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Article 18: Movement Of Personnel - Vacancies, Transfers and Reassignments

Collective Bargaining Agreement for Maintenance and Operations

Maintenance and Operations CBA

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Article 19: Education and Training 

18.1 Lateral Transfers

18.1.1

A lateral transfer is defined as a lateral move from a job in one classification to another job in the same classification, to different campus, within the same grade level.

18.1.2

Employees may request a transfer by applying for the position when posted on the CNM website. Employee applicants for such transfers will be considered before outside applicants are considered.

18.1.3

If the Employer fills the vacancy with an applicant voluntarily transferring and if the Employer determines two (2) or more applicants are equally qualified, the senior employee will be selected.

18.2 Vacancies

18.2.1

Vacancies for all positions in the bargaining unit, that the Employer determines need to be filled, shall be posted on the CNM website for a minimum of five (5) working days.

18.2.2

Employees who wish to be considered for vacancies may apply by following the directions provided on the vacancy posting or by contacting the Human Resources Department for specific instructions.

18.2.3

Vacancy posting will contain specific identification of the vacant position, the work site where the vacancy exists, the position's major duties, and a deadline for submission of applications. The listing of the vacancy location in no way shall be considered a limitation of the right of the College to make assignments and reassignments.

18.2.4

Selection will be based upon whomever the Employer determines to best meet the needs of the College subject but not limited to such criteria as: education, experience, demonstrated ability and attendance. Qualified employee applicants will be considered before external job applicants. When the Employer determines two (2) or more applicants are equally qualified, seniority shall govern.

18.2.5

The College shall give written notification to each employee who has filed an application of the selection or rejection for the job vacancy for which the employee has applied.

18.3 Reassignments

18.3.1

The Employer retains the right to reassign employees based upon the needs of the College. When such reassignment involves the change of work or campus location, the employee will be provided ten day’s notice except when the reassignment is for reasons related to discipline, safety, or employee request.

18.4 Orientation Period

18.4.1

Employees promoted to a new position or reassigned to a new classification shall serve an orientation period of one hundred and twenty (120) days. In the event the employee fails to perform the job satisfactorily, the following provisions shall apply:

18.4.1.1

The College, or the employee may choose to return the employee to the formerly held job.

18.4.1.2

Should the formerly held not be vacant and/or available, the employee will be placed on another vacant and/or available job of equal pay within the Department.

18.4.1.3

Should a job of equal pay not be available and/or vacant, the employee will be placed in an available lower paid and graded position, within the Department until such time that an equivalent job within the Department becomes vacant and available, at which time the employee will be placed in that job (the employee shall be eligible for this treatment for a period of six (6) months from the time he/she was removed from the promoted position).

18.4.1.4

If no job within the Department is available as indicated above, the employee will be placed in layoff/recall status for a period of six (6) months after which the employee will be terminated. During the layoff/recall period the order of placement options described above shall apply to the employee.

18.4.1.5

Upon completion of the orientation period, an employee will be considered approved in the promoted or reassigned classification. For an employee who fails to satisfactorily complete the orientation period to be placed in an alternative job, they must be fully qualified for that job.

18.4.1.6

Whenever an employee accepts a job of equal pay, the provisions in this section will be considered completed.

18.5 Reduction In Force

18.5.1

The parties recognize there are circumstances under which it may be necessary to reduce the work force. The Employer has the exclusive authority to determine when such a reduction is to occur and what constitutes sufficient reason for a reduction in work force. Such reasons include but are not limited to the following: 1) position/job elimination or deletion; 2) lack of funds; 3) reorganization; 4) position/job consolidation.

18.5.2

When the College determines that a reduction in force is necessary, it will provide the Union with at least thirty (30) days written notice of the impending reduction in force. If the Union wishes to meet with management to discuss the reduction in force and propose alternatives, they may submit a request to do so. Such requests must be submitted within five (5) days from the date the notice of intent to reduce in force was received by the Union. The Union's request for a meeting shall be granted provided there are no unreasonable delays.

18.5.3

Employees will be laid off (reduced in force) in reverse order of seniority with the job titles (skill specialty i.e., plumber, electrician, etc.) affected.

18.5.4

Employees on layoff status will be eligible for recall for a period not to exceed twelve (12) months. If the Employer decides to fill a position with a regular fulltime employee in the job title from which employees were laid off, employees will be recalled in seniority order. Any employee who has not been recalled within twelve (12) months of layoff, shall be considered terminated.

18.5.5

The College's obligation to recall a laid off employee shall cease either when the recall period expires or the employee does not report to work within ten (10) days after notice (certified mail), to the employee's last known address, or; the employee refuses to accept a job of equal, lesser or greater amount of pay, which they are able to perform.

18.6 Temporary Vacancies

18.6.1

Temporary vacancies shall be assigned by management based upon the needs of the College. Employees filling such temporary vacancies shall return to their former job title and classification. Such periods of temporary assignment shall not be construed as giving the temporary employee rights to the permanent vacancy.

18.7 Temporary Upgrades

Employees who are specifically assigned by their supervisor to perform all of the duties of a position of a higher grade for a period of thirty (30) days or more, will receive an increase in pay of 5% per grade or the minimum rate of pay of the higher grades position, whichever is greater. The amount cannot exceed a total of ten (10) percent. If the employee's current rate of pay exceeds 125% of the minimum of the pay range to which they are being upgraded, the employee's rate of pay will not change.