AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 18 - FILLING OF VACANCIES
ARTICLE 18. FILLING OF VACANCIES
Job Bid. When the decision is made to fill a vacant position, the Employer must first make the position available, through the job bid process, to employees in the same job classification, with similar job duties, and within the affected work unit.
Posting and awarding of position. When a vacant position is to be filled, including any regular, relief, flex or limited duration employee position, it shall be posted in the work unit or emailed to eligible employees to allow bidding for at least seven (7) days. The posting will include the date, primary job duties, location, hours of work and days off or rotation of the position. Departments in which computer access is limited are expected to post job bids on a bulletin board in an area frequented by employees.
Employees serving an Internal Job Change Evaluation Period and temporary employees may not job bid. The position shall be awarded to the most senior eligible bidding employee working in the same job classification in the work unit, and that employee shall be notified of appointment to the vacant position within ten (10) days of its posting.
Placement. The Employer shall place the employee in his/her new position no later than four (4) weeks of the date the employee is notified of selection or the job becomes available, unless such move would pose a threat to patient or co-worker health or safety. In the latter situation, the managers and employee will negotiate a mutually agreeable report date.
When job bid is unnecessary. The Employer may make temporary assignments without a bid, pending completion of the bid process for training purposes or to accommodate workload due to an OFLA/FMLA absence of the regularly assigned employee(s). In addition, a vacant position may be filled without regard to the job bidding process if the vacancy is the result of two (2) previous vacancies being filled by job bidding.
Transfer of positions to different shift. In the event it becomes necessary to move part of the work unit to a different shift(s), the position(s) on the different shift(s) will be posted for seven (7) days and bid on the basis of seniority. If no one bids for the position(s), it will be filled by reassigning the least senior employee(s) on the affected shift.
Restriction on additional bids. If an employee bids on and receives a new position in accordance with the provisions of this section, that employee may not bid into another position for nine (9) months from the date of award notification. This restriction does not preclude an employee from applying for a position (not through the job bid process) at any time. Moreover, this restriction shall not apply when an employee successfully bids on a job opening in a specific location and the Employer thereafter changes the job to a different location.
No recruiting prohibition. The Employer shall not be prevented from commencing the recruiting process for other applicants while the job bidding is in progress.
Job Posting. In the event a vacant position remains to be filled after the Employer has exhausted the steps in Section 18.1, the selection process may be opened to other candidates. The posting requirements of this section apply to all regular and relief employee positions. They do not apply to Flex Staff or Limited Duration Employee positions.
Reemployment obligations. The Employer shall first determine if there are any qualified eligible employees (1) returning from a qualified Workers’ Compensation injury or illness, (2) eligible for placement as an accommodation to their disability, (3) qualified to be hired from the Preferential Hire List, or (4) on written official notice of an impending layoff.
Selection process and priority to internal candidates. Internal and external candidates may be recruited, interviewed and considered concurrently during the selection process. Within this context, however, the Union and the Employer intend to provide bargaining unit employees priority as follows:
Bargaining unit employees will be interviewed if (1) they have applied within the seven (7) day internal to OHSU posting period, and (2) they are immediately qualified to perform the essential functions of the position following the customary orientation for the work area.
When there are one or more well qualified transfer, promotional or voluntarily demoting applicants as determined by the Employer, the vacancy will be filled by the best qualified internal candidate.
If there are no well qualified internal applicants as determined by the Employer, an external applicant may be selected.
Internal candidates who apply after the 7-day internal application period will be offered the same consideration as an external candidate with no special priority.
Posting and application process. At least once weekly the Employer will post a list of available positions on the OHSU Web page. In order to be considered for a position, employees must submit their applications in accordance with the Employer’s applicant management system. A separate application should be submitted for each position. The Employer shall make available to interested applicants copies of applicable position descriptions on file with the Human Resources Department.
Provisions applicable to internal applicants only:
Application of seniority. If two (2) or more employees being considered for a promotion, transfer or voluntary demotion are essentially equal (as opposed to “relatively” equivalent) in their ability to perform the essential functions of a position, the promotion, transfer or voluntary demotion shall be given to the employee with the greatest seniority.
Reasons for non-selection. An employee may request in writing the specific written reasons why he/she was not selected for a position. All such written requests must be submitted to the hiring manager within seven (7) days from notice of the employee’s rejection. The hiring manager shall provide a written explanation to the employee within seven (7) days of receipt of the employee’s request.
Transfer of internal applicants. The Employer shall place the internal applicant in his/her new position no later than four (4) weeks of the date the employee is notified of selection or the job becomes available, unless such move would pose a threat to patient or co-worker health or safety. In the latter situation, the managers and employee will negotiate a mutually agreeable report date.
Evaluation period. Employees filling a vacancy under this section will serve a six (6) month Internal Job Change Evaluation Period in accordance with the provisions of Section 20.2.
Non-Temporary Transfer to Separate Location. In the event that circumstances call for transfer of an employee without a vacancy being created, the employee being transferred from either the affected work unit or the affected team, at the manager’s option, will be the least senior qualified employee in the absence of a volunteer. An employee being transferred to a new location will receive fourteen (14) days’ advance notice if the employee is required to make alternate arrangements for transportation or child/elder care. For purposes of the previous sentence, Marquam Hill is considered one location.
Training Positions. The Employer may post a training position under two separate circumstances. First, the Employer may post the position strictly as a training position, without requiring that candidates be qualified for the position. In the alternative, the Employer may post the position as either a training position or a position available to qualified applicants, in which case trainee applicants will be considered only if there is no suitable qualified candidate. Existing applicable job classifications may be utilized with qualifications modified to support the trainee selection process. In the absence of an existing classification, a new trainee job classification will be created. The supervisor shall develop a training plan and objectives that set forth a reasonable timeframe by which the trainee must be fully proficient in the new job.
Limitations. Training positions may not exceed one (1) position or fifteen percent (15%) of the openings within any one (1) job classification, whichever is greater, in any calendar year. Training positions cannot continue for more than twelve (12) months without mutual consent of the Union and the Employer.
Eligibility. To be eligible for training positions, employees must at a minimum (1) have completed all required position evaluation periods, (2) have received no current performance appraisal less than satisfactory on file, and (3) be under no active discipline. For purposes of this section, active discipline is at or above the written warning level within the last two (2) years; it does not include discipline reduced to a verbal warning or withdrawn as a result of a grievance.
Selection. When trainees are considered for a posted position, internal applicants shall be considered prior to applicants outside of the bargaining unit. Employees in the work unit who have applied for the training position within the first five (5) days will receive an interview and consideration for the position.
Pay rate. The pay rate for the training position shall be mutually agreed upon between the individual employee and the manager, but shall be no less than 4% below the minimum of the range for the applicable job classification. Based on the employee’s progress toward becoming fully functional, the manager may increase the employee's pay rate at any point during the training period.
Conclusion of assignment. The Employer or employee may end the training assignment at any time with reasonable notice to the other. The decision to end the training assignment is not subject to the grievance procedure. If the employee opts out within thirty (30) days after the training assignment began, the employee will be allowed to return to the position s/he held immediately prior to the training position, unless said position has been eliminated in the normal course of business. After the 30-day period and for the duration of the training period up to 12 months, the employee may be removed from the training position in accordance with Section 20.2.6 or Section 20.2.7, whichever applies. In the case of job elimination the employee will be laid off in accordance with Article 19.
Preservation of Right to Assign Work and Change Job Duties. The provisions of this article, except as specifically provided herein, do not otherwise restrict the Employer from assigning work or changing job duties.
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