Common use of Bidding Clause in Contracts

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 16 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)Seniority, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for Selection of employees to fill a posted vacancy shall be made from among eligible bidders in a Junior/Senior Planeither level (CO 1 and 2), Classification Seniority is the combined Class Seniority of classes but bids by employees in the Junior/Senior Plan.] higher class shall be considered first with their CO 2 seniority receiving priority over CO 1 time. The Local Union shall have the right to challenge the selection of an employee other than the senior employee through the third step of the grievance procedure only. If the grievance is denied, the Union Business Representative may request a review of the grievance by the Department of Corrections Human Resource Director, whose determination shall be final. Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 9 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)Seniority, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)Seniority, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)Seniority, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for Selection of employees to fill a posted vacancy shall be made from among eligible bidders in a Junior/Senior Planeither level (CO 1 and 2), Classification Seniority is the combined Class Seniority of classes but bids by employees in the Junior/Senior Plan.] higher class shall be considered first with their CO 2 seniority receiving priority over CO 1 time. The Local Union shall have the right to challenge the selection of an employee other than the senior employee through the third step of the grievance procedure only. If the grievance is denied, the Union Business Representative may request a review of the grievance by the Department of Corrections Human Resource Director, whose determination shall be final. Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection A) A job vacancy of employees a permanent nature, which the Employer desires to fill, shall be posted on all designated bulletin boards for a period of not less than five (5) working days to provide an opportunity to apply for the opening. B) The City reserves the right to review all vacant positions as to their necessity and their present wage grade classification. C) The following rules shall be used when bidding on a position. Once a determination has been reached by the City to fill a vacancy, an irrevocable bid will be posted vacancy using the following guidelines to fill the position: 1) A notice for bids shall be made from among eligible bidders posted pursuant to Paragraph A, Article XI, of this Contract. The position shall be posted for bid in order all departments of Classification Seniority the City covered by this Agreement for a period of three full workdays, excluding Holidays, Saturdays, and Sundays. Bidders within a department in which the bid position exists shall be ranked by seniority first. The departmental bidder with the greatest departmental seniority shall be awarded the bid. If there are no departmental bidders, then the full time regular employee with the greatest amount of combined city seniority who meets the qualifications of the position shall be awarded the bid. 2) If the position is still vacant after being posted for three full workdays throughout the City, the City will open the bidding to all employees listed in Article II (State Seniority sub- paragraph 2, who have completed 120 days of continuous service with no break in service). 3) An employee who is going on an authorized and scheduled absence shall sign a form available within their department indicating their interest in bidding positions that may be posted in their absence. Employees who are on a non- scheduled absence will be notified by registered mail at their last known address of openings that occur during their absence and they shall notify the City of their intent to bid such positions within forty-eight hours of their receipt of this notification. 4) All employees must be qualified for Units 4 and 6)the job they are bidding before being awarded the bid. The City Manager’s Designee, provided in conjunction with the senior department supervisors, shall determine job qualifications. 5) If during the first sixty workdays in a new position, it is determined by the City that the employee is not capable of performing the job adequately, the employee's ability bid award shall be rescinded and capacity to perform the job are relatively equal to that next qualified bidder shall be selected. This sixty workdays shall not include time off for sickness or vacation. This trial period shall not have any adverse effect on his prior Departmental Seniority or Combined Seniority. The employee will be notified of other bidders. Bidders the reasons for Unit 6 positions must be position-qualified. [Note: for a posted vacancy their disqualification. 6) If, during the first fifteen (15) workdays in a Junior/Senior Plannew position, Classification Seniority is the combined Class Seniority of classes in employee decides to return to his former job, upon written request through his Supervisor, his request will be granted and arrangements made to return him to his former job without prejudice to his prior Departmental Seniority, and the Junior/Senior Plan.] Vacancies qualified bidder shall be filled by the posting and bidding process until there is no selected. After awarding a bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by to an employee who to fill a vacant position the City will wait to post the vacant position until after the 15 day time limit has received notice of permanent layoff, only oneexpired from that employee working within their new position. 7) The City shall place a successful bidder in their new position within fifteen (115) vacancy shall be filled by calendar days after closing the posting and bidding processbidding. All bidders for a vacancy shall be notified, orally or in writing, of In the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there event this is a vacancyimpossible, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on receive the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave higher rate of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance pay of the bid would prevent two (2) jobs. 8) All of the recall of an employee from the Seniority Unit Layoff List laid off from the same classtime periods referred to above are excluding Saturdays, employment condition Sundays, and locationHolidays.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees When it is necessary to fill a posted permanent vacancy in a non-progressional job classification or in the entry job classification for any job progression sequence, the vacancy shall be made from posted on all designated bulletin boards for a period of seven (7) calendar days. If among eligible bidders those employees signing the unit-wide posting there are one or more who have the then present ability to satisfactorily perform the required work in order such job classification, such employee (or if there are more than one, the employee among them with the greatest amount of Classification Seniority (State Seniority for Units 4 and 6)unit- wide seniority) shall be moved to the posted job classification. 7.§5.1 If such permanent vacancy occurs within the Maintenance Services Division, provided the employee with the most divisional seniority, who has the then present ability to satisfactorily perform the required work, shall be given preference to permanently transfer thereto before such vacancy is posted on a unit-wide basis. Employees shall be canvassed by supervision to ascertain who is the senior employee's employee meeting such qualifications, who desires to exercise such preference. 7.§5.2 If there are no bidders who appear to have the then present ability and capacity to satisfactorily perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be positionrequired work, then the employee with the most unit-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by wide seniority who signed the posting and bidding process until appears to have the required qualifications shall be moved to the posted job classification. 7.§5.3 If there is are no bid employees who sign the unit-wide posting or until a maximum of three (3) if, among those signing the posting, there are none who appear to have the required qualifications, the Employer shall be entitled to hire new employees for such vacancies have been filled, whichever comes firstjob classification. However, when a vacancy can be if such job classification is not filled by an employee who has received notice within the next seventy (70) calendar days following the removal of permanent layoffthe posting from the bulletin boards, only one (1) vacancy and if it is still necessary to fill such job, it shall be filled by reposted as provided for in this section. 7.§5.4 Temporary employees and University employees may sign bargaining-unit job postings and will be considered for such jobs. It is understood that the posting Union does not represent such employees and no grievances may be processed regarding this provision. 7.