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Section 18
JOB VACANCIES

  1. Employer will notify the Union President within fourteen (14) calendar days after an employee vacates a bargaining unit position as to the Employer's decision regarding the vacated position. Employer may elect not to fill the position if no longer needed, and, may either downgrade to a lower-paid classification or upgrade to a higher-paid classification any position due to a significant change in the work content; provided however, that prior to making such changes a special conference may be called to discuss the matter and if agreement is not reached, the Employer's decision may be submitted to the Third Step of the grievance procedure.

    The Employer will notify the Union prior to converting a position to a 9/10 month position, and meet with the Union to discuss the reasons for the conversion.

  2. Providing there are no displaced or laid off employees with recall rights, before hiring new employees, the Employer will attempt to fill open bargaining unit positions with seniority employees in accordance with the following provisions.

    1. 1. Notice of job vacancies which are determined by Employer to exist will be made available through the campus-wide communication system, and Human Resources’ web site and bulletin board, for five (5) working days. Such notices shall show the classification, department, and shift involved. Seniority employees desiring consideration for a posted job may make application, not later than five (5) working days after the date of the posting, on forms available at the Human Resources Department.

    2. The opportunity to fill the posted job vacancy will first be given to the most senior qualified employees, in the same classification as is being posted. If no such applicant is awarded the posted job, the next opportunity to fill the vacancy will be given to a senior qualified employee holding any classification in the bargaining unit.

    3. In the event there are several qualified applicants for the posted job, the applicant having the most seniority among them shall be awarded the position. However, an employee's work record of the two (2) prior calendar years, evidencing excessive unapproved absenteeism or adverse disciplinary action, may disqualify him/her from being awarded the position.

    4. The Employer will strive to fill posted job vacancies with qualified Employees who have been awarded the positions within four (4) calendar weeks after the posting period. If such job vacancies are temporarily filled, Employer will notify the Union its reason for doing so.

  3. As used in this Section and, also, throughout this Agreement, to be "qualified" or to be "qualified for consideration" shall mean to be in possession of the basic and physical qualifications, the knowledge and skills required, and have the current ability to perform the work to be done to the Employer's satisfaction. Each employee is responsible for ensuring that his application for a posted job sets forth all of his/her skills, experience, training, and other qualifications he/she wishes to be considered by the Employer in evaluating his candidacy.

  4. An employee applying for a posted job who is deemed qualified by the Employer and is awarded the opening accordingly, shall be granted an orientation period in which to confirm his/her apparent ability to perform the work to the Employer's satisfaction, and to determine his/her own interest in remaining in the new position. The orientation period for awarded classifications in Pay Grades 1 through 6 shall be three (3) calendar weeks. The orientation period for awarded classification in Pay Grades above 6 shall be six (6) calendar weeks. Prior to the end of the orientation period, the employee may elect to revert to his former position, but may not do so thereafter except through the procedures set forth in Paragraph B. of this Section. If the Employer disqualifies the employee prior to the end of the orientation period, the employee will revert to his/her former position, and in such event, the employee and the Union will be notified in writing as to the reason for removal.

  5. In the event the most senior applicant is not awarded the posted job, the reason for denial shall be given in writing to such employee, the Chief Steward, and the Union President.

  6. Employer shall not be required to post as job vacancies any positions for which temporary employees as defined in Section 2.B. of this Agreement may be hired. The employer shall notify the Union President and each Chief Steward whenever temporary employees are hired into bargaining unit positions.

  7. The Employer agrees not to fill job vacancies in bargaining unit classifications, in which the same work still exists, with other non-unit University employees. The Employer also agrees not to reclassify bargaining unit positions to non-bargaining unit positions if the duties of the position have not changed since the signing of this Agreement.