PROMOTIONS AND VACANCIES 3.1 The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification that is being filled. Only those candidates who have the position-specific skills and abilities required to perform the duties of the vacant position will be referred for further consideration by the employing agency.
3.2 An agency’s internal layoff list will consist of employees who have elected to place their name on the layoff list through Article 35, Layoff and Recall, of this Agreement and are confined to each individual agency.
3.3 The statewide layoff list will consist of employees who have elected to place their name on the statewide layoff list in accordance with WAC ▇▇▇-▇▇-▇▇▇.
3.4 A promotional candidate is defined as an employee who has completed the probationary period within a permanent appointment and has attained permanent status within the agency.
3.5 A transfer candidate is defined as an employee in permanent status in the same classification as the vacancy within the agency.
3.6 A voluntary demotion candidate is defined as an employee in permanent status moving to a class in a lower salary range maximum within the agency.
3.7 When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner:
A. The most senior candidate on the agency’s internal layoff list with the required skills and abilities who has indicated an appropriate geographic availability will be appointed to the position.
B. If there are no names on the internal layoff list, the agency will certify up to twenty (20) candidates for further consideration. Up to seventy-five percent (75%) of those candidates will be statewide layoff, agency promotional, internal transfers, and agency voluntary demotions. All candidates certified must have the position-specific skills and abilities to perform the duties of the position to be filled. If there is a tie for the last position on the certification for either promotional or other candidates, the agency may consider up to ten (10) additional tied candidates. The agency may supplement the certification with additional tied candidates and replace other candidates who waive consideration with like candidates from the original pool.
C. Employees in the General Government Transition Pool Program who have the skills and abilities to perform the duties of the vacant position may be considered along with all other candidates who have the skills and abilities to perform the duties of the position.
D. If the certified candidate pool does not contain at least three (3) affirmative action candidates, the agency may add up to three (3) affirmative action candidates to the names certified for the position. When recruiting for multiple positions, the agency may add an additional five (5) agency candidates and five (5) other candidates to the certified list for each additional position.
TRANSFERS AND VACANCIES A. A request by a teacher for transfer shall be made to the Human Resources Department in writing prior to April 30 on forms furnished by the Board, and a copy of the transfer request shall be forwarded by the Human Resources Department to the current principal(s) and, unless the teacher prohibits such notification, the HVEA president. After consideration of the transfer requests, any vacancy must be posted. The application shall set forth the reasons for transfer, the school, grade and/or position sought and the applicant's academic qualifications, certifications, and endorsements on file with Human Resources as of March 31. The teacher requesting a transfer will notify and discuss the matter with the principal of the school to which he/she wishes to be transferred. If all parties - the teacher, the principal of the school to which the teacher wishes to transfer, and the Board are in favor of such transfer, then the transfer shall take place. In each case where a teacher has requested a transfer under this Section and where the request is not granted for any reason, the teacher will receive an explanation in a timely manner. However, it is understood that transfers after the close of school shall be granted at the discretion of the Superintendent.
B. It is recognized by both parties that involuntary transfers may be necessary; however, the Board agrees that involuntary transfers will be made only for good cause. Following one week notification, plus consultation with the teacher or teachers and principals concerned at a meeting, including the Superintendent or his/her designee and the association President or his/her designee, it shall be up to the Superintendent of Schools as to whether an involuntary transfer is necessary. Upon written request of the teacher, the association shall also be notified of the reasons for such unrequested transfer.
C. When involuntary transfers are effected for a necessary reduction in a school's staff allocation due to reduced student enrollment, reduced finances or the closing of a building, qualifications, program needs and seniority shall be considered in such transfer decisions. When qualifications and program needs are predominately equal, seniority shall prevail.
D. The filling of instructional vacancies shall be accomplished by using the following procedures:
1. Review all transfer requests.
2. Provide the association President with appropriate postings including qualifications and job descriptions (where possible), as vacancies occur. All known instructional vacancies will be posted in each school building in the district between April 1 and April 15.
1. The posting of extra-curricular vacancies shall be for a period of five (5) workdays.
2. The vacancies shall be posted district-wide, with first preference given to bargaining unit members within the building. Candidates that meet the qualifications shall receive an interview.
3. If the position is not filled from within the building, then qualified district-wide candidates shall be interviewed.
4. Internal candidates not selected for a position shall receive, in writing, the reasons for not being selected. In addition, the District is encouraged to provide suggestions for training and/or experience opportunities that may increase skills and improve the possibility of successful selection for future vacancies.