§5.5 When a person is awarded a position either through bidding process. All bidders for a vacancy or progressional bid the person shall be notifiedawarded and transferred to their new position as quickly as possible. A bid will be “awarded” after the following conditions are met (e. g. posting, orally or in writingbid, identification of preferred candidate, conditional offer, physical [where required], etc.). When all conditions are met the candidate is deemed “fully qualified.” Human Resources will, without undue delay, notify the receiving department and the Union when the candidate is deemed “fully qualified” – this notification date is the date the position is “awarded.” The successful candidate will be promptly notified he/she has been “awarded” the bid position. From the “award” date: 1. The date of award is the seniority date. In a case of classification and/or divisional change, classification and/or divisional seniority will begin as of the acceptance or rejection of their “award” date; 2. The releasing department should transfer the successful candidate to the receiving department as soon as possible; 3. However, if the successful candidate is not transferred within 15 calendar days after the “award” date the successful candidate will, starting day 16, be paid at the new bid in a timely mannerrate (if higher); 4. Absent agreement from the successful candidate and union, the releasing department must transfer the successful candidate to the receiving department within 30 calendar days after the “award” date. The timeframes are intended to be maximums not minimums; 5. When an employee returns from an approved leave of absence and there more than one position is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority posted (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the same position, same department), there will be discussion between the employee returning from chief ▇▇▇▇▇▇▇/president and the approved leave of absence shall be selected for hiring department and Human Resources to assure the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absenceprocess will provide equitable seniority dates.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders bidders. in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Plan.]‌‌ Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible amongeligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)Seniority, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three two (32) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, ,the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders bidders. in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. A. The Employer shall conduct semi annual general bids, which shall be posted January 15, and July 15, of each year and successful bidders shall be awarded their bids each respective 1st Monday in February and in August. Bid sheets shall be posted at each covered terminal and each bid position available at each terminal shall include the respective start times and work week. Bids will designate a general job description (by title and primary duties) and any special requirements. Prior to posting, all proposed bids must be reviewed with the Local Union 961 Business Agent and Stewards at each station. Part-time employees may bid more than one part-time shift, only if such bidding does not result in the layoff of a less senior employee. B. When the semi-annual bid is conducted, it will be accomplished by assigned bid times, individually set up for fifteen (15) minute intervals. Each employee shall bid for their desired work shift at his/her assigned time. The assigned times will be posted on the first working day after January 1st and July 1st prior to the posting of the bids on January 15 and July 15th. Proxies may be given to the ▇▇▇▇▇▇▇ to be presented to Management on the Bidders behalf, if that employee knows in advance that he/she will be unavailable during his/her assigned window. Each employee is responsible for making his/her bid at the appropriate time. If an employee misses his/her bid window, the Employer may move on to the next assigned employee bid time. A 'tardy bidder' who has not given a proxy to the ▇▇▇▇▇▇▇ and who did not contact the employer during his/her assigned bid window, may bid into any job still available when he/she contacts the employer. Once the semi-annual bid is complete, the Company will not change bids without seventy-two (72) hour notification to the Union as to the reason necessitating the change. C. Employees may bid on any position, for which they are currently qualified. (Example: Class A Driving bid, PM Clerical Shift, requiring Hazardous material inspection etc). Selection of bids will be made on seniority basis, among qualified employees. D. In the event that a bid requiring specific qualifications is not filled or remains open after all eligible employees have bid, employees not presently qualified for the bid position, may, in seniority order, bid on the open position, subject to fill a posted vacancy the following in i and ii. i. Successful bidders shall be made from among eligible bidders given a minimum of 30 days probationary period in order which to satisfy the requirements of Classification Seniority the awarded position. The Union and Company may agree to extend the probationary period for subsequent thirty (State Seniority for Units 4 and 6)30) calendar day periods, provided but no longer than 90 days in total. ii. An employee who fails to meet the senior employee's ability and capacity requirements necessary to perform hold down the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Planbid, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting allowed to bump into any open position in his/her classification that his/her seniority and bidding process until there is no bid or until qualifications will allow. E. The company will have a maximum minimum of two (2) Office Clerical employees, who are Haz Inspector Trained, at each covered clerical location and three (3) Dock Shuttle employees at the DVR facility, Astar Haz Trained. F. The company will provide the required recurrent training for individuals who hold current certifications in Weight and Balance ad Hazardous Materials Inspection, subject to the provisions of Article 5 of this Local Rider. G. If any present job position is vacated by retirement, resignation, or termination or an additional bid shift is created (meaning additional employee is needed) at any covered terminal, such vacancies position shall be immediately posted and any employee within the job classification at all terminals shall be afforded the opportunity to bid. The successful bidder shall be informed of his award at the close of the bid, and the bid shall be effective a minimum of seven (7) days following the date the position was posted. The position vacated by that successful bidder will be filled internally at that facility. H. In the event an existing bid is modified by anyone of the following, that bid shall be considered a new position and shall be posted and filled from within the Denver Cluster. Employees shall have the ability to exercise master seniority where a re-bid in a station would cause a reduction in their hours. Any resulting bump and roll will be accomplished by assigned bid times, individually set up for fifteen (15) minute intervals. Each employee shall bid for their desired work shift at his/her assigned time. The assigned times will be posted by the Employer following any modification of an existing bid. Proxies may be given to the ▇▇▇▇▇▇▇ to be presented to Management on the Bidders behalf, if that employee knows in advance that he/she will be unavailable during his/her assigned window. Each employee is responsible for making his/her bid at the appropriate time. All bids will be effective the Monday following this process and will be final and binding pending any subsequently scheduled re-bid process. 1. Bid shift start time is changed by one and a half (1 1/2) hours or more. 2. The daily bid guarantee is either increased or decreased. 3. The scheduled work week and days off are changed. 4. A work week consisting of eight (8) consecutive hour days is modified to provide for split eight (8) hour days. 5. A work week consisting of split eight (8) hour days is changed to provide eight (8) consecutive hour days. 6. The combining of two part-time positions into a full-time position. I. If new equipment or a new process is instituted or required, the company will provide proper training on company time. J. The order of call set forth below is to be applied within the affected classification; provided however, employees shall be eligible to work over-time outside of his/her classification provided the employee has been previously qualified and had filed a written request of a desire to work this overtime. Opportunity to work overtime in another classification can not be offered until all employees within the affected classification have been filledoffered the opportunity to accept this work as per Section 5 (b). K. In the event work opportunities are not filled in accordance with the orders of call set forth below, whichever comes first. Howeverthe least senior qualified employee may be forced to work the hours required. L. When a bid position is temporarily vacated for a period of fourteen (14) days or more because of illness, when a vacancy can be filled by an employee who has received notice injury, or any other authorized leave of permanent layoff, only one (1) absence such temporary vacancy shall be posted as a temporary hold down bid within that facility. Any subsequent bid positions vacated due to this hold down bid will be filled by using the posting and bidding process. All bidders for a vacancy shall be notified, orally or Replacement Order of Call delineated in writing, Section 5 (b) of the acceptance or rejection of their bid in a timely manner. this article. M. When an employee returns from an approved leave of absence and there is domiciled at one terminal bids into a vacancyjob opening at another terminal, the employee he/she shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on dovetailed into the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance seniority list of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and locationsecond terminal based on master classification seniority.

