Common use of Work Force Changes Clause in Contracts

Work Force Changes. ‌ Section 1. Promotion & Filling of Vacancies (Non-Competitive) (a) The term promotion means the advancement of an employee to a higher position or the reassignment of any employee to a higher paying position. Upon promotion, an employee shall receive the salary equal to the step that is at least one-half (1/2) increment of the new salary grade above his/her present salary. (b) Whenever an opportunity for promotion occurs or a job opening occurs in other than a temporary situation in any existing job classification, or as the result of the development or establishment of a new job classification, a notice of such openings shall be posted on all bulletin boards, stating the job classification, rate of pay and the nature of the job requirements in order to qualify. The PEF Council Leader shall be given a copy of all postings when they occur. Such posting shall be for a period of not less than five (5) work days. (c) During this period, employees who wish to apply for the open position, including employees on layoff, may do so. The application shall be in writing, and it shall be submitted to the employee's immediate supervisor. (d) The Employer shall fill job openings or vacancies from among those bargaining unit employees who have applied and meet the job requirements (which may include the employee's work record). When more than one employee is equally qualified, the employee with the greatest seniority will be awarded the position. (e) Any employee selected in accordance with the procedure set forth above shall undergo a probationary period of twelve (12) weeks unless the County waives the probationary period in writing or the twelve (12) week probationary period is reduced to between four (4) and twelve (12) weeks by the mutual written agreement of the President of PEF, or his/her designee, and the County. If it is found that such employee does not meet the requirements or responsibilities of the position to which he/she has been selected during the probationary (trial) period, then such employee shall be restored to his/her former position. The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during the probationary (trial) period at least fourteen (14) calendar days prior to the end of such probationary period. At the employee’s request, the County Administrator or his/her designee will meet with the employee to review the terms of the 14-day notice. The employee may request the participation of the PEF representative at the review meeting. If the employer determines that the employee does not meet the requirements of the position, the employee maintains the right to challenge such a determination through the grievance procedure. (f) The Union shall be notified by the Employer in writing immediately upon any job vacancies occurring by reason of resignation, retirement, or 'just cause" discharge. Section 2. Promotion and Filling of Vacancies (Competitive Classification) (a) All permanent and temporary job openings which last more than thirty (30) working days will be posted. (b) It is understood and agreed that whenever examinations are requested of the Department of Civil Service of Allegany County for the purpose of establishing a Civil Service Eligibility List of persons to be considered for filling positions coming under the scope of the New York State Civil Service Law and covered by this Agreement, the Employer shall request that both a Promotional List and an Open Competitive List of Eligibility be established, the Promotion List being restricted solely to employees already in the employ of the Employer. (c) Whenever a job opening occurs in competitive civil service job classifications, the normal procedure for the selection of candidates from an appropriate civil service eligibility list shall apply, except: 1) That candidates on the established promotional list shall be given preference before any consideration may be given to names appearing on the open competitive list; 2) A departmental employee who bids the position and meets the civil service requirements shall be given preference. If appointment is to a higher graded position, it shall be treated as a promotion; 3) An employee appointed to a higher graded position in another department shall be treated as a promotion. Selection of appointment in this instance rests solely with the appointing authority. (d) Employees promoted within competitive classifications will undergo a probationary term of twelve (12) weeks unless the County and the President of PEF, or his/her designee, mutually agree in writing to reduce the probationary period to a period between four (4) and twelve (12) weeks. If the employee is promoted off an open competitive list, he or she will undergo a probationary term of fifty-two (52) weeks unless the President of PEF, or his/her designee, and the County agree in writing to reduce the probationary period to anything between eight (8) and fifty-two (52) weeks. (e) The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during their probationary period at least fourteen (14) calendar days prior to the end of such probationary period. If the employer determines that the employee does not meet the requirements of the position the employee maintains the right to challenge such a determination through the grievance procedure. Section 3. Temporary Job Openings (a) Temporary Job Openings are defined as job vacancies that may periodically develop in any job classification because of illness, vacation, or leave of absence or for any other reason. Job openings that recur on a regular basis shall be considered temporary job openings. (b) Temporary job openings in higher classifications shall be filled by Employer assignment or re- assignment, and the assignment or re-assignment shall be made in terms of a promotion based upon seniority and qualification before a new employee or temporary employee is hired. When it is necessary for higher classification employees to work in lower classification and no one volunteers for such assignment, then the least senior employee in the classification nearest the lower classification or work to be performed shall be selected and so on up until the necessary employees required has been achieved. (c) Employees assigned to temporary job openings shall be paid the wage rate established for the job or their own wage rate, whichever is higher no later than the next regular payroll check. (d) Employees will not be paid the higher rate of pay within a higher classification when they perform out-of-title work for less than half (1/2) day. Out of title work shall be offered first to qualified unit employees on the basis of seniority.

