right to hire qualified applicants from outside the bargaining unit. a.) An employee transferred or promoted through the job bidding b.) While an employee is serving a trial period, he/she is prohibited from bidding for another job. c.) Upon satisfactory completion of the trial period, the employee cannot transfer out of that position for nine (9) months except when awarded a higher classification in accordance with Article 16, section 3 or by mutual agreement between the Employer and the Union. d.) If an employee does not successfully complete the trial period the University may either repost the position or, upon the consent of the union, select the next senior qualified bidder from the original pool of qualified bidders. Section 8. If an employee does not satisfactorily complete the trial period, the Employer will provide copies of any available written trial period evaluations to the employee and departmental Chief Xxxxxxx. The employee can grieve the Employer's decision. Section 9. The University will provide the list of bargaining unit employees who have bid on an open bargaining unit position to the posted qualifications shall be granted an interview and Chief Xxxxxxx within five (5) workdays of the posting end date. The Chief Xxxxxxx will be notified sent the name of the decision regarding employee awarded the appointment job once the position has been filled a.) When a bargaining unit employee is awarded a temporary position through the bidding process, and the temporary position is of a higher classification, the bargaining unit employee will be paid at the higher of the following two rates, but not to exceed the job rate for higher classification: 1) At a rate that is $.50 (fifty cents) per hour more than the employee’s hourly base rate of pay in writing. All employees who work in their permanent position; 2) At a rate that is 5% below the posted classification and apply job rate of the title of the temporary position If adding $.50 to the employee’s underlying base rate of pay would cause their hourly base rate to exceed the job rate, the employee will be paid at the job rate for the open higher classification.‌ b.) When a bargaining unit employee is awarded a temporary position shall through the bidding process and it is a position in a lower classification, the bargaining unit employee will be interviewedpaid the job rate of the new classification or his/her regular rate of pay whichever is less. C. The Association President c.) When possible, for employees in an open-ended temporary assignment, the University shall be furnished an electronic copy of each posting and a provide two (2) weeks’ notice of the final decision within three (3) working daysend date of the temporary assignment. D. In d.) If there are no bargaining unit applicants that meet the event it is necessary to use someone in a full or part-time position (other than a substitute), such position shall remain for no more than sixty (60) calendar days at that pay rate after which it must be electronically posted or abolished. In the event the person filling such position applies upon the proper posting minimum requirements of the position (this may be less than forty hours)temporary vacancy that the department seeks to fill, the probationary period department, within its sole discretion, may fill the temporary vacancy with one of the “unqualified” bargaining unit applicants who will be waived after deemed an “assistant” to the employee has worked sixty position title (60e.g. “Assistant Groundskeeper”) calendar days. E. In for as long as they serve in the event temporary opportunity. When a bargaining unit position employee is vacated due to, but not limited to, a resignation, termination, or transfer, a substitute may work up selected to be an “assistant” to a maximum title that is of 60 work days. Substitutes may work longer a higher classification than the 60 work day maximum only if an appropriate employee’s permanent position, the bargaining unit member employee (i.e. “assistant”) will be paid using whichever one of the following methods results in the highest hourly rate of pay in the temporary role: 1) At the rate of 10% below the job rate for the title of the temporary position that is not available to fill being filled; or 2) At a rate that is $0.15 (fifteen cents) per hour more than the vacated employee’s hourly base rate of pay in their permanent position; or 3) At the employee’s regular rate of pay if the regular rate falls within the salary range for the title of the temporary opportunity.

Transfer and Promotion. A. When All vacancies occur in any the bargaining unit position or when a new position is created, an announcement containing a job description, classification and pertinent information relating to the position will be posted electronically as specified in this paragraph. B. No vacancy shall be filled except on a temporary basis until such vacancy shall have been electronically posted with all bargaining unit members for at least seven (7) school daysconsecutive days prior to being filled. Bids on posted positions will be accepted by the Employer on a twenty-four (24) hour basis through established procedures. Positions will be awarded to employees in the following order: employees seeking a transfer, employees seeking a promotion, outside applicants. B. An employee seeking transfer to a position within his/her job classification shall be awarded the position on the basis of seniority provided that the employee has a standard job evaluation and has not received a Disciplinary Suspension within the ninety (90) days prior to the bid. C. An employee seeking promotion shall be awarded the position on the basis of merit and ability (through an objective management evaluation tool) provided that seniority shall be used when merit and ability are equal. D. Positions under B and C above shall normally be awarded within twenty-one (21) days of the close of the seven (7) day posting period. However, the Employer may request a waiver from the Union of up to twenty-one (21) additional days to award a position. E. The Employer may transfer employees facility-wide between job classifications subject only to the following limitations: 1. No employee shall suffer any reduction in wages or benefits as a result of a temporary transfer which is defined as any transfer of less than fourteen (14) calendar days in duration; 2. Any employee who is to be temporarily transferred shall be notified of such transfer at least two (2) calendar days prior to the effective date except in cases of unforeseen circumstances; 3. No employee will be permanently transferred to a different classification without his/her consent; 4. The Employer shall not utilize its power to transfer an employee for the purpose of circumventing its obligations under the layoff and recall provisions of Section 9. F. An employee temporarily or permanently transferred to a higher paying classification shall be paid at a salary step equivalent to at least five percent (5%) higher than the rate earned in his/her previous position. In the event school is not in sessioncase of a permanent transfer, bargaining unit members for purposes of salary progression only, the employee's anniversary date shall be notified by electronic mail of any existing vacancies. 10 or 11 month bargaining unit members who may not have ready access adjusted to email during the summer period may make written request each year to receive such posting by mail. Bargaining unit members desiring to be considered for an announced vacancy must make written application correspond to the designated administrative office during the posting period. All those applying who have the posted qualifications shall be granted an interview and will be notified beginning of the decision regarding pay period nearest to the appointment in writing. All employees who work in effective date of the posted classification and apply for the open position shall be interviewedtransfer. C. The Association President G. During the first one hundred and eighty (180) days of employment an employee shall be furnished an electronic copy of each posting and not initiate a notice of the final decision within three (3) working daystransfer or reclassification. D. In the event it is necessary to use someone in a full or part-time position (other than a substitute), such position shall remain for no more than sixty (60) calendar days at that pay rate after which it must be electronically posted or abolished. In the event the person filling such position applies upon the proper posting of the position (this may be less than forty hours), the probationary period may be waived after the employee has worked sixty (60) calendar days. E. In the event a bargaining unit position is vacated due to, but not limited to, a resignation, termination, or transfer, a substitute may work up to a maximum of 60 work days. Substitutes may work longer than the 60 work day maximum only if an appropriate bargaining unit member is not available to fill the vacated position.