Appears in 1 contract

Sources: Local Rider Agreement

Bidding. Selection When extra bus runs are to be scheduled, the Transportation Supervisor shall present the available runs to the current permanent, active drivers. The employee with the highest seniority will have their choice of employees one trip choosing from any trips from the available run list. When that person accepts or rejects a run, the next person on the seniority will choose to fill accept or reject a posted vacancy shall run, and son. When all active, permanent drivers have been given an opportunity to choose or reject a trip, the bid will return to the highest senior driver who is eligible for the next trip bid. Whoever receives the last bid at a meeting, the next bid will be made from among eligible bidders given to the person immediately succeeding the person who received that last bid. Extra trip meetings will be held once per calendar month on the earliest weekday afternoon when all drivers are available to meet. Additional meetings will be scheduled when/if extra trips are scheduled during that calendar month. If a late trip comes in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: does not allow for a posted vacancy in a Junior/Senior Planfull group meeting, Classification Seniority the Transportation Supervisor will group text out the trip, or trips, to the entire group. The message will include the description of the trip and the person’s name to whom the trip is being offered to, while always following the combined Class Seniority of classes seniority list. Drivers will have thirty (30) minutes to respond to the group text. Failure to respond will result in the Junior/Senior Plan.] Vacancies shall be filled by next driver in the posting and bidding process until there rotation being offered the trip. The district is no bid or until a maximum of not responsible to provide cellular phone to facilitate this process. If an emergency trip (three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can hours or less prior to departure) arises that needs to be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders taken what does not allow time for a vacancy shall texted bid to the entire group to be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancycompleted, the employee shall trip will be reinstated offered to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has the most available driver. The accepting driver will not lose their turn in the regular bid on the positionorder. If a more senior employee driver accepts a trip and then cancels, their bid for that trip is relinquished. If a trip is cancelled outside of the driver’s control, they will be offered the next available trip that accommodates their schedule to replace the cancelled trip while remaining in the existing bid order for their next trip bid. It is agreed that upon the execution of this new process that we will revert to the existing overall seniority list for bidding order with the highest seniority person getting the first opportunity to select a trip. It is agreed that the early trip bid clause that has successfully bid on been in the positioncontract will be eliminated and that if an individual, or individuals, have the opportunity to take a trip with their own children, that they will make that known to the other drivers who may, or may not, accommodate the driver’s request to secure that trip outside of the normal seniority bidding order. If an accommodation can be made, the employee returning from the approved leave of absence shall accommodated driver will then be selected skipped for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absencetheir next seniority bid.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Master Agreement