Work Force Changes. ‌ Section 1. Promotion & Filling of Vacancies (Non-Competitive) (a) Promotions - The term promotion promotion, as used in this provision, means the advancement of an employee to a higher position or the reassignment of any employee to a higher paying position. Upon promotion, ; or reassignment of an employee shall receive -- at the salary equal Town's discretion -- to a position the Town considers being in the employee's best interest regardless of the rate of pay (upon) medical certification). The Employee will be placed on the step that is of said position classification which will provide the Employee with at least a three- and one-half percent (1/23.5%) increment of the new salary grade above his/her present salarypay increase. (ba) Whenever an opportunity for promotion occurs or a job opening occurs in -- other than a temporary situation opening as defined below -- in any existing job classification, classification or as the a result of the development or establishment of a new job classificationclassifications, a notice of such openings shall be posted on all bulletin boards, stating the job classification, rate of pay and the nature of the job requirements in order to qualify. The PEF Council Leader shall be given a copy of all postings when they occur. Such posting shall be boards for a period of not less than five ten (510) work working days. (cb) During this period, employees who wish to apply for the open position, position or job -- including employees on layoff, layoff may do so. The application shall be in writing, and it shall be submitted to the employee's ’s immediate supervisor. (d) The Employer shall fill job openings or vacancies from among those bargaining unit employees who have applied and meet the job requirements (which may include the employee's work record). When more than one employee is equally qualifiedSupervisor, the employee with the greatest seniority will be awarded the position. (e) Any employee selected in accordance with the procedure set forth above shall undergo a probationary period of twelve (12) weeks unless the County waives the probationary period in writing or the twelve (12) week probationary period is reduced to between four (4) and twelve (12) weeks by the mutual written agreement of the President of PEF, or his/her designee, and the County. If it is found that such employee does not meet the requirements or responsibilities of the position to which he/she has been selected during the probationary (trial) period, then such employee shall be restored to his/her former position. The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during the probationary (trial) period at least fourteen (14) calendar days prior to the end of such probationary periodfor his recommendation. At the employee’s requesttime of application, the County Administrator or his/her designee will meet with the employee to review the terms of the 14-day notice. The employee may request the participation of the PEF representative at the review meeting. If the employer determines that the employee does not meet the requirements of the position, the employee maintains the right to challenge such a determination through the grievance procedure. (f) The Union copy shall be notified by presented to the Employer in writing immediately upon any job vacancies occurring by reason of resignation, retirement, or 'just cause" discharge. Section 2. Promotion and Filling of Vacancies (Competitive Classification) (a) All permanent and temporary job openings which last more than thirty (30) working days will be posted. (b) It is understood and agreed that whenever examinations are requested of the Department of Civil Service of Allegany County for the purpose of establishing a Civil Service Eligibility List of persons to be considered for filling positions coming under the scope of the New York State Civil Service Law and covered by this Agreement, the Employer shall request that both a Promotional List and an Open Competitive List of Eligibility be established, the Promotion List being restricted solely to employees already in the employ of the EmployerPersonnel Manager. (c) Whenever a Temporary job opening occurs in competitive civil service job classifications, the normal procedure for the selection of candidates from an appropriate civil service eligibility list shall apply, except: 1) That candidates on the established promotional list shall be given preference before any consideration may be given to names appearing on the open competitive list; 2) A departmental employee who bids the position and meets the civil service requirements shall be given preference. If appointment is to a higher graded position, it shall be treated as a promotion; 3) An employee appointed to a higher graded position in another department shall be treated as a promotion. Selection of appointment in this instance rests solely with the appointing authority. (d) Employees promoted within competitive classifications will undergo a probationary term of twelve (12) weeks unless the County and the President of PEF, or his/her designee, mutually agree in writing to reduce the probationary period to a period between four (4) and twelve (12) weeks. If the employee is promoted off an open competitive list, he or she will undergo a probationary term of fifty-two (52) weeks unless the President of PEF, or his/her designee, and the County agree in writing to reduce the probationary period to anything between eight (8) and fifty-two (52) weeks. (e) The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during their probationary period at least fourteen (14) calendar days prior to the end of such probationary period. If the employer determines