Posting Requirements per Collective Bargaining Agreement

Transcription

1 Union Posting Requirements per Collective Bargaining Agreement AVS RWDSU Local 1034 ARTICLE 8 SENIORITY AND CLASSIFICATION Section 5 New job openings will be posted as to description, duties and qualification requirements. Interested employees must submit a Request for Transfer form for these positions. Applicants for these positions will be considered on the basis of job performance, seniority, and skill and ability to perform the job. Final determination for the position will be made by the Employer who will inform all applicants who applied for the position of its decision, in writing. Copies of new bargaining unit listings and signed job postings will be forwarded to the Union Office. PSSU ARTICLE 18 SENIORITY Section 3 The Employer agrees to post at each worksite any vacancies or new positions in the workplace at the time the vacancy occurs or the new position is created. Vacancies shall be posted for seven (7) days by job classification, and by worksite, and each position at each site shall be considered a separate vacancy or position. Should any Employee wish to fill a posted vacancy or new position, he/she shall make his/her intentions known in writing to the Executive Director or his/her designee. In the event that more than one (1) Employee applies for a promotional vacancy (defined here as a job that results in a pay increase), preference shall be given to the more senior qualified applicant for the position. The qualifications of the applicants shall be determined solely by the Employer. Seniority shall govern the choice of applicants for promotions only when two (2) or more candidates are equally well qualified. In the event that more than one (1) Employee applies for a lateral transfer vacancy, preference shall be given to the more senior qualified applicant. AVS SFR 1199C ARTICLE 10 HIRING Section 1 The employer may utilize the Union s Employment Service for the recruitment and referral of qualified Human Resources for Employer bargaining unit job vacancies and training positions. Section 2 If the employer decides to utilize the Union s Employment Service, the Employer shall notify the Union s Employment Service of all bargaining unit job and training position vacancies and shall afford the service twenty four (24) hours from the time of notification to refer an applicant for the vacancy before hiring from any other source. Section 3 The Employment Service shall be administered by the Union and the costs of operating the service shall be borne by the Union. Section 4 Notwithstanding the foregoing, the Employer retains the right to hire applicants from other sources in the event it utilizes the service and the Employment Service does not refer qualified applicants within said twenty four (24) hour period.

2 AVS CLP/Waiver Homes 1199C ARTICLE 8 SENIORITY Section 5 Application b. Bids upon vacancies that the Employer determines to exist at work sites shall be awarded first by location seniority, then by classification seniority, then by bargaining unit seniority, then by alphabetical order of the Employees last names. AFT Local 4973 ARTICLE 9 LAYOFF, RECALL, AND POSTING Section 7 Whenever a vacancy occurs in the bargaining unit, Employees will be recalled to positions for which they are qualified in accordance with seniority, with a maximum limitation of eighteen (18) months. When Probationary or Temporary Employees are laid off, they have no recall rights. Employees who are eligible will be recalled as follows: a. The affected Employee shall be recalled to a position, if open, previously held successfully in a job classification by the Employee on the basis of bargaining unit seniority. b. In reverse order of lay off on a seniority basis to other positions provided the Employee recalled has the requisite skill and ability to perform the job. Section 8 a. Where a promotional vacancy in a bargaining unit job occurs and two (2) or more Employees are under consideration for such vacancy who have the ability and skill to fill the vacancy, Employer shall promote the Employee with the greatest skill, present ability, and prior job performance. When there is not appreciable difference as determined by Employer between the skill and the present ability of such Employees, Employer shall promote the Employee with the greatest seniority. b. An Employee who transfers or is promoted into a new job classification may be removed or opt to be removed during the first ninety (90) days. If either of the above occurs, then said Employee shall be returned to his/her discipline without loss of seniority or other benefits. If no position is open, then the Employee shall be placed on the recall list. c. Any Employee selected by Employer for a promotion outside the bargaining unit may be returned at the Employee s option within ninety (90) days to the bargaining unit without loss of seniority or other service benefits or credits, or at the option of Employer, in its description, to a bargaining unit position without loss of seniority or other service benefits and credits previously earned in the bargaining unit. If no position is open then the Employee shall be placed on the recall list. Section 9 a. Openings for bargaining unit positions shall be posted for four (4) workdays at selected boards. Postings shall be sent to the Union and all Employees on lay off. b. All bids must be submitted in writing to the Human Resources Office within the four (4) day period. c. A vacancy created by a successful bidder for an initial posting shall be posted. d. An open position shall be defined as a position, which has been posted for which no acceptable bidders have been found. e. All Employees on lay off may bid for any vacancy for which they are qualified.