Bidding. Selection (1) PACKAGE CAR & AIR DRIVERS (a) The Employer shall post a list of employees to fill a starting times by classification within each center for all regular full time jobs on the first (1st) Monday in January of each year. Such list shall remain posted vacancy shall be made from among eligible bidders for two (2) weeks. Employees shall, in the order of Classification Seniority seniority and with- in their classification, select their starting times from the schedule posted in their center. All start time moves will be completed by the first (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy 1st) Monday in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes March. (b) The Employer will call each employee within their centers in the Junior/Senior Plan.] Vacancies shall office in the order of seniority with the ▇▇▇▇▇▇▇ present to select their starting time and preferred area. There will be filled by the posting and bidding process until there is no bid or until a maximum of three (3) training trips in each Center. The employee will be paid for this time. There will be a minimum of three (3) bid cover driv- ers per center. These drivers will select, on a weekly basis; to cover vacations and tractor-trailer qualified drivers’ trips in seniority order. The ▇▇▇▇▇▇▇ will be provided a copy of the completed list as well as the Local Union. (c) In the event a new job or vacancy occurs after the annual January bid, the Employer shall post for ten (10) working days such vacancy or new job for bid in the Buildings where the vacan- cy or new job occurs. The Buildings agreed to are the Oregon Avenue facility and the facilities located at Hog Island Road. The successful bidder will be moved within three (3) weeks of taking down the bid. The Local Union will be supplied a copy of the bid sheet upon posting and the name of the successful bidder upon com- pletion. Package car drivers bidding from building to building will be limit- ed to twelve (12) bids per year. Any new jobs or vacancies after that will be posted in the building where the vacancy or new job occurs. Vacancies shall be posted within ten (10) working days of the occur- rence of the vacancy. A new job shall be posted within thirty (30) working days. Any such vacancy or new job shall be awarded to the senior quali- fied full time bidder, who shall have been filledthirty (30) working days to qualify provided the bidder has changed classification. If the bid- der fails to qualify, whichever comes first. However, when that person shall revert to their prior status for a vacancy can be filled by an employee who has received notice minimum of permanent layoff, only one one (1) year from the date of disqualification. Any employees, who disqualify themselves, shall then revert to their prior status for a minimum of two (2) years from the date of disqual- ification. Full time employees who change centers must remain in their new center a minimum of two (2) years. The open job created by the move in these classifications of the suc- cessful bidder will then be posted and awarded to the senior quali- fied bidder in that center in the same manner as the new job or vacancy was filled. The third (3rd) move, if one occurs, shall be filled by the posting and bidding processEmployer. All bidders for a vacancy jobs added in November and December shall be notifiedconsidered to be temporary jobs and not subject to bid. (d) When bid work is not available or when delivery areas or runs are consolidated, orally discontinued or in writingtemporarily suspended, employ- ees shall perform available work as assigned. (e) In the event of a change of starting times of more than one (1) hour after the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancyannual January bid, the employee Employer shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.within ten

Appears in 1 contract

Sources: Supplemental Agreement

Bidding. Selection of The Employer agrees that when any position covered by this Local Rider is open, and said position will be posted for bid at that office location, and may be bid upon by employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to on that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes firstoffice’s active seniority roster. However, when a new starting time within a classification is changed, or an opening occurs due to a vacancy can be filled by or an addition, employees within that classification shall have the first opportunity, on a seniority basis, to claim such starting time before it is posted for bid. Abuse of changing starting times is subject to the grievance procedure. Terminals shall have an annual bid. At the time bidding an employee who must be qualified to perform the functions of the job for which they are bidding or they will allow training for unqualified bidders within forty-five (45) day period. The Employer will agree to provide the training opportunities for successful bidders and may extend the forty-five day period for a reasonable period of time based on the availability of training. The successfulbidder will not fill the position (and be entitled to any associated premium) unless and until the employee is qualified. The Employer has received notice the right to establish job requirements for each bid classification. If the majority of permanent layoffshifts, only one meaning 50% or more, change by more than two hours prior or past the previous bids start time, the Employer must notify the union and employees fifteen (15) days in advance. T/A 4/22 Seniority shall be governing factor where the employee meets the provisions of the bid...Any controversy shall be subject to the grievance procedure, except that where the parties have established specifics for determining qualifications of employees for promotions, such procedures may continue in effect unless changed by mutual agreement. Written notices of job openings are to be posted for bid for for fivethree (53) days. The bid shall contain an adequate description of the job duties, the starting time for such position, the rate of pay involved, and the requirements for the position. Copies of all bid notices and awards shall be sent to the Union.T/A 1/27 The Employer may change a starting time in any classification by no more than two (2) hours on a one (1) vacancy shall be filled by time basis during any calendar year without such position being subject to bid. If the posting and bidding process. All bidders for a vacancy shall be notified, orally or change in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancystarting times exceeds two (2) hours, the affected employee shall be reinstated in such bid classification has the option to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 retain his bid position or may bump where his seniority and 6) has bid on the positionqualification permit. If a more senior employee has successfully bid on the positionIn such case, the employee returning from vacated position will be offered first within the approved leave of absence shall classification and, if not filled in that manner, will be selected posted for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absencebid.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Local Rider Agreement

