TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may apply. Upon posting applicants may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: a) knowledge, experience, and ability; b) any job related tests, c), background/reference checks, d) agency budget/financial considerations, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service date. (Department of Transportation employees covered by this Contract see Appendix D for vacancy posting provisions.) (Department of Health and Human Services employees covered by this Contract see Appendix C for vacancy posting provisions.) 9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when: a. the vacant position is filled by an employee displaced by layoff; b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act; c. a position is reclassified and the employee remains in that position;
Appears in 3 contracts
Samples: Labor Contract, Labor Contract, Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may apply. Upon posting applicants may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: a) knowledge, experience, and ability; b) any job related tests, c), background/reference checks, d) agency budget/financial considerations, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service date. (Department of Transportation Roads employees covered by this Contract see Appendix D for vacancy posting provisions.) (Department of Health and Human Services DHHS employees covered by this Contract see Appendix C for vacancy posting provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
d. the vacant position is filled by a bargaining unit employee receiving an appropriate disciplinary demotion.
e. the vacant position is filled as a result of a grievance or litigation settlement, court order, State Personnel Board order, order of the Nebraska Equal Opportunity Commission, or the U.S. Equal Employment Opportunity Commission;
f. In job sharing situations when it has been determined by management that positions occupied by two or more employees with part-time status are to be converted to a position with one full time employee, it should be first offered to the most senior employee occupying the position. If declined, management will offer the position to next senior employee and so forth. If all occupants decline full-time status, then the position will be filled through provision of 9.1 and current employees will be displaced.
9.3 No employee shall be transferred to a position assigned to a classification with a lower minimum rate of pay with no salary reduction and then promoted to a position assigned to a classification with a minimum rate of pay as high as that of the previously held classification with a salary increase within one year. Employees not selected for transfer or promotion shall be notified. Upon request, employees will be afforded the opportunity to meet and discuss what is needed to qualify for the position in the future.
9.3.1 Promotion and transfer of employees shall not change the employee's state seniority date (state seniority date is defined as the employee's service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves, of more than 14 calendar days).
Appears in 2 contracts
Samples: Labor Contract, Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in The Employer shall make reasonable efforts to post vacancies internally at least one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may applyday prior to external advertisements. Upon posting applicants employees may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: of a) knowledge, experience, and ability; b) any job related tests, and c), background/reference checks, d) agency budget/financial considerationsAgency affirmative action plans, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected selected.
9.1.1 To reduce the time positions are vacant, the following procedure will be implemented to expedite the selection process for specified classes mutually agreed to by using the employee’s continuous State service dateagency and the union. A work reassignment opportunity (WRO) process will be announced at the same time that positions are opened as outlined in the first paragraph of this Section. A WRO is the process of laterally filling positions by allowing only those employees to transfer who currently hold the same title and level as the vacant position within an agency. Only current employees with satisfactory or above performance, who are not on original or promotion probation, are eligible to use the WRO process. (Department of Transportation employees covered by this Contract see Appendix D for vacancy posting provisionsSection 9.1.1 does not apply to E Bargaining Unit employees.) (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.2 Employees receiving any formal disciplinary action which documents negative performance related since the last performance evaluation, will be considered ineligible for this type of transfer opportunity. However, if the disciplinary action has been resolved through verification by the current supervisor, that employee shall be considered eligible. (Section 9.1.2 does not apply to E Bargaining Unit employees.) (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.3 Once an employee successfully uses the WRO process to transfer, they may not use the WRO process again for the next 12 months. If more than one person volunteers to transfer through the WRO process, the person selected will be the employee with the most time in that classification series as an employee of the agency. Part time employees will have their time pro-rated when calculating time. Should no one apply to transfer via the WRO process, the position will be filled following the provisions outlined in the first paragraph of this Section. If the position is filled through the WRO process, unsuccessful applicants will be notified that the position was filled through this process. (Section 9.1.3 does not apply to E Bargaining Unit employees.) (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.4 In situations where the agency can demonstrate that certain qualifications and/or experience is necessary to perform the job (those specific qualifications/experiences shall be listed on the WRO posting), then the transfer opportunity shall be offered to applying employees in descending order based upon time in the class series until an employee is found who meets these criteria or until all employees applying have been considered, whichever occurs first. If no applicant qualifies through this process, the vacant position shall be advertised as provided in Section 9.1. (Section 9.1.4 does not apply to E Bargaining Unit employees.) (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.) (Department of Roads employees covered by this Contract see Appendix D for vacancy posting provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
Appears in 1 contract
Samples: Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in The Employer shall make reasonable efforts to post vacancies internally at least one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may applyday prior to external advertisements. Upon posting applicants employees may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: of a) knowledge, experience, and ability; b) any job related tests, and c), background/reference checks, d) agency budget/financial considerationsAgency affirmative action plans, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service dateselected. (Department of Transportation Roads employees covered by this Contract see Appendix D for vacancy posting provisions.)