that the employee does not meet the requirements of the position the employee maintains the right to challenge such a determination through the grievance procedure. Section 3. Temporary Job Openings (a) Temporary Job Openings openings are defined as job vacancies that may periodically develop in any job classification because of illness, vacation, or leave of absence or for any other reasonbut do not exceed 30 days. Job openings that recur on a regular basis or that remain open more than the 30 days at a time shall not be considered temporary job openings. (bd) Temporary job openings in higher classifications shall may be filled by Employer an employee assignment or re- assignment, and the assignment or re-assignment reassignment shall be made in terms of a promotion based upon seniority seniority, provided employee qualifies. Temporary assignments shall be considered as training assignments by which an employee may obtain experience that will enable him to qualify for future promotions. No employee shall be assigned to the same temporary job opening more than twice in any calendar year, unless the employee agrees in writing to the assignment. The request must be in writing and qualification before a new employee or temporary employee submitted to the employee's department supervisor, for his recommendation. It is hired. When it is necessary for higher classification the intent of this provision to prevent the repeated assignment of employees to work job vacancies designated as temporary job openings when such job openings could be filled in lower classification and no one volunteers for such assignment, then the least senior employee in the classification nearest the lower classification or work to be performed shall be selected and so on up until the necessary employees required has been achievedanother manner. (ce) Employees assigned to temporary job openings shall be paid the wage rate established for the job or their own wage rate, whichever is higher no later than the next regular payroll check. (d) Employees higher. Permanent jobs will not be paid the higher rate jeopardized for refusal of pay within a higher classification when they perform out-of-title work for less than half (1/2) dayvolunteer work. Out of title work shall The Employee will be offered first to qualified unit employees placed on the basis step of senioritysaid position classification which will provide the Employee with at least a three- and one-half percent (3.5%) pay increase.

Work Force Changes. ‌ Section 1. Promotion & Filling of Vacancies (Non-Competitive) (a) Promotions - The term promotion promotion, as used in this provision, means the advancement of an employee to a higher position or the reassignment of any employee to a higher paying position. Upon promotion, ; or reassignment of an employee shall receive -- at the salary equal Town's discretion -- to a position the step that is at least one-half (1/2) increment Town considers being in the employee's best interest regardless of the new salary grade above his/her present salaryrate of pay (upon) medical certification). (ba) Whenever an opportunity for promotion occurs or a job opening occurs in -- other than a temporary situation opening as defined below -- in any existing job classification, classification or as the a result of the development or establishment of a new job classificationclassifications, a notice of such openings shall be posted on all bulletin boards, stating the job classification, rate of pay and the nature of the job requirements in order to qualify. The PEF Council Leader shall be given a copy of all postings when they occur. Such posting shall be boards for a period of not less than five ten (510) work working days. (cb) During this period, employees who wish to apply for the open position, position or job -- including employees on layoff, layoff may do so. The application shall be in writing, and it shall be submitted to the employee's ’s immediate supervisorSupervisor, for his recommendation. At the time of application, a copy shall be presented to the Personnel Manager. (c) The Town and the Union agree to establish mutually acceptable promotional process for both Public Works and the Fire Department. The mutually agreed upon processes shall be attached to this Collective Bargaining Agreement as Appendixes. The deadline for the development of this process is December 15, 2014 and both parties agree to meet at least bi-weekly during that time period. If the parties fail to reach an agreement then the matter will go to mediation unless both parties agree to extend the deadline. Public Works: 2 management Reps and 2 union reps will serve on the committee. Fire: 1 management, 1 Captain and 1 Lieutenant will serve on the committee. Once a promotional process is developed the language in Article 13, Sec. 3, and Sec. 4 (c) will need to be rewritten to be consistent with the new promotional process.The Town shall fill the opening by promoting from among the applicants, the employee with the longest continuous service, provided employee qualifies, qualifications to be determined by the Town. (d) The Employer shall fill Temporary job openings or vacancies from among those bargaining unit employees who have applied and meet the job requirements (which may include the employee's work record). When more than one employee is equally qualified, the employee with the greatest seniority will be awarded the position. (e) Any employee selected in accordance with the procedure set forth above shall undergo a probationary period of twelve (12) weeks unless the County waives the probationary period in writing or the twelve (12) week probationary period is reduced to between four (4) and twelve (12) weeks by the mutual written agreement of the President of PEF, or his/her designee, and the County. If it is found that such employee does not meet the requirements or responsibilities of the position to which he/she has been selected during the probationary (trial) period, then such employee shall be restored to his/her former position. The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during the probationary (trial) period at least fourteen (14) calendar days prior to the end of such probationary period. At the employee’s request, the County Administrator or his/her designee will meet with the employee to review the terms of the 14-day notice. The employee may request the participation of the PEF representative at the review meeting. If the employer determines that the employee does not meet the requirements of the position, the employee maintains the right to challenge such a determination through the grievance procedure. (f) The Union shall be notified by the Employer in writing immediately upon any job vacancies occurring by reason of resignation, retirement, or 'just cause" discharge. Section 2. Promotion and Filling of Vacancies (Competitive Classification) (a) All permanent and temporary job openings which last more than thirty (30) working days will be posted. (b) It is understood and agreed that whenever examinations are requested of the Department of Civil Service of Allegany County for the purpose of establishing a Civil Service Eligibility List of persons to be considered for filling positions coming under the scope of the New York State Civil Service Law and covered by this Agreement, the Employer shall request that both a Promotional List and an Open Competitive List of Eligibility be established, the Promotion List being restricted solely to employees already in the employ of the Employer. (c) Whenever a job opening occurs in competitive civil service job classifications, the normal procedure for the selection of candidates from an appropriate civil service eligibility list shall apply, except: 1) That candidates on the established promotional list shall be given preference before any consideration may be given to names appearing on the open competitive list; 2) A departmental employee who bids the position and meets the civil service requirements shall be given preference. If appointment is to a higher graded position, it shall be treated as a promotion; 3) An employee appointed to a higher graded position in another department shall be treated as a promotion. Selection of appointment in this instance rests solely with the appointing authority. (d) Employees promoted within competitive classifications will undergo a probationary term of twelve (12) weeks unless the County and the President of PEF, or his/her designee, mutually agree in writing to reduce the probationary period to a period between four (4) and twelve (12) weeks. If the employee is promoted off an open competitive list, he or she will undergo a probationary term of fifty-two (52) weeks unless the President of PEF, or his/her designee, and the County agree in writing to reduce the probationary period to anything between eight (8) and fifty-two (52) weeks. (e) The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during their probationary period at least fourteen (14) calendar days prior to the end of such probationary period. If the employer determines that the employee does not meet the requirements of the position the employee maintains the right to challenge such a determination through the grievance procedure. Section 3. Temporary Job Openings (a) Temporary Job Openings are defined as job vacancies that may periodically develop in any job classification because of illness, vacation, or leave of absence or for any other reasonbut do not exceed 30 days. Job openings that recur on a regular basis or that remain open more than the 30 days at a time shall not be considered temporary job openings. (be) Temporary job openings in higher classifications shall may be filled by Employer an employee assignment or re- assignment, and the assignment or re-assignment reassignment shall be made in terms of a promotion based upon seniority seniority, provided employee qualifies. Temporary assignments shall be considered as training assignments by which an employee may obtain experience that will enable him to qualify for future promotions. No employee shall be assigned to the same temporary job opening more than twice in any calendar year, unless the employee agrees in writing to the assignment. The request must be in writing and qualification before a new employee or temporary employee submitted to the employee's department supervisor, for his recommendation. It is hired. When it is necessary for higher classification the intent of this provision to prevent the repeated assignment of employees to work job vacancies designated as temporary job openings when such job openings could be filled in lower classification and no one volunteers for such assignment, then the least senior employee in the classification nearest the lower classification or work to be performed shall be selected and so on up until the necessary employees required has been achievedanother manner. (cf) Employees assigned to temporary job openings shall be paid the wage rate established for the job or their own wage rate, whichever is higher no later than the next regular payroll check. (d) Employees higher. Permanent jobs will not be paid the higher rate jeopardized for refusal of pay within a higher classification when they perform out-of-title work for less than half (1/2) day. Out of title work shall be offered first to qualified unit employees on the basis of seniorityvolunteer work.