Bidding. Selection of employees Subject to fill the provisions set forth in Article VII, an employee may bid on a posted vacancy job by submitting a written request to the Personnel Department within forty-eight (48) hours from the time of posting, exclusive of Saturdays, Sundays, and paid holidays. If an employee applies for a job in accordance with pre-bid procedure and that job is subsequently posted, the employee's pre-bid application will be the equivalent of a bid and the employee will automatically be considered for the job. Should a period in excess of thirty (30) days elapse from the date the original bid was first posted and having failed to select a successful bidder, the position will be re-posted. PRE-BIDDING Employees may pre-bid for any job in the bargaining unit by completing an application. A copy will be retained by the Company, the employee, and the Union. Each month or at such longer intervals as the Company and Union may mutually agree upon the Company will publish an up-to-date list with a copy to the Union showing the names of all prebidders for each job in the plant. The Company will select the successful bidder, or pre bidder, in accordance with Section I (A) - Seniority (Article VII) and post the name of such employee on the bulletin board, with a copy to the Union on the first of each month for the previous month. If a dispute arises as to whether an employee has the ability to perform the job, he shall be made from among eligible bidders in order given a trial period of Classification Seniority not more than ten (State Seniority for Units 4 10) work days provided, however, that this period may be extended by mutual agreement between the Company and 6), provided the senior employee's Union. A successful bidder who fails to demonstrate the ability and capacity to perform the job are relatively equal to will first be given five (5) days prior consultation that of other biddershe/she may be disqualified. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a JuniorIf disqualified, he/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies she shall be filled by returned to their former job and shift as held prior to the posting and bidding process until bid, provided he/she is more senior than the employee now in this position. All subsequently displaced employees will exercise this option. If an employee does not have the seniority to exercise the above option, he/she shall first be assigned to an open available job. If there is no available job to which the employee may be assigned, said employee will displace the least senior employee in the plant holding a job other than those in the skilled crafts, trades, Exhibit E, or those mutually agreed upon as being special skills jobs. If there are no qualified eligible bidders or pre-bidders for the posted job or if an employee has failed to demonstrate the ability to perform the job, the Company shall undertake to train the senior employee for the position to be filled provided, however, that this obligation shall not extend to a Skilled Trades Classification, as listed in Article X of this Agreement. In such cases, the Company may hire from the outside at its discretion. A successful bidder or pre-bidder shall not be permitted to transfer to another job as a result of a bid or until pre-bid for a maximum period of three six (36) such vacancies have been filledmonths, whichever comes firstplus training time, unless the job vacancy is in the employees regular line of progression. However, when during the term Of this Agreement, employees will only be allowed one successful lateral bid. Employees who successfully bid or pre-bid into a job designated as "Special Skill Jobs" shall not be permitted to transfer to another job as a result of a bid or pre-bid for a period of twelve (12) months (See Exhibit E for "Special Skill Jobs" listing). However, a successful bidder or pre-bidder will be allowed one additional successful bid during the normal instruction period (which usually is eight weeks time) connected with training a replacement and prior to physically transferring to the new position. (Unless an unusual circumstance arises which extends the period of time). Should an employee elect to bid again during the instruction period, prior to transfer, and is successful, he or she must accept the second successfully bid position. (The next senior bidder will automatically be in line for consideration regarding the original posting provided that a period in excess of 30 days has not elapsed.) The pre-bid of an employee who refuses promotion to a job under this Section will be removed from the pre-bid file for such job. An employee to be again eligible must resubmit his pre-bid application. When it is necessary to fill a temporary vacancy, such a vacancy can shall to the greatest degree consistent with the efficiency of the operation, availability of replacement, and the safety of employees, be filled on the basis of departmental upgrading procedures, which provide that senior employees shall be given preference. However, in case of a permanent vacancy on a job, prior assignment of a junior employee to a temporary vacancy on such job shall not be used as a presumption of greater ability in favor of such junior employee if such temporary vacancy was not made available to the senior employee. Temporary transfers, for reasons other than illness/injury, will be no longer than ninety (90) consecutive calendar days. In making a temporary transfer for more than one full shift, the Company will first consider the senior active incumbent job holder who presently is in a lower graded position. Nothing in this Article will require the Company to keep an employee on a job for which he is not qualified. The Company will review applications for lateral or downward bids where physical hardship is involved and may award such bids after review. When a job becomes temporarily vacant due to the critical illness of an employee, and it is questionable as to whether the employee will return to that specific job, the Company will post the job as though it were a permanent position. It is also understood that should the ill employee recover and return to work, physically able to perform said job, he will displace the operator that replaced him via the job posting regardless of seniority. The successful bidder will be entitled to the usual rights connected with a job bid award with the exception of the return of the recovered employee and the displacement aspect mentioned above. The successful bidder cannot be displaced during a reduction of the work force except by an employee who has received notice previously held the position or who currently occupies a position that in Management's opinion is job related. If this employee is the least senior in the plant, he/she will be displaced prior to a more senior employee becoming unemployed unless the employee occupies a skilled trades or special skills job as defined in the agreement. Bidding Rights - If ill/injured employee returns and displaces said employee, the bid lock-in will not exceed six months regardless of permanent layoffjob level. - If ill/injured employee does not return to the position the bidding restriction will be per contract 6 mos., only one (1) vacancy shall 12 mos., etc. The conditions of this agreement will be filled by made known to the posting and bidding process. All bidders for a vacancy shall be notified, orally or successful bidder in writing, of the acceptance or rejection of their bid in a timely mannersuch cases. When an employee returns from an approved leave is medically cleared to return to work after extended illness and cannot perform his own job because of absence and there is a vacancyphysical limitations, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.following may apply:

Appears in 1 contract

Sources: Labor Agreement (Simonds Industries Inc)

