eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Current Contract

   


ARTICLE 20 - EVALUATION PERIODS

ARTICLE 20.  EVALUATION PERIODS
20.1 Probationary Period.  All employees new to the bargaining unit, including flex staff and relief employees, shall serve a Probationary Period of six (6) months.  The Probationary Period shall begin on the first day of employment with the Employer.
20.1.1 Temporary employment credit.   Up to ninety (90) days of temporary employment on the Employer’s payroll shall be credited towards an employee’s satisfaction of his or her Probationary Period, but only if the employee, with no more than a fifteen (15) day break in service, is hired into a regular position with the same duties as the temporary employment duties in the same classification and the same work unit. 
20.1.2 Exception.  Former regular status employees reinstated by the Employer within one (1) year of their termination, in the same classification they previously held with essentially the same duties, and in the same work unit from which they were separated, shall not be required to serve a Probationary Period.
20.1.3 Written feedback.  During a period between the 30th and 110th day of the Probationary Period, the supervisor shall communicate in writing to the employee which duties/responsibilities are being performed at an acceptable level, which need improvement and what steps the employee should take to achieve the necessary improvement. 
20.1.4 Termination During Probationary Period.  At any time during the Probationary Period, the Employer may terminate an employee if, in the opinion of the Employer, the evaluation period indicates that such employee is unable or unwilling to perform his/her duties satisfactorily or that his/her habits and dependability do not merit his/her continuance in the position.  The Employer may also terminate the employee due to a lack of work, shortage of funds or materials, abolishment of position, or other involuntary reasons not reflecting discredit on the employee.  The Union shall receive notice of such terminations.
20.1.5 Job change.  An employee serving a Probationary Period is permitted to job bid pursuant to Section 18.1 but may not apply for positions pursuant to Section 18.2 unless an exception is made with the consent of the employee’s current manager.
20.1.6 Access to grievance procedure.  Employees serving a Probationary Period shall have access to the grievance procedure in Article 24 for all matters other than their termination from employment during the Probationary Period.
20.2 Internal Job Change Evaluation Period.
20.2.1 When applicable.  The following employees will serve a six (6) month Internal Job Change Evaluation Period:  
a. Employees who have completed the Probationary Period and are promoting, transferring or voluntarily demoting to a new bargaining unit position.  See Section 18.2.
b. Employees placed in a position due to a layoff.  See Section 19.5.
c. Employees returning to the bargaining unit from unclassified status. 
d. Employees hired into a position while on the Preferential Hire List.  In accordance with Section 5.20, this category includes employees returning from an Extended Medical Leave (EML) and qualifying for hire pursuant to Section 18.2.1.  If, however, the employee returning from an EML is placed in the same job classification, with essentially the same job duties and in the same work unit from which the EML was granted, then the evaluation period does not apply.
e. Employees placed in a different position (1) when returning from a qualified Workers’ Compensation injury or illness or (2) as an accommodation to their disability.
20.2.2 Feedback and communication.  Upon commencement of the new assignment, the employee shall, if necessary, receive an updated position description.  During the evaluation period supervisors shall give regular feedback on the employee’s work performance.  If a problem occurs, the supervisor will communicate the nature of the problem, the expected level of performance and provide reasonable opportunity and assistance to resolve the problem.
20.2.3 Written feedback.  During a period between the 30th and 110th days of the Internal Job Change Evaluation Period the supervisor shall communicate in writing to the employee which duties/responsibilities are being performed at an acceptable level, which need improvement and what steps the employee should take to achieve the necessary improvement.  If the supervisor fails to perform this evaluation by the close of business on the 110th day of the evaluation period, the balance of the Internal Job Change Evaluation Period is waived and the employee is no longer in an evaluation period.
20.2.4 Modified progressive discipline.  During this evaluation period employees shall have access to a modified progressive discipline process consisting of a written reprimand and discharge, both actions subject to a standard of just cause except for the number of steps in the progressive discipline process.  This modified disciplinary process shall apply primarily to issues of conduct or attendance, as distinguished from causes for removal under Section 20.2.5.
20.2.5 Right to remove during evaluation period.  At any time during the Internal Job Change Evaluation Period, the Employer may remove an employee if, in the opinion of the Employer, the evaluation period indicates that such employee is unable or unwilling to perform his/her duties satisfactorily, that the employee’s habits and dependability do not merit his/her continuance in the position, or if a lack of work, shortage of funds or materials, abolishment of position or other events not reflecting discredit on the employee occur.
20.2.6 Employees removed following transfer to new department or work unit.  If an employee is removed during the Internal Job Change Evaluation Period following a promotion, lateral transfer or voluntary demotion into a new department or work unit, the employee shall be placed on the preferential hire list.  If the employee thereafter is hired into a vacant position and subsequently removed from that position, it will be deemed a termination of employment, without recall rights or further access to the preferential hire list.
20.2.7 Employees removed following transfer within department or work unit.  If an employee is removed during the Internal Job Change Evaluation Period following a promotion, lateral transfer or voluntary demotion within a department or work unit, the employee shall be reinstated to his or her former position or a suitable position for which the employee is qualified within the employee’s former classification and department.  This right of the employee to continued employment ceases if the employee is discharged for cause.
20.2.8 Employees removed following placement under Section 19.4.  If the Employer removes an employee who is serving an Internal Job Change Evaluation Period as a result of the employee exercising his/her option under Section 19.4, it shall document the reasons and communicate the reasons to the employee and the Union.  Once notified of the removal, the employee shall have the option of either (1) appealing the removal, or (2) being placed on the preferential hire list.  If the employee thereafter is recalled to a vacant position and subsequently removed from that position, it will be deemed a termination of employment, without recall rights or further access to the preferential hire list.
20.3 Extensions.  Any Probationary Period may be extended by mutual agreement between the employee and the employee’s supervisor.  Any Internal Job Change Evaluation Period may be extended by mutual agreement of the employee, the Human Resources Department, the employee’s supervisor and the Union.  Any leave of absence, with or without pay, shall extend the evaluation period by the number of days of the leave.
 


   

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