Work Force Changes. ‌6.1 PROMOTION AND FILLING OF VACANCIES IN LABOR OR NON- COMPETITIVE CLASSIFICATIONS Section 1. Promotion & Filling of Vacancies (Non-Competitive) (a) 6.1.1 The term promotion means the advancement advancements of an employee to a higher position or the reassignment of any employee to a higher paying position. Upon promotion, an employee shall receive the salary equal to the step that is at least one-half (1/2) increment of the new salary grade above his/her present salary. (b) 6.1.2 Whenever an opportunity for promotion occurs or a job opening occurs in other than a temporary situation in any existing labor or non-competitive job classification, or as the result of the development or establishment of a new job classification, a notice of such openings opening shall be posted on all bulletin boards, stating the job classification, rate of pay and the nature of the job requirements in order to qualify. The PEF Council Leader shall be given a copy of all postings when they occur. Such posting shall be for a period of not less than five ten (510) work days. (c) 6.1.3 During this period, employees who wish to apply for the open position, including employees on layoff, may do so. The application shall be in writing, and it shall be submitted to the employee's immediate supervisorChief Labor Supervisor or Deputy Labor Supervisor. (d) 6.1.4 The Employer shall fill the job openings opening or vacancies vacancy from among those bargaining unit employees who have made application. Both promotional or lateral employees may apply for said openings or vacancies. The following factors shall be considered in determining which employees shall be selected, and where Employer determines that factors (ii), (iii) and (iv) are relatively equal, factor (i) shall govern: (i) period of continuous service; (ii) ability to perform work; (iii) physical fitness; (iv) attendance record. Preference shall be granted to applications from within the department where the vacancy exists. 6.1.5 The Local Union President shall be notified personally or by certified mail of the selection for promotion five (5) work days prior to the posting of the appointment. 6.1.6 A notice listing those employees who have applied for the position shall be posted by the Employer on the bulletin boards within two (2) work days of the selection by the Employer and meet the job requirements posted for a period of at least two (which may include the employee's 2) work record). When more than one employee is equally qualified, the employee with the greatest seniority will be awarded the positionweeks. (e) 6.1.7 Any employee selected in accordance with the procedure set forth above shall undergo a probationary trial period of twelve a minimum of thirty (1230) weeks unless days, but not exceed ninety (90) days. During the County waives the probationary trial period in writing or the twelve (12) week probationary period is reduced to between four (4) and twelve (12) weeks by the mutual written agreement of the President of PEF, or his/her designee, and the County. If if it is found that such employee does not meet the requirements or responsibilities of the position to which he/she has been selected or he/she voluntarily relinquished such position during the probationary (trial) period, that period then such employee shall be restored to his/her former position. The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during the probationary (trial) period at least fourteen (14) calendar days prior to the end of such probationary period. At the employee’s request, the County Administrator or his/her designee will meet with the employee to review the terms of the 14-day notice. The employee may request the participation of the PEF representative at the review meeting. If the employer determines that the employee does not meet the requirements of the position, the employee maintains the right to challenge such a determination through the grievance procedure. (f) 6.1.8 The Union shall be notified by the Employer in writing immediately upon of any proposal to establish a new job vacancies occurring by reason classification or to change duties and responsibilities of resignation, retirement, or 'just cause" discharge. Section 2. Promotion and Filling of Vacancies (Competitive Classification) (a) All permanent and temporary any existing job openings which last more than classification thirty (30) working days will be posted. (b) It is understood and agreed that whenever examinations are requested of before the Department of Civil Service of Allegany County for Commission acts upon the purpose of establishing a Civil Service Eligibility List of persons to be considered for filling positions coming under proposal, if possible. In any event the scope of the New York State Civil Service Law and covered by this Agreement, the Employer shall request that both a Promotional List and an Open Competitive List of Eligibility be established, the Promotion List being restricted solely to employees already in the employ of the Employer. (c) Whenever a job opening occurs in competitive civil service job classifications, the normal procedure for the selection of candidates from an appropriate civil service eligibility list shall apply, except: 1) That candidates on the established promotional list shall be given preference before any consideration may be given to names appearing on the open competitive list; 2) A departmental employee who bids the position and meets the civil service requirements shall be given preference. If appointment is to a higher graded position, it shall be treated as a promotion; 3) An employee appointed to a higher graded position in another department shall be treated as a promotion. Selection of appointment in this instance rests solely with the appointing authority. (d) Employees promoted within competitive classifications will undergo a probationary term of twelve (12) weeks unless the County and the President of PEF, or his/her designee, mutually agree in writing to reduce the probationary period to a period between four (4) and twelve (12) weeks. If the employee is promoted off an open competitive list, he or she will undergo a probationary term of fifty-two (52) weeks unless the President of PEF, or his/her designee, and the County agree in writing to reduce the probationary period to anything between eight (8) and fifty-two (52) weeks. (e) The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during their probationary period at least fourteen (14) calendar days prior to the end of such probationary period. If the employer determines that the employee does not meet the requirements of the position the employee maintains the right to challenge such a determination through the grievance procedureCivil Service Commission notification. Section 3. Temporary Job Openings (a) Temporary Job Openings are defined as job vacancies that may periodically develop in any job classification because of illness, vacation, or leave of absence or for any other reason. Job openings that recur on a regular basis shall be considered temporary job openings. (b) Temporary job openings in higher classifications shall be filled by Employer assignment or re- assignment, and the assignment or re-assignment shall be made in terms of a promotion based upon seniority and qualification before a new employee or temporary employee is hired. When it is necessary for higher classification employees to work in lower classification and no one volunteers for such assignment, then the least senior employee in the classification nearest the lower classification or work to be performed shall be selected and so on up until the necessary employees required has been achieved. (c) Employees assigned to temporary job openings shall be paid the wage rate established for the job or their own wage rate, whichever is higher no later than the next regular payroll check. (d) Employees will not be paid the higher rate of pay within a higher classification when they perform out-of-title work for less than half (1/2) day. Out of title work shall be offered first to qualified unit employees on the basis of seniority.

Work Force Changes. ‌ Section 1. Promotion & 9.1 Filling of Vacancies (in Positions of Detective Sergeant, Detective Lieutenant and Other Non-Competitive)Competitive Titles (a) The term promotion means the advancement of an employee to 9.1.1 Whenever a higher position permanent opening or the reassignment of any employee to a higher paying position. Upon promotion, an employee shall receive the salary equal to the step that is at least one-half (1/2) increment of the new salary grade above his/her present salary. (b) Whenever an opportunity for promotion occurs or a job opening vacancy occurs in other than a temporary situation in any existing job classificationDetective Office for the position of Detective Sergeant or Detective Lieutenant, or as the a result of the development or of establishment of a new non-competitive job classification, whether such positions are higher paying or not, a notice of such openings opening or vacancy shall be posted on all Department bulletin boards. The notice shall state job title, stating the number of openings, job classificationdescription, rate of pay pay, minimum requirements necessary and the nature of the job requirements in order to qualifydesired qualifications. The PEF Council Leader Such notifications shall be given a copy of all postings when they occur. Such posting shall be posted for a period of not less than ten (10) work days. It is the responsibility of the Employer to notify employees on vacation or sick leave of said posting within five (5) work days. (c) During this period, employees who wish 9.1.2 An employee wishing to apply for the open positionposition may submit an application in writing to the Chief no later than ten (10) work days after the job opening was first posted or, including employees on layoffof circumstances so necessitate, may do sowithin the shorter period provided for in 9. 1.1. The application shall be in writing, contain any information requested by the notice and it any other information the applicant feels is relevant. Applications not received by the Chief by the expiration date of the posting period shall be submitted to the employee's immediate supervisordisqualified. (d) 9.1.3 The Employer shall fill such job openings or vacancies from among those bargaining unit employees who have applied and applied, who meet the standards of the job requirements (which may include the employee's work record)requirements. When If there is more than one (1) employee who is equally qualifiedqualified for the job, then such position shall be filled by selecting from among those equally qualified the employee with the greatest seniority seniority. If not employee has bid, or the Employer determines that no bidder has the appropriate qualifications, the opening may be filled by the Chief in a manner he deems appropriate. The job vacated by a successful bidder shall be filled according to the provisions of this Article. Disputes over selection made by the Chief’s selections shall be subject to the grievance procedure only on the question of whether the Chief’s selections were arbitrary and capricious. Selections for job openings shall be made within ten (10) calendar days of the expiration of the bidding. 