ARTICLE 17 - VACANCIES AND PROMOTIONS

Section 1.

  1. The appointing authority is recognized as the sole authority to appoint an applicant to a vacant position. When the appointing authority determines that a vacancy is to be filled, it will be published in the "Yellow Sheet" as outlined in Article 17D. Appointments shall be published within ten (10) calendar days following the appearance of the appointee's name on the payroll register and in accordance with the further provisions of Article 17D. The appointing authority will not be obligated to consider an application for a position from an employee who has not submitted his/her request, nor registered under the current blanket policy of the appointing authority, on or before the seventh (7th) calendar day after the vacancy is posted.
  2. For the purpose of this Article, promotion shall be defined as an appointment to a position of a higher job grade; a change in job title without a change in job grade shall be considered a lateral appointment.

Section 2. All applications for a vacant position shall be divided into priority subgroups a, b, c, and d respectively. The University Employment Office shall send at one time all groups of applicants for a vacant position to the appointing authority. Only after the review, which will include interviews where appropriate, of each group has been completed and no sufficiently qualified candidate has been selected, may the appointing authority look at and review the applications of the next group. The appointing authority shall hold the applications and shall consider each group in the following order of priority: Subgroup a- The applications of bargaining unit employees and other applicants within the targeted pool as defined by the appointing authority' s affirmative action program, only if the position has been targeted by the appointing authority' s affirmative action program. Subgroup b - The applications of non-probationary employees within the bargaining unit. Subgroup c - The applications of probationary unit members. Subgroup d - The applications of non bargaining unit persons. In making selections from within a priority sub-group, campus seniority will govern where upon review by the appointing authority ability, experience, training, and education of the applicants are equal. Any determinations made by the appointing authority concerning the filling of vacancies from among bargaining unit applicants in subgroups a, b, and c shall be grievable to Step 4 , but shall not be arbitratable. In the event the appointing authority fills a vacancy by appointing a bargaining unit applicant and such appointment results in bypassing the campus seniority of another bargaining unit employee then the reason for bypassing the bargaining unit employee's seniority, if requested, shall be given in writing to the employee. Only bargaining unit unit in subgroup a may grieve appointments to targeted positions.

Section 3. In filling vacancies campus seniority will govern where, upon review by the appointing authority, the ability, experience, training, and education of the applicants are equal. In the event the appointing authority fills a vacancy by appointing a non-bargaining unit applicant and such appointment results in bypassing the campus seniority of a bargaining unit applicant then the reasons for bypassing the bargaining unit employee's seniority, if requested, shall be given in writing to the employee. Only a senior bargaining unit member who has been bypassed shall have the right to request such information. Under these circumstances, the appointing authority's determination may be grieved and processed through arbitration. In the event arbitration is invoked hereunder, the arbitrator's authority shall be limited to reviewing, consistent with the criteria set forth herein, the appointing authority's determination that the qualifications of the successful and unsuccessful candidates are not equal. In no event shall an arbitrator have authority to review or reverse the appointing authority's determination under Section 2 hereof that applicants within a particular priority subgroup are not sufficiently qualified. A unit member may grieve his/her nonselection for a position only to Step 4 of the grievance process if such position was awarded to another unit member.

Section 4. The Employer shall use reasonable efforts to answer requests for information regarding the search and selection procedure submitted by the senior unit member who has been bypassed and makes such request pursuant to Section 2 or Section 3 and requests made in the investigation of a grievance filed under Section 2 or Section 3.

Section 5. Trial Period

  1. An employee who is appointed to a different position shall serve a three (3) month trial period from the effective date of the appointment. In no case, however, shall this trial period expire prior to the completion of six (6) months of continuous employment from the most recent date of hire.
  2. During this trial period, if the employee's work performance in the new assignment is not satisfactory to the CEO said employee shall revert back to his or her former position. This matter may be a proper subject for the Grievance procedure.
  3. If the employee is not satisfied with the new position, he/she may elect to return to the former position within thirty (30) days after said new appointment.
  4. All appointments made related to this section shall be temporary or provisional appointments at least until the completion of the trial period. All vacancies resulting from an employee's appointment pursuant to this section shall be filled temporarily or provisionally at least until the appointed employee has completed his/her trial period. The employer shall notify all employees of this provisional appointment trial period.

Section 6. At the time of appointment to a higher grade, an employee will receive an increment consistent with the Employee Compensation Article of this Agreement.

Section 7. A bargaining unit vacancy may not be filled with a CC/03 employee unless it is to meet one of the following conditions:

  1. Temporarily replace a bargaining unit member who is on approved leave of absence.
  2. To fill a position which is know to be of limited duration or a duration of less than twelve (12) months.
  3. To deal with an emergency situation.

Section 8.

  1. The University may advertise and fill new bargaining unit positions as temporary appointments. A temporary appointment shall not exceed two (2) years but may be extended one (1) year upon written notice to the Association. When the University seeks to fill a temporary position it shall identify the position as temporary on the Yellow Sheet.
  2. A temporary employee who has completed their term of appointment before three (3) years have elapsed may be separated from the University without recourse to Articles 22, except as provided herein and Article 26. Laid off temporary employees shall be considered "off campus" applicants when they apply for a position they held as a temporary appointment that becomes permanant. For all other positions they shall be considered "on campus" applicants for two (2) years from their date of layoff.

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