3 AFSCME DC47 Local 1723 ARTICLE 9 LAYOFFS, RECALL, AND POSTING Section 6 Posting a. The posting procedure shall be used to fill non temporary job openings on all shifts. Employer will post such openings on the bulletin boards and such openings shall remain posted for four (4) days. Postings will include the name of the work site and the shift for each opening. b. All bids shall be submitted by in person and in writing to the Human Resources Office. Probationary Employees shall be eligible to bid, however, they will not be given consideration until after all nonprobationary candidates who have submitted bids are considered. c. A bidder shall be awarded the opening on the following basis: 1. First by ability and skill to perform job and satisfactory work record. 2. Second on the basis of seniority. 3. Third by approval of immediate supervisor. d. A vacancy created by a successful bidder for an initial posting shall also be posted. Additional vacancies created by bidding shall not be posted. e. A successful bidder shall have thirty (30) calendar days to prove he/she can perform in the new position satisfactorily and/or to elect to return to his/her former position if open, or bump onto the former shift on the basis of bargaining unit seniority. f. The hiring supervisor shall determine the Employee s acceptability by the end of thirty (30) days. g. If an Employee who has accepted a position is disqualified, he/she shall return to his/her former position if open, or bump into a former position on the basis of bargaining unit seniority. h. If an Employee bids out of his/her department within the bargaining unit, the applicable probationary period for the position shall apply. i. An Employee shall be limited to one (1) successful promotional bid and one (1) successful lateral bid every six (6) months, except that an Employee who elects to disqualify himself/herself from a successful bid shall not be eligible for further bidding, either promotional or lateral (depending on the type of bid for which disqualified), for six (6) months thereafter. j. Employee shall retain the right to make temporary reassignments when necessary for the proper operation of The Center. k. When an Employee is promoted out of the bargaining unit, said Employee shall be on a three (3) month probationary period during which he/she shall not lose his/her seniority within the bargaining unit. If he/she returns to the bargaining unit before the end of his/her probationary period, he/she shall resume his/her seniority as of the day he/she was promoted. If he/she does not return, he/she shall lose all seniority as a bargaining unit Employee. SPFPA Local 506 No contract language related to vacant job posting requirements.

4 1199C Northeast Residential ARTICLE 16 PROMOTION AND TRANSFER Section 16.1 All vacant bargaining unit positions shall be posted on Union Bulletin Boards at each site for a period of seven (7) days, unless an emergency requires a lesser period of time. Job postings shall include classification, minimum requirements, duties, rate of pay and hours of work. It is understood that the Employer will endeavor to post vacancies as soon as it becomes aware of them. Section 16.2 After a position has been posted for four (4) days, the Employer may seek outside candidates. Section 16.3 When the employer determines that a vacancy, promotion, or transfer in a bargaining unit job occurs, the Employer shall have discretion in determining the most qualified and able applicant to fill the vacancy. Seniority shall govern the choice where the qualifications and ability to perform the new job are considered equal among applicants. Section 16.4 An Employee who accepts a vacant position or a promotion shall serve a probation period of ninety (90) days in the new position. During this period, the Employer may remove the Employee from the new position for any reason and said removal shall not be subject to the grievance procedures under this Agreement. However, if removed, the Employee shall be returned to their former position or to an equivalent position for which the Employee is presently qualified and available. The Employee shall not be entitled to their former position or an equivalent if no such position exists any longer, or if the reason for the Employee s removal from the new position was a termination. AFSCME Statewide ARTICLE 19 ADVANCEMENT POSTINGS Section 1 NHS and AFSCME Council 13 desire to develop and promote internal candidates for advancement opportunities at the service areas representing MH for professional and non professional and MR nonprofessional employees. There are situations when the best qualified and capable candidate will fill vacancies. Conversely, there are also situations when seniority will determine the candidate selected to fill the vacancy. When a promotional vacancy occurs within the bargaining unit, eligible employees and outside applicants who apply within the posting period shall be considered. The employer shall select the candidate to fill the vacancy who is the most qualified for the position. If in the assessment of management the qualifications between an internal and an external candidate are equal (capabilities are the same) the internal candidate shall be given preference. Openings remain posted for five work days. All bids must be submitted in writing. An employee is limited to one successful promotional bid or successful lateral transfer every six months. When NHS determines that 2 or more candidates capabilities are the same, seniority shall govern. In evaluating qualifications and capabilities NHS will give consideration to such factors as: (Continued on Next Page)

