ARTICLE 9


VACANCIES AND SENIORITY

9.1 FILLING VACANT POSITIONS

A. Posting and EEO Procedures

The employer will establish and maintain EEO procedures which shall be applicable to the recruitment and filling of all positions. Posting and publication of notice of permanent vacancies within the bargaining unit shall be consistent with the requirements of the employer's EEO procedures.

B. Job Change Encouraged Without Penalty

It shall be the policy of the employer to openly encourage present employees to make application for new, different, or more advanced positions for which they may be qualified, without apprehension or concern about penalty or loss of their present position.

C. Temporary Promotions

Employees may be temporarily assigned all of the duties and responsibilities of a higher paid position for reasons deemed appropriate by the employer. An employee so assigned shall be notified in writing at the beginning of the assignment as to the anticipated duration of the temporary promotion, and the wage rate to be received during the temporary promotion. The employee will return to their former position and wage rate at the end of the temporary promotion. When an employee is assigned the duties and responsibilities of a higher paid bargaining unit employee for more than three (3) consecutive working days, the employee will receive the higher hourly rate of pay from the first day.

9.2 SENIORITY

A. Seniority Defined

Seniority means a regular employee's length of uninterrupted service with the employing campus in a bargaining unit position. The seniority date for all regular employees shall typically be the most recent date of hire in a bargaining unit position. Employees hired prior to the signing of this agreement who have not had a break in service shall not lose any seniority accrued under the agreement between the employer and the International Brotherhood of Painters and Allied Trades. An employee's seniority date may be adjusted to reflect seniority credits earned prior to a transfer out of the bargaining unit in accordance with the following:

  1. Prior Seniority Recognized

    Seniority shall cease to accrue if an employee is transferred or promoted to a position out of the bargaining unit. Upon the return to a bargaining unit position, it shall be the responsibility of the employee to inform the employer in writing of the employee's eligibility for recognition of prior seniority credits.

  2. Selection of Employees for Layoff

    Seniority shall be the controlling factor in selection of employees for an involuntary layoff within each classification and within a budgeted department. The employer shall give affected employees and the bargaining agent at least ten (10) calendar days' notice of anticipated layoff.

  3. Recall

    Employees shall be eligible for recall for one (1) year from the date of a layoff. Recall from layoffs shall be in reverse order of layoff. The employee shall be noticed by certified mail of any recall to employment. If the employee fails to communicate acceptance of the offer of recall within ten (10) working days from the date of mailing of the written notice, the employee shall be considered as having forfeited any right to recall.

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