5. Should the position remain unfilled, the district may post the position to the public.
E. The Board and the association recognize that transfers of personnel to fill vacant instructional staff positions arising during the school year are disruptive to the educational process. However, to insure that recognition is given to the aspirations and abilities of its staff, all such vacant instructional staff positions occurring during the school year will be considered to be filled on a temporary basis when personnel outside the district are hired. All transfer requests made by current staff to these positions shall be given priority in filling these vacancies for the following school year. Teachers desiring a transfer shall endeavor to submit their requests within five (5) working days after the postings. If no transfer request for the position has been made by April 30, then the position may be otherwise filled by the district. Notice will be sent to the association President when a vacancy has been filled on a temporary basis. The Board agrees to inform temporary teachers in writing of this contract provision prior to their employment.
F. All vacant supervisory positions within the instructional staff shall be posted in every school building. A supervisory position is defined as one having the scope and authority of hiring, promoting, demoting, or dismissing employees. No such vacancy shall be filled, except on a temporary basis, until such vacancy shall have been posted for at least two (2) weeks.
G. A Screening Committee including a Huron Valley teacher representing the association may interview candidates for Huron Valley instructional administrative positions.
H. Any qualified teacher may apply for any instructional supervisory vacancy. In filling such vacancy, the Board shall consider the professional qualifications, background, attainments, and other relevant factors, including seniority of all applicants from within the school district, as well as applicants from outside the school district. Provided, however, in all appointments to positions, the Board's decision shall be final and not subject to the grievance procedure.
I. Any teacher who shall be transferred to an administrative or executive position and shall later return to a teacher status shall be entitled to retain such rights as he/she may have had under this Agreement prior to such transfer to supervisory or executive status.
J. A bargaining unit member, who has not previously attained tenure under the Michigan Teacher Tenure Act (MCLA 38.71, et seq.) in a position other than as a classroom teacher, who is placed in a position other than a classroom teacher, shall not be deemed to have tenure in such non-classroom teaching position by virtue of this contract or any individual contract for such non-classroom position, but shall be deemed to have continuing tenure as an active classroom teacher after the probationary period if applicable.
K. Whenever vacancies occur during the normal summer months the following procedures shall be followed:
1. Teachers with specific interests in possible vacancies will notify the Human Resources Department of their interest in writing during the last regular week of school and shall include a summer address.
2. Should a vacancy occur, the teachers who have expressed an interest in said position or similar position shall be contacted by the Human Resources Department and notified of the vacancy.
3. The teachers so notified shall have the responsibility of contacting the Human Resources Department indicating their interest in said position within three (3) days of notification.
4. Notice of summer postings shall be sent to the association President.
5. Vacancies will be posted at the district's administration office for a period of five (5) working days.
JOB VACANCIES (a) Announcements of opportunities for all job vacancies in new jobs, existing jobs, training positions, and apprenticeship positions within the bargaining unit, will be posted on the bulletin board of each lunchroom for a period of ten (10) days prior to the filling of the job vacancy. If a posting is temporary, the expected duration, if known, will be included in the posting. Employees desiring consideration in the filling of the job vacancy shall signify their desire by applying for the job notice during the period in which it is posted.
(b) In filling posted vacancies, the skill, knowledge and ability of the applicants for the position shall be the primary consideration. Where two or more regular employees qualify, seniority shall be the determining factor. The skill, knowledge and ability for vacancies posted under this Article shall be those reasonably necessary to perform the job function and shall not be established in an arbitrary or discriminatory fashion.
(c) All employees accepted to posted jobs shall be on probation for thirty (30) days worked, except for employees promoted into a technical trade position (e.g. Machinist or Millwright) who shall be on probation for ninety (90) days worked. During this period, the employee may, at his option, return to his former job, or, if in the Employer’s opinion the employee is not progressing satisfactorily, may be returned to his former job. Posting probation may be extended for days missed, in keeping with the procedures outlined in Article 18.02.
(d) A notice shall be posted on the bulletin boards listing the name of the successful applicants, within the time limits of the job posting procedures.
(i) Employees who post into a temporary position will be automatically returned to their former position once the posting is complete.
(e) Every internal job applicant who meets the minimum qualifications will be given an interview unless he/she has been interviewed for a similar position within the last three (3) months. Every internal job applicant who is not given an interview will have the reasons explained to him/her.
(f) In the event an employee transfers to a higher rated position, or is temporarily moved by the Employer, he or she will be entitled to the rate for that job. The transfer will occur in accordance with Article 18.10(b) of the Collective Agreement.
(g) When a temporary vacancy exists for a position in a higher classification, the Employer will attempt to fill that position with a regular employee through a posting process if no cross-trained employee is available.