Common use of Use of Seniority Clause in Contracts

Use of Seniority. Insofar as practicable, employees covered by this Agreement shall have seniority rights in grade, and insofar as practicable, seniority shall prevail with respect to the following: a. Transfers to any position within the department; provided, however, that with respect to transfers from one division to another division within the department, the only bid position will be the lowest ranking one in the division. All positions above the lowest ranking one in the division shall be filled, if vacant, by either promotions from within the division or by a transfer made by the Chief of the Department. b. Days off, holidays, and any and all circumstances or situations by whatever name they may be given, except as provided in Paragraph (a) above; provided, however, that an employee may reject the position or benefit at his or her discretion without the need of any explanation on his or her part. Further, in the event that an employee shall reject a position or benefit, it shall not be construed as a waiver of his or her seniority rights in any subsequent situation where seniority would prevail. c. In order to implement the foregoing, a bid system is hereby established under which employees may bid for jobs or positions. Whenever there is a vacancy, the vacancy shall be posted and all employees in the order of their seniority shall have an opportunity to bid on said position. The senior employee shall be awarded the bid. The successful bidder for any job shall be entitled to a reasonable trial period of not more than sixty (60) calendar days to determine whether he or she can acquire the skills necessary for the performance of said job in a reasonably satisfactory manner; provided, however, that in cases where the City and Local 2748 so mutually agree, such trial period shall not be mandatory. At the end of sixty (60) calendar days from the date of trial transfer, the employee shall be considered as being transferred in accordance with the provisions of this Section except in cases where the City and Local 2748 may mutually agree to extend such trial period.

Use of Seniority. Insofar as practicable, employees covered by this Agreement shall have seniority rights in grade, and insofar as practicable, seniority shall prevail with respect to the following: a. Transfers to any position within the department; provided, however, that with respect to transfers from one division to another division within the department, the only bid position will be the lowest ranking one in the division. All positions above the lowest ranking one in the division shall be filled, if vacant, by either promotions from within the division or by a transfer made by the Chief of the Department. b. Days off, holidays, and any and all circumstances or situations by whatever name they may be given, except as provided in Paragraph (a) above; provided, however, that an employee may reject the position or benefit at his or her discretion without the need of any explanation on his or her part. Further, in the event that an employee shall reject a position or benefit, it shall not be construed as a waiver of his or her seniority rights in any subsequent situation where seniority would prevail. c. In order to implement the foregoing, a bid system is hereby established under which employees may bid for jobs or positions. Whenever there is a vacancy, the vacancy shall be posted and all employees in the order of their seniority shall have an opportunity oppor- tunity to bid on said position. The senior employee shall be awarded the bid. The successful bidder for any job shall be entitled to a reasonable trial period of not more than sixty (60) calendar days to determine whether he or she can acquire the skills necessary for the performance of said job in a reasonably satisfactory manner; providedpro- vided, however, that in cases where the City and Local 2748 so mutually agree, such trial period shall not be mandatory. At the end of sixty (60) calendar days from the date of trial transfer, the employee shall be considered as being transferred in accordance accor- dance with the provisions of this Section except in cases where the City and Local 2748 may mutually agree to extend such trial period. If, during the trial period, the City removes the employee from such position for al- leged lack of reasonable progress in said position the employee shall have the right to file a grievance in accordance with the grievance provisions of this Agreement.