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders bidders. in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection (a) Except as provided in subsection (b) of employees this Section 6, if a new job classification is created, or if a vacancy occurs in a job classification to which there is no line of progression and no employee is eligible for recall, or if the vacancy is in a line of progression but no qualified employee is available for promotion or recall, the City will post a notice of the vacancy (hereinafter referred to as a "Bid Job") on bulletin boards accessible to employees, covered by this Agreement for a period of at least one (1) week. Such notice shall have the job title, a description of the work, the qualifications required and the minimum and maximum wage rates. If a Journeyman classification is to be filled and there are no qualified journeymen in the employ of the City available to bid for the job, then the vacancy will not be posted. (b) Whenever an employee is unable to perform the normal duties of his job because of illness or injury, the City may place him in any Bid Job without going through the posting procedure. (c) Any employee desiring to be considered for a Bid Job shall submit his bid in writing within said period of one (1) week. The City shall have twenty (20) working days thereafter within which to make its selection. Any employee may submit his bid for any posted job opening and all bids will be given consideration. Should an employee at a higher classification be the successful bidder, he may be required to remain at his regular classification until a replacement is trained. (d) All selections shall be made on the basis of merit without regard to favoritism: Merit shall mean ability, efficiency, qualifications and continuous length of service in the bargaining unit. If, in Management's judgment, an employee who is selected to fill a posted vacancy Bid Job does not demonstrate his competence to perform the work of the job during the first six (6) months, or if such an employee does not desire to remain in the job for six (6) months, he may, providing the job exists, be returned to his former job classification and his Job and Divisional Service in the former job classification will be credited with the time spent in the Bid Job. (e) Position classifications to be filled in accordance with the provisions of this Section are listed in Exhibit C attached hereto and made a part hereof. (f) Disputes related to the filling of Bid Jobs shall be made from among eligible bidders handled as per Article XXIV unless otherwise mutually agreed. (g) Any employee that is selected by the City to fill a job position through the job bidding procedure, has six (6) months in order of Classification Seniority (State Seniority for Units 4 and 6)which to elect to return to his or her former job classification, provided the senior former classification still exists. (h) In the event an employee elects to return to his or her former classification within the six month period described in the preceding paragraph, such employee's ability Utility, Divisional and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must Job Service will not be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled affected by the posting and bidding process until there is no bid election to return to the former classification. (i) In the event an employee elects to return to his or until a maximum of three (3) her former classification after the six month period, such vacancies have been filled, whichever comes firstemployee's Utility Service shall not be affected by his election to return to the former classification. However, when a vacancy can be filled by the employee's Job Service in the former classification will remain frozen for the duration of the time spent in the bid job position. When the employee returns to their prior classification, their Job Service in that classification shall begin to accrue beginning on the first day the employee returns to work in the prior classification. Where an employee who has received notice of permanent layoffbids into a new position in the same Division, only one (1) vacancy shall the employee's Divisional Service will not be filled by the posting and bidding processaffected. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When If an employee returns from an approved leave of absence and there bids into a new position that is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of Division, the bid would prevent employee's Divisional Service shall be frozen until the recall of an employee from returns to work in the Seniority Unit Layoff List laid off from the same class, employment condition and locationprior Division.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)1. All full-time positions, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be positionincluding higher-qualified. [Note: for a posted vacancy in a Junior/Senior Planlevel positions, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by a full-time employee who is the posting and bidding process until there senior qualified bidder meeting the qualification standards for the position except for the following positions, which shall be filled on a best qualified basis: Material Distribution Centers SP-2001 Customer Service Clerk (Level 7) When job vacancies occur in Building Equipment Mechanic, C7-09; or Customer Service Clerk, employees occupying the same standard position as the vacant position may bid for the vacancy on the basis of senior qualified, except when the vacant assignment is no being considered for reversion or being withheld per Article 12. The residual vacancy will be posted for application unless the vacancy meets one of the exceptions in the preceding paragraph. 2. Material Support Craft employees detailed to a nonbargaining unit position may not bid or until a maximum of three (3) such vacancies have been filled, whichever comes firstapply for vacant Material Support Craft assignments while so detailed. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy nothing contained herein shall be filled by construed to preclude such temporarily detailed employees from voluntarily terminating a nonbargaining detail and returning to their craft position. Upon return to the posting and bidding processcraft position, such employees may exercise their right to bid or apply for vacant craft duty assignments. All bidders for The duty assignment of a vacancy full-time Material Support Craft employee detailed to a nonbargaining unit position, including a nonbargaining unit training program, in excess of four (4) months shall be notified, orally or in writing, of the acceptance or rejection of their declared vacant and shall be posted for bid in a timely manneraccordance with this Article. When an employee returns from an approved leave of absence and there is a vacancyUpon return to the craft, the employee will become an unassigned regular. An employee temporarily detailed to a nonbargaining unit position will not return or be returned to the craft solely to prevent the employee’s assignment from being posted for bid. Form 1723, Notice of Assignment, shall be reinstated used in detailing craft employees to that vacancy, provided that no employee temporary nonbargaining unit positions. The Employer will provide the Union at the Local Level with more Classification Seniority (State Seniority for Units 4 a copy of Form(s) 1723 showing the beginning and 6) has bid on the positionending of all such details. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absenceEmployees detailed to nonbargaining unit positions are not entitled to out-of-schedule premium.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection Employees on layoff are eligible to make application. When an opening exists in the bargaining unit because of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the new job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted or vacancy in a Junior/Senior Planan existing job to which no employee has recall rights, Classification Seniority is the combined Class Seniority of classes such vacancy will be posted by CDC or CMC in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of an established location for not less than three (3) working days. Employees, who are interested, may make application during the posting period in writing to the Labor Relations Department on forms supplied by CDC or CMC. Applicants shall be advised of the outcome by the Labor Relations department. Applicants may be required to demonstrate proficiency and may be required to participate in testing to ensure they possess the ability to perform the essential functions of the job. The testing will consist of verbal and/or written questions. In reviewing such vacancies have applicants, past disciplinary records will be considered. extended by mutual agreement between CDC /CMC and the Union. The employee awarded the job will start the new position no later than the first Monday following two (2) weeks notification. It is agreed that the bid slips will be distributed in a timely manner once a bid has been filledawarded. Ability is not to be interpreted as meaning the highest ability, whichever comes firstbut shall be construed to mean that the employee involved can fill the group level and perform the production requirements of the job at the time the employee fills the vacancy. However, when employees must meet proficiency requisites developed and administered through the JTC prior to qualifying that individual for the position and pay. Employees bidding will be allowed to a vacancy can higher or lower level position. Lateral bidding will only be filled by an employee who has received notice allowed to a different shift (same classification and job code). Employees successfully bidding down into a lower level job will enter the position at the rate of permanent layoff, only one (1) vacancy the job and will at that time forfeit their right to any higher rate of pay. A successful applicant shall not be filled by the posting and bidding process. All bidders eligible to apply for another opening hereunder for a vacancy shall be notified, orally or in writing, period of eight (8) months from the acceptance or rejection date of their bid in a timely mannerhis/her new assignment. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on in order to return to work from layoff or where the positionemployee has been transferred in lieu of layoff, the employee returning from the approved leave of absence eight (8) month time limit shall not be selected for the applied to his/her next bid but shall thereafter apply again. Once a position vacated by has been awarded, the successful bidderbidder shall have no right of refusal and must move in the prescribed manner. New employees may not bid on open jobs until they have acquired ninety (See also Article 10, Section 6, regarding return from a leave 90) days of absence.) continuous service. such job. Notwithstanding the above, the Appointing Authority shall not consider bids by employees an employee who demonstrates a special hardship because of medical conditions, may apply for vacancies if acceptance of an opening which is a bid would create a layoff lateral transfer or a bumping situation nor accept a bid from lower group level with the concurrence of CDC/ CMC’s Medical Department, Labor Relations and the UAW. When an employee is on an extended medical leave of absence as provided in the Agreement, he/she shall have a different employment condition if acceptance of right to return, subject to the bid would prevent appropriate medical and personnel clearances, to his/her former occupational level group, department and shift. Should CDC or CMC choose to seek a temporary replacement, it may do so by posting the recall of an employee from vacancy as a temporary vacancy. If there are no successful applicants, CD and CMC have the Seniority Unit Layoff List laid off from the same class, employment condition and locationright to hire a temporary worker.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Colt Finance Corp.)