9.1.4 A notice listing those employees who have applied for the position and the employees selected for the position shall be posted by the Employer on all Department bulletin boards within two (2) work days of the selection by the Employer, and such posting shall be for a period of at least two (2) weeks. The Employer shall make every reasonable effort to transfer the successful bidder within thirty (30) calendar days of selection. If the transfer is not made within the thirty (30) calendar days, he or she will be awarded notified in writing of the positionreasons therefore. (e) 9.1.5 Any employee selected for a position in accordance with the procedure set forth above shall undergo a probationary trial period of a minimum of thirty (30) calendar days, but in no case to exceed ninety (90) calendar days. If, after the time permitted, the Employer determines such employee cannot carry out the responsibilities of the position for which he was selected, or the employee voluntary relinquishes such position, the said employee shall be restored to his former position and former assignment, if the assignment is still available. The open position will then be offered to the employee who was next on the list of those who had qualified during the original bidding period. A successful bidder who has satisfied the trial period or who is still in the trial period may not bid again until a minimum of twelve (12) weeks unless months have passed from the County waives date of his selection. This requirement may be waived at the probationary period in writing or the twelve (12) week probationary period is reduced to between four (4) and twelve (12) weeks by the mutual written agreement discretion of the President of PEF, or hisChief. 9.1.6 It is agreed that the Union Labor/her designee, and the County. If it is found that such employee does not meet the requirements or responsibilities of the position to which he/she has been selected during the probationary (trial) period, then such employee Management Committee shall be restored to his/her former position. The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during the probationary (trial) period at least fourteen (14) calendar days prior to the end of such probationary period. At the employee’s request, the County Administrator or his/her designee will meet with the employee Employer for the purpose of discussing the establishment of job requirements and specifications for any positions presently in existence or to review the terms of the 14-day noticebe created. The employee may request the participation of the PEF representative at the review meeting. If the employer determines that the employee does not meet the requirements of the position, the employee maintains the right to challenge such a determination through the grievance procedure. (f) The Union shall be notified by the Employer in writing immediately upon any job vacancies occurring by reason of resignation, retirement, or 'just cause" discharge. Section 2. Promotion and Filling of Vacancies (Competitive Classification) (a) All permanent and temporary job openings which last more than at least thirty (30) working days will be posted. (b) It is understood and agreed that whenever examinations are requested of the Department of Civil Service of Allegany County for the purpose of establishing a Civil Service Eligibility List of persons to be considered for filling positions coming under the scope of the New York State Civil Service Law and covered by this Agreement, the Employer shall request that both a Promotional List and an Open Competitive List of Eligibility be established, the Promotion List being restricted solely to employees already in the employ of the Employer. (c) Whenever a job opening occurs in competitive civil service job classifications, the normal procedure for the selection of candidates from an appropriate civil service eligibility list shall apply, except: 1) That candidates on the established promotional list shall be given preference before any consideration may be given to names appearing on the open competitive list; 2) A departmental employee who bids the position and meets the civil service requirements shall be given preference. If appointment is to a higher graded position, it shall be treated as a promotion; 3) An employee appointed to a higher graded position in another department shall be treated as a promotion. Selection of appointment in this instance rests solely with the appointing authority. (d) Employees promoted within competitive classifications will undergo a probationary term of twelve (12) weeks unless the County and the President of PEF, or his/her designee, mutually agree in writing to reduce the probationary period to a period between four (4) and twelve (12) weeks. If the employee is promoted off an open competitive list, he or she will undergo a probationary term of fifty-two (52) weeks unless the President of PEF, or his/her designee, and the County agree in writing to reduce the probationary period to anything between eight (8) and fifty-two (52) weeks. (e) The Union and the employee shall be notified in writing by the employer of any situation which would affect an employee's status during their probationary period at least fourteen (14) calendar days prior to the end creation of such probationary period. If the employer determines that the employee does not meet the requirements of the position the employee maintains the right to challenge such a determination through the grievance procedureany new bargaining unit positions. Section 3. Temporary Job Openings (a) Temporary Job Openings are defined as job vacancies that may periodically develop in any job classification because of illness, vacation, or leave of absence or for any other reason. Job openings that recur on a regular basis shall be considered temporary job openings. (b) Temporary job openings in higher classifications shall be filled by Employer assignment or re- assignment, and the assignment or re-assignment shall be made in terms of a promotion based upon seniority and qualification before a new employee or temporary employee is hired. When it is necessary for higher classification employees to work in lower classification and no one volunteers for such assignment, then the least senior employee in the classification nearest the lower classification or work to be performed shall be selected and so on up until the necessary employees required has been achieved. (c) Employees assigned to temporary job openings shall be paid the wage rate established for the job or their own wage rate, whichever is higher no later than the next regular payroll check. (d) Employees will not be paid the higher rate of pay within a higher classification when they perform out-of-title work for less than half (1/2) day. Out of title work shall be offered first to qualified unit employees on the basis of seniority.