5 AFSCME Statewide (Continued) Knowledge Skills Ability Overall performance Training Education Certifications Attendance necessary for the successful completion of the job. If AFSCME Council 13 disagrees with the selection decision, AFSCME Council 13 will request an explanation of the decision from NHS within 10 days of the announcement of the selection. AFSCME Council 13 will request that NHS demonstrate to the union that the selected candidate is the most qualified for the position. Management will not use a delay in the release of a candidate as justification for denying an advancement opportunity. Whenever possible, efforts will be made to move the internally promoted candidate into their new position as quickly as possible, but the delay will not be more than 4 weeks unless agreed to by the parties. Section 2 If an additional promotional vacancy is created by a successful bidder for the initial posting this vacancy shall also be posted. Additional vacancies created by subsequent bidding shall not need to be posted. Section 3 A successful bidder shall have 60 days to prove he/she can perform satisfactorily in the new position. If the employee can not so prove he/she will be places in another position in the program/unit and be permitted to bid on future opportunities. NHS will provide written notice to AFSCME Council 13 if a 30 day extension is required. Section 4 The hiring supervisor shall determine the employee s acceptability performance by the end of the 60 days. Section 5 If an employee has not performed the advancement position satisfactorily and is therefore disqualified from the position, he/she shall return to his/her former classification or will be placed into a previously held classification if either position is available. If neither is available then the employee will be placed on a preferential hiring list and offered opportunities consistent with his/her experience and ability. The employee will remain on the preferential hiring list for 180 days, Section 6 An NHS employee may be requested to perform the duties of a higher rated classification than that of which he or she is normally classified. In rare situations, NHS will require an employee to transfer to any position necessary to provide consumer coverage to protect the consumer s health and safety. Section 7 If an employee is transferred to a position(s) outside the scope of this collective bargaining agreement and remains in the transferred position for greater than 90 days, NHS will meet and discuss the status of this employee and his/her potential return to the bargaining unit. Section 8 A transfer payment will be made to the employee for transfers to higher rated positions within the scope of this collective bargaining agreement. This transfer payment will be equal to the job rate of the job transferred to if the employee is transferred for more than one shift and the employee is performing substantially all of the job duties of the position.

6 1199C PACT ARTICLE 16 PROMOTION AND TRANSFER Section 16.1 All vacant bargaining unit positions shall be posted on Union Bulletin Boards at each site for a period of seven (7) days, unless an emergency requires a lesser period of time. Job postings shall include classification, minimum requirements, duties, rate of pay and hours of work. It is understood that the Employer will endeavor to post vacancies as soon as it becomes aware of them. Section 16.2 After a position has been posted for four (4) days, the Employer may seek outside candidates. Section 16.3 When the Employer determines that a vacancy, promotion, or transfer in a bargaining unit job occurs, the Employer shall have discretion in determining the most qualified and able applicant to fill the vacancy. Seniority shall govern the choice where the qualifications and ability to perform the new job are considered equal among applicants. Section 16.4 An Employee who accepts a vacant position or a promotion shall serve a probation period of ninety (90) days in the new position. During this period, the Employer may remove the Employee from the new position for any reason and said removal shall not be subject to the grievance procedures under this Agreement. However, if removed, the Employee shall be returned to their former position or to an equivalent position for which the Employee is presently qualified and available. The Employee shall not be entitled to their former position or an equivalent if no such position exists any longer, or if the reason for the Employee's removal from the new position was a termination. 1199C TAIG ARTICLE 15 PROMOTION AND TRANSFER Section 1 When a vacancy occurs within the bargaining unit, employees bidding for the position shall be considered in the following order, as long as they meet the qualifications for the vacant position as outlined in the job description and can demonstrate within a reasonable trial period, not to exceed 160 working hours that he/she can perform the job satisfactorily: a. Classification seniority b. Bargaining unit seniority For the purpose of promotion and transfer the classifications of Mental Health and Mental Retardation Support Counselors shall be considered one classification. Management shall have the right to reject an employee that has bid on an open position if he/she has received a disciplinary suspension in the previous 6 months. Section 2 An employee who is removed from the new job during the trial period shall be returned to his/her former job without loss of seniority or other benefits. An employee shall not exercise his/her promotion or transfer opportunity other than once in six (6) months. Section 3 All vacancies, including managerial positions, shall be posted on Union bulletin boards at each site for at least ten (10) calendar days, listing qualifications, job rate and job site. (Continued on Next Page)

7 1199C TAIG (Continued) Section 4 The Employer shall not hire from outside of the bargaining unit, including as provided in the Hiring provision of this Agreement, except where no qualified internal applicants exist. Section 5 All benefits shall continue during any trial period required under this Article. Section 6 The Employer has the exclusive right to determine the qualifications for employees for promotional purposes as described in the job description. Section 7 This Article shall not apply to situations in which the funding source has mandated specific hiring practices. Section 8 Except in situations beyond the Employer s control, Employees shall be given at least two weeks notice prior to being transferred to another site. Notwithstanding the above, the Employer shall have the right to temporarily transfer, without prior notice, employees to another job classification within the MH/MR programs and/or work location within the MH/MR programs, for bona fide consumer needs. When such a temporary assignment results in assignment to a different classification, the employee will be paid the rate of pay which they received in their regular classification or the rate of pay of the classification to which they are temporarily assigned, including their experience differential, if any, whichever is higher. For purposes of this paragraph, the term temporarily shall mean the duration of the consumer needs, but not to exceed two (2) consecutive weeks. It is understood that the temporary transfer for bona fide consumer needs is to apply the staff member specifically assigned to that consumer. AFSCME 13 DC88 LOCAL 2929 ARTICLE 9 LAY OFF, RECALL AND POSTING Section 6 a. The posting procedure shall be used to fill permanent job opening on all shifts. Employer will post such openings on the bulletin boards and such opening shall remain posted for five (5) days. Postings will include the name of the work site and the shift for each opening. b. All bids shall be submitted in person and in writing to the Human Resources Office. Probationary Employee shall not be eligible to bid until completion of their probationary period. c. When a vacancy occurs within the bargaining unit, eligible Employees who apply within the posting period shall be considered. The Employer shall select the employee to fill the vacancy who is most qualified for the position. If there are (2) two or more candidates who are as qualified as each other, the employer shall select the candidate based on seniority. Each unsuccessful candidate shall be notified within (10) ten days. If, by request of the Employee, the Employer shall meet with the unsuccessful Employee to explain the reason(s) of why the Employee was not selected, this shall be done in the privacy of an office. d. A vacancy created by a successful bidder for an initial posting shall also be posted. Additional vacancies created by bidding shall not be posted. e. A successful bidder shall have thirty (30) calendar days to prove he/she can perform in the new position satisfactorily and/or to elect to return to his/her former position if open, or bump onto the former shift on the basis of bargaining unit seniority. f. The hiring supervisor shall determine the Employee s acceptability by the end of thirty (30) days. AFSCME 13 DC88 LOCAL 2929 (Continued) (Continued on Next Page)