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, a. Any Employee of the acceptance Company may submit by interoffice mail or rejection of their bid in electronically to the Human Resources Depart- ment, a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the positionany job posted as vacant. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority The Company shall not consider any bid which was received more than fifteen (15) calendar days, excluding Company Holidays, from the date of posting of the job on which the bid is made. If an Employee is bidding on more than one job posting at one time, their bid application form shall include their order of preference. Employees shall follow the provisions of the bid form. Any Employee who successfully bids by employees or transfers to a higher paid position in a classification group shall transfer at the beginning step of the classification bid, but shall not have their pay reduced as a result of the transfer. The Employee’s previous pay rate shall be red-circled until it is equal to but not less than the rate of pay for vacancies if acceptance of the higher position. Customer Field Representative II’s bidding on Wire Helper positions shall transfer to the Helper Wire 4th 6 months rate. b. If the Company does not receive a timely bid would create a layoff or a bumping situation nor accept does not receive a bid from an employee Employee who possesses the necessary qualifications, it may in its discretion make a different employment condition if acceptance final appointment to such a job. The Union shall be notified of all appointments within ten (10) days of award. c. The Company shall have seven (7) days from the closing date of the job posting to provide a list of bidders to the Union, Shop Stewards, Supervisors, and all bidders. In the event of a delay, notice shall be given to the Union, Shop Stewards, Bidders and Supervisors. The list of bidders shall be made available to all bidders by the Supervisors through posting bid would prevent lists on bulletin boards by the recall Company or the Shop ▇▇▇▇▇▇▇. d. All eligible bidders shall be allowed forty-eight (48) hours for concurrent decision-making prior to the award day. The forty-eight (48) hours shall begin on the day that the eligible bidder list is provided to the Employee. In the event of a delay by the Company to prepare the eligible bidders list, response time shall be extended accordingly. The Company shall have the right to contact all eligible bidders immediately following the 48-hour decision period for acceptance or rejection. e. All bidders for posted job vacancies shall be notified within one (1) week of the awarding of the bid. In the event of an employee from unusual delay in awarding a bid, the Seniority Unit Layoff List laid Union shall be notified of such delay. f. Employees who have applied for internal positions and who are requested to participate in an interview shall not be required to use PTO or time off from without pay (TWOP). Interviews will be scheduled to occur during the same class, employment condition employee’s normal work shift to the extent practicable and locationwill be paid by the Company.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy The Tenant Improvements shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes competitively bid in the Junior/Senior Plan.] Vacancies following manner: (a) Landlord shall cause the bidding package for the Tenant Improvements to be filled by the posting and bidding process until there is no bid or until a maximum of submitted to at least three (3) such vacancies qualified general contractors, all of whom shall be financially sound and able to complete the Tenant Improvements within the time frames contemplated by the bidding materials. Tenant shall have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one the right to designate one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated qualified general contractor to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the positionTenant Improvements, the employee returning from the approved leave of absence which general contractor shall be selected financially sound and able to complete the Tenant Improvements within the time frames contemplated by the bidding materials, and otherwise subject to Landlord's reasonable approval. The bidding shall require all contractors to provide for a construction schedule consistent with the terms of this Lease, without special additional charge or increased cost for overtime. (b) All contractors shall submit their bids directly to Landlord, who will review and analyze all bids submitted, and Landlord shall format all the bids for review by Tenant; and Landlord will prepare a bid format (the "Bid Format") which lists all bids received, which Landlord agrees to provide to Tenant within seven (7) days after receipt of the last bid. The Bid Format is intended to make each bid submitted comparable in scope so that the bid prices reflected are based on substantially equal services and materials. In the absence of a substantial basis for selecting otherwise, Landlord agrees to accept the lowest bid reflected within the Bid Format as long as the low bidder is able to meet any timing requirements applicable hereunder. Once the bid selection process has been completed, Landlord will supply Tenant with its estimate of the total costs which Landlord estimates will be applicable to the performance of the Tenant Improvements (hereinafter referred to as the "Cost Estimate"). Landlord agree to require all bidders to provide as part of its bid (i) a warranty for the position vacated by Tenant Improvements for a period of one (1) year from Substantial Completion, to the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee effect that all work will be performed in a different employment condition if acceptance good and workmanlike manner, in accordance with the Approved Plans (as modified by any written change orders), using new materials and free from defects in materials and workmanship, and (ii) a list of all "long lead items", that is, items specified by Tenant in the Approved Plans which involve delayed delivery to an extent that would cause delay in meeting the general contractor's schedule for Substantial Completion and thereby constitute an event of "Tenant Delay" under Section 6.3(f) of this Exhibit B, below. In addition, each general contractor will be asked to include in its bid would prevent as an optional item the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition additional cost for obtaining and/or providing warranties on certain building systems and locationequipment (to be designated by Tenant in Tenant's Space Plan) which extend beyond one (1) year (as also designated by Tenant).