9.1.1 To reduce the time positions are vacant, the following procedure will be implemented to expedite the selection process for specified classes mutually agreed to by the agency and the union. A work reassignment opportunity (WRO) process will be announced at the same time that positions are opened as outlined in the first paragraph of this Section. A WRO is the process of laterally filling positions by allowing only those employees to transfer who currently hold the same title and level as the vacant position within an agency identified organizational unit. Only current employees with satisfactory or above performance, who are not on original or promotion probation, are eligible to use the WRO process. (Department of Health and Human Services employees covered by this Contract see Appendix C for vacancy posting WRO provisions.)
9.2 For purposes of this Article9.1.2 Employees receiving any formal disciplinary action which documents negative performance related since the last performance evaluation, a job will not be considered to have been vacantineligible for this type of transfer opportunity. However, if a qualified the disciplinary action has been resolved through verification by the current supervisor, that employee shall be considered eligible. (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.3 Once an employee successfully uses the WRO process to transfer, they may not use the WRO process again for the next 12 months. If more than one person volunteers to transfer through the WRO process, the person selected will be the employee with the most time in that classification series as an employee of the Agency is placed agency. Part time employees will have their time pro-rated when calculating time. Should no one apply to transfer via the WRO process, the position will be filled following the provisions outlined in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions first paragraph of this sectionSection. Posting of jobs shall not be required when:
a. If the vacant position is filled through the WRO process, unsuccessful applicants will be notified that the position was filled through this process. (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.4 In situations where the agency can demonstrate that certain qualifications and/or experience is necessary to perform the job (those specific qualifications/experiences shall be listed on the WRO posting), then the transfer opportunity shall be offered to applying employees in descending order based upon time in the class series until an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee found who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;meets these criteria or until all employees applying have been considered,
Appears in 1 contract
Samples: Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in The Employer shall make reasonable efforts to post vacancies internally at least one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may applyday prior to external advertisements. Upon posting applicants employees may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: of a) knowledge, experience, and ability; b) any job related tests, and c), background/reference checks, d) agency budget/financial considerationsAgency affirmative action plans, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service dateselected. (Department of Transportation Roads employees covered by this Contract see Appendix D for vacancy posting provisions.)
9.1.1 To reduce the time positions are vacant, the following procedure will be implemented to expedite the selection process for specified classes mutually agreed to by the agency and the union. A work reassignment opportunity (WRO) process will be announced at the same time that positions are opened as outlined in the first paragraph of this Section. A WRO is the process of laterally filling positions by allowing only those employees to transfer who currently hold the same title and level as the vacant position within an agency identified organizational unit. Only current employees with satisfactory or above performance, who are not on original or promotion probation, are eligible to use the WRO process. (Department of Health and Human Services employees covered by this Contract see Appendix C for vacancy posting WRO provisions.)
9.1.2 Employees receiving any formal disciplinary action which documents negative performance related since the last performance evaluation, will be considered ineligible for this type of transfer opportunity. However, if the disciplinary action has been resolved through verification by the current supervisor, that employee shall be considered eligible. (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.3 Once an employee successfully uses the WRO process to transfer, they may not use the WRO process again for the next 12 months. If more than one person volunteers to transfer through the WRO process, the person selected will be the employee with the most time in that classification series as an employee of the agency. Part time employees will have their time pro-rated when calculating time. Should no one apply to transfer via the WRO process, the position will be filled following the provisions outlined in the first paragraph of this Section. If the position is filled through the WRO process, unsuccessful applicants will be notified that the position was filled through this process. (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.1.4 In situations where the agency can demonstrate that certain qualifications and/or experience is necessary to perform the job (those specific qualifications/experiences shall be listed on the WRO posting), then the transfer opportunity shall be offered to applying employees in descending order based upon time in the class series until an employee is found who meets these criteria or until all employees applying have been considered, whichever occurs first. If no applicant qualifies through this process, the vacant position shall be advertised as provided in Section 9.1. (Department of Health and Human Services employees covered by this Contract see Appendix C for WRO provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
d. the vacant position is filled by a bargaining unit employee receiving an appropriate disciplinary demotion.
e. the vacant position is filled as a result of a grievance or litigation settlement, court order, State Personnel Board order, order of the Nebraska Equal Opportunity Commission, or the U.S. Equal Employment Opportunity Commission;
f. In job sharing situations when it has been determined by management that positions occupied by two or more employees with part-time status are to be converted to a position with one full time employee, it should be first offered to the most senior employee occupying the position. If declined, management will offer the position to next senior employee and so forth. If all occupants decline full-time status, then the position will be filled through provision of 9.1 and current employees will be displaced.
9.3 No employee shall be transferred to a position of a lower salary grade with no salary reduction and then promoted to a salary grade as high as the previously held salary grade with a salary increase within one year. Employees not selected for transfer or promotion shall be notified. Upon request, employees will be afforded the opportunity to meet and discuss what is needed to qualify for the position in the future.
9.3.1 Promotion and transfer of employees shall not change the employee's state seniority date (state seniority date is defined as the employee's service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves, of more than 14 calendar days).
Appears in 1 contract
Samples: Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in The Employer shall make reasonable efforts to post vacancies internally at least one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may applyday prior to external advertisements. Upon posting applicants employees may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: a) knowledge, experience, and ability; b) any job related tests, and c), background/reference checks, d) agency budget/financial considerationsAgency affirmative action plans, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service dateselected. (Department of Transportation Roads employees covered by this Contract see Appendix D for vacancy posting provisions.) (Department of Health and Human Services DHHS employees covered by this Contract see Appendix C for vacancy posting provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
d. the vacant position is filled by a bargaining unit employee receiving an appropriate disciplinary demotion.
e. the vacant position is filled as a result of a grievance or litigation settlement, court order, State Personnel Board order, order of the Nebraska Equal Opportunity Commission, or the U.S. Equal Employment Opportunity Commission;
f. In job sharing situations when it has been determined by management that positions occupied by two or more employees with part-time status are to be converted to a position with one full time employee, it should be first offered to the most senior employee occupying the position. If declined, management will offer the position to next senior employee and so forth. If all occupants decline full-time status, then the position will be filled through provision of 9.1 and current employees will be displaced.
9.3 No employee shall be transferred to a position assigned to a classification with a lower minimum rate of pay with no salary reduction and then promoted to a position assigned to a classification with a minimum rate of pay as high as that of the previously held classification with a salary increase within one year. Employees not selected for transfer or promotion shall be notified. Upon request, employees will be afforded the opportunity to meet and discuss what is needed to qualify for the position in the future.
9.3.1 Promotion and transfer of employees shall not change the employee's state seniority date (state seniority date is defined as the employee's service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves, of more than 14 calendar days).
Appears in 1 contract
Samples: Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in The Employer shall make reasonable efforts to post vacancies internally at least one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may applyday prior to external advertisements. Upon posting applicants employees may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: of a) knowledge, experience, and ability; b) any job related tests, and c), background/reference checks, d) agency budget/financial considerationsAgency affirmative action plans, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service dateselected. (Department of Transportation Roads employees covered by this Contract see Appendix D for vacancy posting provisions.) (Department of Health and Human Services HHSS employees covered by this Contract see Appendix C for vacancy posting provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
d. the vacant position is filled by a bargaining unit employee receiving an appropriate disciplinary demotion.
e. the vacant position is filled as a result of a grievance or litigation settlement, court order, State Personnel Board order, order of the Nebraska Equal Opportunity Commission, or the U.S. Equal Employment Opportunity Commission;
f. In job sharing situations when it has been determined by management that positions occupied by two or more employees with part-time status are to be converted to a position with one full time employee, it should be first offered to the most senior employee occupying the position. If declined, management will offer the position to next senior employee and so forth. If all occupants decline full-time status, then the position will be filled through provision of 9.1 and current employees will be displaced.
9.3 No employee shall be transferred to a position of a lower salary grade with no salary reduction and then promoted to a salary grade as high as the previously held salary grade with a salary increase within one year. Employees not selected for transfer or promotion shall be notified. Upon request, employees will be afforded the opportunity to meet and discuss what is needed to qualify for the position in the future.
9.3.1 Promotion and transfer of employees shall not change the employee's state seniority date (state seniority date is defined as the employee's service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves, of more than 14 calendar days).
Appears in 1 contract
Samples: Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS.
