Common use of Posting of a Vacancy Clause in Contracts

Posting of a Vacancy. A. When the Employer determines that a permanent vacancy exists, it is agreed that all appointments shall be filled in accordance with this Section. If the Employer determines that it is not going to fill a vacancy, the Superintendent will advise the Association President within fourteen (14) work days of the occurrence of the vacancy. B. The Employer has the right to post any permanent vacant position internally and externally at the same time. C. The Employer is not required to post any permanent vacant position internally when such position is an entry level (Intermittent) position. D. The Employer is not required to post any permanent vacant position where the reassignment or transfer of an employee will fill such vacancy. E. Any employee who wants to be transferred or reassigned in his same classification, must provide a completed copy of the Request to be Transferred or Reassigned Form (Appendix J), specifying his choice of work location (building) or work area. This Form must be in the possession of the employee’s immediate supervisor at least twenty-four (24) hours prior to the effective date of the vacancy. Employees shall be selected by seniority under this provision. Transportation employees must follow the above procedure and timelines by providing the Transportation Supervisor with a copy of the Request to be Transferred or Reassigned Form specifying that he has a desire to change routes. All employees providing this form shall be responsible to provide a telephone number on the Form so as to allow the Employer to contact them at all times when they are not scheduled to work. Employees reserve the right to change a work area request. F. When a transfer or reassignment occurs in the employee's classification, the Employer will not be required to interview employees for such position. G. Employees wishing to make application for a vacant position which is a promotional position shall do so by signing and dating the posting for that vacancy. 1. All employees who timely signed the posting shall be reviewed considering the following criteria: qualifications, experience, work record and previous job performance. Education and physical capability may apply depending upon the position being filled. 2. Of those employees who have signed the posting, if all other qualifications of two (2) or more employees are equal, in the Employer’s sole determination, the most senior employee shall be selected. H. An intermittent employee shall be considered before a new hire. The Board shall give written reasons why the intermittent employee was not selected. Notification to an intermittent employee not receiving the position will be sent the same day the notice is sent to the candidate receiving the position. I. If the Board determines that it is going to hire an intermittent employee before a new hire under the provisions set forth in Section H above and more than one (1) intermittent applicant is considered for the vacancy, the intermittent with the most seniority shall be offered the vacancy if his qualifications, as determined by the criteria in Section G above, are equal to the other intermittent applicants. J. Once the selection is made, the Board shall notify all interviewed applicants of the selection.