ARTICLE 19 - PROMOTIONS AND FILLING OF VACANCIES
Section 1. Posting of Vacancies.
A. All vacancies in positions subject to this Agreement, when available to be filled as determined by the Employer, shall be posted for not less than ten (10) calendar days. All notices of vacancies at the College shall be posted in at least three (3) conspicuous places and other places as may be mutually agreed upon by the CEO and the Union. Notice of vacancies will be sent to the designated Union official upon posting.
B. The notice of vacancy shall include the following:
1. Job Title
2. Grade and/or Salary Range
3. Application Closing Date
4. A Description of Duties and Qualifications
(a) The notice of vacancy shall include the Commonwealth of Massachusetts Human Resources Division Classification Specification for the vacant position. If a Classification Specification is not attached to the posting, a notice of where the Classification Specification may be obtained at the college shall be listed on the vacancy notice.
(b) A statement of duties specific to the vacant position shall be appended to the notice of vacancy. Such statement of specific duties shall fall within the Human Resources Division Classification Specification.
(c) All higher education Classification Specifications shall be available at the Board of Higher Education website: www.mass.edu
5. Hours and Days of Work
6. Source of Funding
7. If grant funded, the termination date of the grant, if known.
C. Any employee seeking to be considered for any such vacant position shall submit a written application in accordance with the procedures and within the time limits prescribed by this Agreement. The pool of candidates for such vacant position shall include every employee and every other person who shall have applied for such position in accordance with the terms of such notice.
Section 2. Selection.
Positions shall be awarded at an appropriate time after consideration of all applicants then available in accordance with the following provisions, except where a position is targeted in accordance with the official campus Affirmative Action plan. In the event that the awarding of the position will be later than thirty (30) days after the closing date, the Union shall be notified of the delay.
Section 3. Criteria.
A. For the purposes of this Article, promotion shall be defined as an appointment to a position of a higher job grade. A change in job title without a change in job grade shall be considered a lateral appointment and a change in job without a change in job title or job grade shall be considered a lateral transfer.
B. The following criteria, listed in priority order, shall be used by the CEO in selecting a candidate to fill a vacancy. Each of the criteria will be applied to all candidates for a vacant position.
1. Ability to perform the requirements of the position.
2. Seniority
3. Work History and Performance.
4. Experience in Related Work.
5. Education and/or Training related to the Position.
C. If, after the application of the criteria set forth in Section 3 (B) above, it is the judgement of the CEO that there are two or more candidates who are approximately equally best qualified, then among such candidates, preference shall be granted to the employee in either bargaining unit who has the most seniority at the college.
Section 4. Trial Period.
A. A non-probationary employee who is promoted, laterally appointed or laterally transferred shall serve a three (3) month trial period from the effective date of such promotion, lateral appointment or lateral transfer.
B. During this trial period, if the employee’s work performance in the new assignment is not satisfactory to the CEO, said employee shall revert back to his or her former position. Following management’s decision to return an individual to his/her former position, the employee may request in writing to discuss the reason(s) for this action. This discussion will take place at the level the decision was made. If the employee is not satisfied with the reason(s) given for his/her return, he/she may file a grievance at the next higher level of the grievance procedure, provided, however, that there shall be at least one formal grievance hearing held at the campus level.
C. If the employee is not satisfied with the new position, he/she may elect to return to his/her former position within thirty (30) days after said new appointment.
D. All appointments made pursuant to this Section 4 shall be temporary or provisional appointments at least until the completion of the trial period or the completion of the grievance procedure. All vacancies resulting from an appointment pursuant to this Section 4 shall be filled temporarily or provisionally at least until the appointed employee has completed his/her trial period or the completion of the grievance procedure. An employee who has been promoted pursuant to this Article and whose promotion is overturned by the grievance procedure shall not be terminated but shall return to his/her former position.
Section 5. Notice of Non-Selection.
Unsuccessful bargaining unit applicants for posted vacancies within the bargaining unit shall, within a reasonable period of time, receive a notice of non-selection. At the employee’s written request, he/she will be entitled to attend a meeting with management to discuss the reasons for non-selection. At the employee’s option, he/she may be accompanied by a local designated union official. If the employee is not satisfied with the reason(s) for non-selection, he/she may file a grievance at the next higher level of the grievance procedure, provided however, that there shall be at least one formal grievance hearing held at a campus level. Late notice shall not preclude the filing of a grievance for non-selection.
Section 6. Extension of Seniority.
In the case of institute, grant or contract employees, seniority for the purpose of applying for vacant positions shall be extended three (3) months beyond the actual expiration date of the then current funding source.
Section 7. Reduction in Grade.
Any employee in a grade higher than that announced in the vacancy notice may submit an application for the posted vacancy in accordance with the provisions of this Article. If the applicant is successful, the reduction in grade will be concurrent with the appointment to the new position.