VACANCIES IN CLASSIFIED POSITIONS. A. When the Board determines that a vacancy in a classified position exists, the position will be posted in each school facility for a period of five (5) days for consideration by all employees and applicants. If a school is closed, the posting will be made at the Administration building on a designated bulletin board. Copies of posted vacancies will be forwarded to the Association President. The vacancy notice shall include a copy of the job description, the rate of pay, and classification. B. With regard to filling all vacant positions, whether by promotion or transfer, it is understood that the Board has wide discretion and authority to hire the most qualified candidate taking into consideration, but not necessarily limited to qualifications, training, performance, and seniority. Therefore, in a grievance proceeding challenging a selection of a candidate to fill a bargaining unit vacancy, the burden shall be on the Association to prove that the determination or selection was an abuse of discretion, arbitrary, or capricious. Any current employee, meeting minimum qualifications, who bids for a posted bargaining unit vacancy, shall be given consideration and shall be entitled to interview as a candidate for the vacancy. C. In the event of a successful grievance contesting a determination on qualification or a selection based upon qualifications, training, and performance, the remedy shall be to place the grievant in the vacancy within thirty (30) days from arbitrator’s ruling with an award of back pay. The person displaced by the successful grievant shall be entitled to a similar vacancy elsewhere, when available.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