Appears in 1 contract

Sources: Lease Agreement (National Information Group)

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6)1. All full-time positions, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be positionincluding higher-qualified. [Note: for a posted vacancy in a Junior/Senior Planlevel positions, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by a full-time employee who is the posting and bidding process until there senior qualified bidder meeting the qualification standards for the position except for the following positions, which shall be filled on a best qualified basis: Material Distribution Centers SP-2001 Customer Service Clerk (Level 7) When job vacancies occur in Building Equipment Mechanic, C7-09; or Customer Service Clerk, employees occupying the same standard position as the vacant position may bid for the vacancy on the basis of senior qualified, except when the vacant assignment is no being considered for reversion or being withheld per Article 12. The residual vacancy will be posted for application unless the vacancy meets one of the exceptions in the preceding paragraph. 2. Material Support Craft employees detailed to a nonbargaining unit position may not bid or until a maximum of three (3) such vacancies have been filled, whichever comes firstapply for vacant Material Support Craft assignments while so detailed. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy nothing contained herein shall be filled by construed to preclude such temporarily detailed employees from voluntarily terminating a nonbargaining detail and returning to their craft position. Upon return to the posting and bidding processcraft position, such employees may exercise their right to bid or apply for vacant craft duty assignments. All bidders for The duty assignment of a vacancy full-time Material Support Craft employee detailed to a nonbargaining unit position, including a nonbargaining unit training program, in excess of four (4) months shall be notified, orally or in writing, of the acceptance or rejection of their declared vacant and shall be posted for bid in a timely manneraccordance with this Article. When an employee returns from an approved leave of absence and there is a vacancyUpon return to the craft, the employee will become an unassigned regular. An employee temporarily detailed to a nonbargaining unit position will not return or be returned to the craft solely to prevent the employee's assignment from being posted for bid. Form 1723, Notice of Assignment, shall be reinstated used in detailing craft employees to that vacancy, provided that no employee temporary nonbargaining unit positions. The Employer will provide the Union at the Local Level with more Classification Seniority (State Seniority for Units 4 a copy of Form(s) 1723 showing the beginning and 6) has bid on the positionending of all such details. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absenceEmployees detailed to nonbargaining unit positions are not entitled to out-of-schedule premium.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection of employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.location.‌‌‌

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection (a) Displaced Operators Operators displaced by senior operators, or who for any reason are deprived of employees their assignment through no fault of their own, must displace a junior operator on a regular run at their home location or place themselves on their home extraboard. Operators must displace a junior operator within 48 hours of the time they have been advised that their run has been canceled, materially changed, or they have been displaced; not when the change takes place. Operators on sick leave or off for other approved cause will be notified of their displacement upon their return. Operators exercising their right to fill displace another operator are required to give at least 12 hours notice to the Company prior to the departure from their home terminal. Notification will be attempted first by telephone. If the operators cannot be contacted by telephone, a VRU message will be left. Displaced operators upon completion of their last assignment, with proper notice, may displace any junior operator at their home location. The displacement is effective on the first outbound trip after proper notice is given as described above. (b) Extraboard Positions The Company will determine the number of extraboard positions at each location. