Local 743 Agreement

ARTICLE 6 - SENIORITY

Section 6.1.

For the purposes of this Article, "seniority" is defined as a bargaining unit employee's total length of continuous service within the bargaining unit, except that employees transferring into the bargaining unit who have previously held bargaining unit positions shall be credited with all time worked in such positions, provided there has been no break in University employment. In the event non-bargaining unit positions are reclassified into bargaining unit positions, the University shall have the right to assign the then present occupants to such reclassified positions. In such case, the occupants of reclassified confidential clerical positions shall be credited with seniority dating from their most recent date of hire, and occupants of other reclassified non-bargaining unit positions shall be credited with seniority dating from the date their jobs were reclassified.

Section 6.2.

New employees shall be considered probationary and shall have no seniority until they have been employed by the University for ninety (90) calendar days. It is the intent of the University to train and orient a new employee and to apprise the employee of his or her progress during the probationary period. The probationary period may be extended by mutual agreement, in writing, between the University and the probationary employee, and a copy of said agreement shall be furnished to the Union. During their probationary period, employees may be laid off or terminated at the sole discretion of the University, provided, however, that such discretion shall not be exercised arbitrarily or in violation of Article 4 of this Agreement. The Union may present grievances on behalf of employees in their probationary period, but such grievances may not be submitted to arbitration as provided for in Article 7 of this Agreement.

Section 6.3.

In effectuating reductions in force and in filling permanent vacancies within the bargaining unit, the following factors shall be considered:

1. ability and qualifications to satisfactorily perform the work; and
2. seniority.

Where two or more employees have equal ability and equal qualifications to perform a particular job, seniority shall be the controlling factor; provided, however, that placement and/or retention of employees classified as Secretaries and, where applicable, others performing substantial secretarial duties for academic personnel of the University shall be subject to the discretion of departmental supervision; provided, further, that such discretion shall not be exercised arbitrarily or in violation of Article 4 of this Agreement. For purposes of this Section 6.3, "academic personnel of the University" shall be deemed to include all persons defined in the University Statutes as members of the University faculties and other academic personnel, as well as faculty members emeriti, lecturers, deans, assistant deans, directors of institutes and academic programs, and those holding academic positions in the Laboratory Schools.

Employees will be required to take any and all tests which relate to their ability to perform the duties of positions for which they wish to be considered; however, employees will not be required to take tests which are unrelated to their ability to perform the duties of such positions.

Section 6.4:

In the event of a reduction in force of any staff, including employees occupying discretionary positions, the following options shall be available to the affected employee:

Option 1 - The employee who is displaced shall have the right to take immediate layoff, and bid for positions for a period equal to his/her seniority, not to exceed two (2) years after the effective date of the layoff.

Option 2 - The employee who is displaced may opt to bid and be given preference for vacant positions which he or she is qualified to perform in the same salary grade in the same occupational group (as listed in (Appendices G and I), with preference to any such vacancies within the same department. (See Appendix N, Placement Services for Laid-Off Employees).  Prior to posting a vacant position, the University will first consider laid off employees in the same salary grade and occupational group who have opted to seek re-employment pursuant to Option 2 and notified UHRM in writing within thirty (30) calendar days of their date of layoff.  The sixty (60) calendar day period during which laid off employees will receive preference pursuant to this paragraph will not begin to run until the laid off employee provides such notice to UHRM.  Nothing in this Option 2 shall prohibit the laid off employee from bidding for positions outside of his/her previously held classification.

If, within a period of sixty (60) calendar days from the date of layoff, the laid off employee does not secure a vacant position under this Option 2, s/he may utilize the right to displace the least senior employee occupying a position in the same salary grade in the same occupational group, provided the laid off employee is qualified to perform the duties of the position held by the individual s/he seeks to displace. It is understood that nothing shall prevent the employee from exercising bumping rights prior to the maximum timeframe of sixty (60) calendar days, should it be determined sooner that there are no available vacancies in the same salary grade and occupational group.

If the laid off employee is unable to displace a least senior employee as described above, s/he will be subject to the terms of Option 1.

Option 3 - The employee who is displaced may, within sixty (60) days of his/her layoff date, elect to receive a service-based severance payment in lieu of the procedures described in Options 1 or 2, provided they have completed five (5) years of service. Eligible employees who elect to receive a severance shall be eligible for a lump-sum payment equal to two (2) weeks of pay for every year of service, with a maximum payment of forty (40) weeks. Such employees shall be ineligible to bid for vacancies and may make application to the University only after the time period for which they receive severance payment has lapsed. In the event the laid off employee is rehired by the University after the period of ineligibility, such employee's seniority date shall commence on the first day of continuous service in the new position.

Under this Option 3, laid off employees will be permitted to continue their current health insurance at their current premium rate for up to four (4) months beyond their layoff date.

The parties agree that employees should be oriented, trained, and apprised of their progress and shortcomings on their new jobs in the period immediately following acceptance. If, at any time within ninety (90) calendar days it has been determined that the employee is not satisfactorily performing the work, such employee shall be released, and will be subject to one of the following provisions:

• Employees with ten (10) or more years of service will be given four (4) months from the date of release to apply for other positions; during the first thirty (30) days of this period, the employee may opt for the severance payment as outlined in Option 3 of this Section 6.4.
• Employees with five (5) years of service, but less than ten (10) years of service shall be given thirty (30) days from the date of release to either apply for other positions or to opt for the severance payment as outlined in Option 3 of this Section 6.4.
• Employees with less than five (5) years of service will be given thirty (30) days from the date of release to apply for other positions.
  

Laid-off employees who have completed five (5) years of service, and who are hired into another position may, within 30 calendar days following placement, choose to receive the severance payment in accordance with Option 3 above in lieu of continuing in the position which they accepted.

Laid-off employees who have not completed five (5) years of service, and who are hired into another position may, within thirty (30) calendar days following placement, elect to be placed on layoff status with bidding privileges for thirty (30) calendar days in lieu of continuing the position they accepted.

Employees who are displaced by a more senior employee shall be subject to the above layoff options and/or requirements, depending upon eligibility for same.

Employees shall receive at least two (2) weeks' advanced notice of lay-off, or they shall receive pay in lieu of such notice. Copies of lay-off notifications shall be simultaneously forwarded to the Union.

Section 6.5 (S/M)

Permanent full-time service/maintenance employees shall not be displaced by employees affected by regular seasonal lay-off.

Section 6.6

Notice of permanent vacancies (other than reclassified bargaining unit positions created pursuant to Section 6.1) shall be posted for a period of at least seven (7) days. Such notice shall identify the vacant job by a special ID number, the department in which it is located, requisite skills, scheduled hours, salary range, and the date the job will be removed posting. Non-probationary employees (including eligible laid off employees) desiring to fill posted vacancies may submit completed resumes during the posting period in a format provided by the University. Additional relevant records, recommendations and transcripts may be required or furnished at the time of interview.

The University shall award positions to bargaining unit applicants who have the ability and qualifications to perform the work, in the following order:

1. employees working in the same department in which the vacancy is located, subject to the conditions set forth in Section 6.3.
2. employees who have been working for at least six (6) months in a position in a lower salary grade outside the department in which the vacancy is located and employees who have been working for at least six (6) months in positions of equal or higher salary grades outside the department in which the vacancy is located, subject to the conditions set forth in section 6.3, provided that the six (6) month limit shall not apply to employees working in other departments owing to displacement caused by a reduction in force.
3. eligible Hospital employees as provided in the Letter of Agreement for UCHC employees.

All bargaining unit applicants shall receive notification at the time they register their interest for a position, confirming receipt of the employee’s application. The hiring department will issue written notification to each bargaining unit applicant who is interviewed, identifying the reason(s) the employee was not selected to fill the position. Nothing contained in this Section shall prevent the University from temporarily filling posted vacancies while it is determining whether there are bargaining unit applicants with the ability and qualifications to satisfactorily perform the work, or until a successful applicant can be reassigned.

If there are no qualified bargaining unit applicants, nothing contained in this Section shall be construed as requiring the University to fill a vacancy with an employee who is not qualified to perform the available work satisfactorily; nor shall the University be precluded from offering such vacancy to an employee who did not apply therefor or from hiring new employees to fill such vacancy in the event there are no qualified employees.

In the absence of a sufficient number of qualified volunteers, movement of employees within a department and job classification from one shift to another in order to assure adequate staffing shall be done in inverse order of seniority, subject to the considerations set forth in Section 6.8.

In the event the University implements a promotional credentialing program during the length of this Agreement, eligibility to bid on vacant positions located outside the employee’s department will be contingent upon an employee’s participation in said program and being approved for promotional opportunities. Such promotional approval would be obtained by fulfilling the requirements established for the credentialing program as agreed to by the parties. Said program will be administered by Human Resources.

Section 6.7. (S/M)

Service/maintenance employees having the ability and fitness to satisfactorily perform the work may utilize their seniority to bid for lateral transfer to vacant positions within their units/departments in situations as follows:

1. For a shift change to or from a day, evening, or night position, or one which includes a weekend schedule. (Reassignment of employees to other shifts by management shall be by reverse order of seniority).
2. For an increase or decrease in their scheduled working hours.

Section 6.8.

The parties agree that employees should be oriented, trained, and apprised of their progress and shortcomings on their new jobs during the period immediately following promotion, lateral transfer or selection as a result of placement. If, at any time within ninety (90) calendar days following promotion, lateral transfer or layoff selection, it is determined that an employee is not satisfactorily performing the work, such employee shall be reassigned to his or her original position. In the event the original position has been eliminated through a reduction in force, the employee shall be afforded the provisions in Section 6.4.

Employees may elect to return to their former positions within thirty (30) calendar days following promotion or lateral transfer.

Section 6.9.

An employee's seniority and the employment relationship with the University shall terminate upon the occurrence of any of the following:

1. resignation or retirement;
2. discharge;
3. absence for three (3) consecutive workdays without notification to the University of the reason for the absence, or violation of departmental call-in procedures during such period;
4. failure to return to work from layoff as provided in 6.4 (Option 1) - after a period equal to the employee’s accumulated seniority, not to exceed two (2) years;
5. failure to report for work at the termination of a leave of absence or vacation; or
6. employed while on a University-approved leave of absence.

Section 6.10.

Any employee selected as an officer or delegate of the Union shall be allowed a maximum of one (l) year off without pay for the performance of such duties without loss of seniority rights. The Union shall provide a minimum of two (2) weeks' notice of any absence requested under this Section. The employee will be replaced to a comparable position in the same salary grade.

Section 6.11.

The University agrees to submit quarterly seniority lists to the Union.