8 g. If an employee who has accepted a position is disqualified, he/she shall return to his/her former position if open, or bump onto the former position on the basis of bargaining unit seniority. h. If an Employee bids out of his/her department within the bargaining unit, the applicable probationary period for the position shall apply. i. An employee shall be limited to one successful promotional bid and one successful lateral bid every six (6) months, except that an Employee who elects to disqualify himself/herself from a successful bid shall not be eligible for further bidding, either promotional or lateral (depending on the type bid for which disqualified), for six (6) months thereafter. j. Employer shall retain right to make temporary reassignments when necessary for the proper operation of the Center. When an Employee is promoted out of the bargaining unit, said Employee shall be on a three (3) month probationary period during which he/she shall not lose his/her seniority within the bargaining unit. If he/she returns to the bargaining unit before the end of his/her probationary period, he/she shall resume his/her seniority as of the day he/she was promoted. If he/she does not return, he/she shall lose all seniority as a bargaining unit employee SEIU Local 668 Allegheny /Westmoreland ARTICLE 20 Section 20.3 Vacancies NHS agrees to post in the memo book at each work site any bargaining unit vacancies at the time the vacancy occurs. Should an employee wish to fill the vacant position, he/she will make his/her intentions known in writing to the HR Business Partners at each location. Vacancies shall be posted for ten (10) calendar days by job classification, and by work site, and each position at each site shall be considered a separate vacancy. Section 20.4 Posting Process 1. NHS will send the posting electronically to each site Supervisor and the Chief Shop Steward. 2. The site Supervisor will print each posting, and the employees who are on shift when the posting is sent, will initial the signature line and date the posting. 3. The Site Supervisor will place the signed posting in the binder at the site location and fax a signed copy to the Human Resources department. 4. The Human Resources Department will be required to keep the vacancy posting(s) plus any or all relevant information to the vacancy for future record. SEIU Local 668 Cambrian Hills SEIU 1199C AVS Pittsburgh Campus ARTICLE 16 Section 16.3 The Employer agrees to post in the memo book at each work site any bargaining unit vacancies at the time the vacancy occurs. Vacancies shall be posted for seven (7) calendar days by job classification, and by work site, and each position at each site shall be considered a separate vacancy. Should an Employee wish to fill a vacant position, he/she will make his/her intentions known in writing to the Consumer Services Coordinator. ARTICLE 19 Section 19.2 When an opening occurs in a bargaining unit position, such openings shall be posted for bid at least five (5) calendar days before being filled. Such postings shall state the shift and location of the opening to be billed. Copied of successful job biddings will be given to Union delegates after postings are removed. When qualifications are relatively equal, preference for such openings shall be given to the employee with the highest classification seniority

9 DC86 The Academy Article 12 Section 1 Process NYS & AFSCME DC86 desire to develop and promote internal candidates for advancement opportunities at the NYS Academy. There are situations when the best qualified and capable candidate will fill vacancies. Conversely there are also situations when seniority will determine the candidate selected to fill vacancy. When a promotional vacancy occurs within the bargaining unit, eligible employees and outside applicants who apply within the posting period shall be considered. The employer shall select the candidate to fill the vacancy who is the most qualified for the position. Section 2 Two or More Candidates When NYS determines that two (2) or more candidates capabilities are the same, seniority shall govern. In evaluating qualifications and capabilities NYS will give consideration to such factors as: Knowledge Skills Ability Overall Performance Training Education Certifications Attendance necessary for the successful completion of the job. Section 3 Disagreement with Selections If AFSCME DC86 disagrees with the selection decision, AFSCME DC86 will request an explanation of the decision from NYS within 10 days of the announcement of the selection. AFSCME DC86 will request NYS demonstrate to the union that the selected candidate is the most qualified for the position. Section 4 Posting and Not Posting Vacancies If an additional promotional vacancy is created by a successful bidder for the initial posting this vacancy shall also be posted. Section 5 Promotional Performance Periods A successful bidder shall have 180 days to prove he/she can perform satisfactorily in the new position and/or elect to return to his/her former classification on the basis of bargaining unit seniority. NYS will provide written notice to AFSCME DC86 if a three month extension is required. This notice will occur at least 30 days prior to the end of the six (6) month period. Section 6 Performance Acceptability The hiring supervisor shall determine the employee s acceptability by the end of the 180 days. Section 7 Disqualification from Promotional Position If an employee who has accepted a position is disqualified from the position, he/shall return to his/her former classification or will be placed into a previously held classification. Section 8 Administrative Transfers At the sole and exclusive discretion of NYS, NYS will grant administrative transfers for an employee when a conflict arises in the employee s work group. Such conflict could be between employee and supervisor or other employees. In addition to the above, a bargaining unit employee will not be permitted to work for and be supervised by a relative. The only exception to this will be in situations where the bargaining unit employee has no other avenue to exercise his/her seniority in cases of reduction in force. NYS and AFSCME DC86 recognize the value of not permitting relatives to be in a supervisor employee situation. These situations pose a potential conflict of interest. In these situations NYS and AFSCME DC86 will work to adjust the work assignment with the least amount of work assignment disruption as possible. Administrative transfers will be discussed with the affected employee. Unless extenuating circumstances are present, the discussion will occur prior to the transfer taking place.