9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may apply. Upon posting applicants may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: a) knowledge, experience, and ability; b) any job related tests, c), background/reference checks, d) agency budget/financial considerations, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service date. (Department of Transportation employees covered by this Contract see Appendix D for vacancy posting provisions.) (Department of Health and Human Services employees covered by this Contract see Appendix C for vacancy posting provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
d. the vacant position is filled by a bargaining unit employee receiving an appropriate disciplinary demotion.
e. the vacant position is filled as a result of a grievance or litigation settlement, court order, State Personnel Board order, order of the Nebraska Equal Opportunity Commission, or the U.S. Equal Employment Opportunity Commission;
f. In job sharing situations when it has been determined by management that positions occupied by two or more employees with part-time status are to be converted to a position with one full time employee, it should be first offered to the most senior employee occupying the position. If declined, management will offer the position to next senior employee and so forth. If all occupants decline full-time status, then the position will be filled through provision of 9.1 and current employees will be displaced.
9.3 No employee shall be transferred to a position assigned to a classification with a lower minimum rate of pay with no salary reduction and then promoted to a position assigned to a classification with a minimum rate of pay as high as that of the previously held classification with a salary increase within one year. Employees not selected for transfer or promotion shall be notified. Upon request, employees will be afforded the opportunity to meet and discuss what is needed to qualify for the position in the future.
9.3.1 Promotion and transfer of employees shall not change the employee's state seniority date (state seniority date is defined as the employee's service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves, of more than 14 calendar days).
Appears in 1 contract
Samples: Labor Contract
TRANSFERS, PROMOTIONS, AND FILLING VACANT POSITIONS. 9.1 Whenever a vacancy occurs in a position the Employer intends to fill in any bargaining unit, a notice of such vacancy shall be posted on bulletin boards, or electronic bulletin boards where used, normally used for communicating with bargaining unit employees in the Agency or specific facility in which the vacancy exists stating the job title, description, qualifications, shift, designated days off, and work area, date of availability, pay range, and closing date for applications. Exclusions to vacancy posting relating to specific agencies may be mutually agreed to in writing by the parties. Postings will be made in The Employer shall make reasonable efforts to post vacancies internally at least one or more of the following ways: Internal Posting meaning internal within the Agency; State Internal Posting meaning any permanent Classified System employee may apply; or External Posting meaning State and non-State employees may applyday prior to external advertisements. Upon posting applicants employees may apply for the position in writing for a period of not less than seven calendar days. The Employer shall fill job vacancies using factors of: of a) knowledge, experience, and ability; b) any job related tests, and c), background/reference checks, d) agency budget/financial considerationsAgency affirmative action plans, and e) Veteran's preference, which shall be applied consistently among applicants. Where applicants rate substantially the same on such factors, permanent state employee applicants shall be selected, and where two state employee applicants rate substantially the same, the more senior employee shall be selected by using the employee’s continuous State service dateselected. (Department of Transportation Roads employees covered by this Contract see Appendix D for vacancy posting provisions.) (Department of Health and Human Services employees covered by this Contract see Appendix C for vacancy posting provisions.)
9.2 For purposes of this Article, a job will not be considered to have been vacant, if a qualified employee of the Agency is placed in the position, when such placement is the result of one of the situations listed below. Posting of a job opening does not waive the Agency's right to exercise the provisions of this section. Posting of jobs shall not be required when:
a. the vacant position is filled by an employee displaced by layoff;
b. the vacant position is filled due to the reasonable accommodation of an employee who has a qualifying disability according to the Americans with Disabilities Act;
c. a position is reclassified and the employee remains in that position;
d. the vacant position is filled by a bargaining unit employee receiving an appropriate disciplinary demotion.
e. the vacant position is filled as a result of a grievance or litigation settlement, court order, State Personnel Board order, order of the Nebraska Equal Opportunity Commission, or the U.S. Equal Employment Opportunity Commission;
f. In job sharing situations when it has been determined by management that positions occupied by two or more employees with part-time status are to be converted to a position with one full time employee, it should be first offered to the most senior employee occupying the position. If declined, management will offer the position to next senior employee and so forth. If all occupants decline full-time status, then the position will be filled through provision of 9.1 and current employees will be displaced.
9.3 No employee shall be transferred to a position of a lower salary grade with no salary reduction and then promoted to a salary grade as high as the previously held salary grade with a salary increase within one year. Employees not selected for transfer or promotion shall be notified. Upon request, employees will be afforded the opportunity to meet and discuss what is needed to qualify for the position in the future.
9.3.1 Promotion and transfer of employees shall not change the employee's state seniority date (state seniority date is defined as the employee's service anniversary date as adjusted for leaves of absence, layoffs, suspensions, or unpaid leaves, of more than 14 calendar days).
Appears in 1 contract
Samples: Labor Contract
