Common use of Non-certification Clause in Contracts

Non-certification. An Appointing Authority who does not certify a probationary employee shall notify the employee in writing with a copy to the Local Union of the reasons for the non-certification. The Union shall have the right to challenge such reasons through the third step of the grievance procedure. However, for any grievance other than non-certification, employees with permanent status in another class and serving a subsequent probationary period shall not be denied use of Article 17 through the arbitration process. The employee who is non-certified shall be returned to their former class and employment condition within the seniority unit from where the employee came, and if a vacancy exists, to the same geographic area. If there is no vacancy in the employee’s former class and seniority unit, the layoff provisions of this Agreement shall apply. An employee who is non-certified following recall from a Seniority Unit Layoff List shall be returned to the layoff list for the time remaining.

Non-certification. An Appointing Authority who does not certify a probationary employee shall notify the employee in writing with a copy to the Local Union of the reasons for the non-non- certification. The Union shall have the right to challenge such reasons through the third step of the grievance procedure. However, for any grievance other than non-certification, employees with permanent status in another class and serving a subsequent probationary period shall not be denied use of Article 17 through the arbitration process. The employee who is non-certified shall be returned to their his/her former class and employment condition within the seniority unit from where the employee came, and if a vacancy exists, to the same geographic area. If there is no vacancy in the employee’s former class and seniority unit, the layoff provisions of this Agreement shall apply. An employee who is non-certified following recall from a Seniority Unit Layoff List shall be returned to the layoff list for the time remaining.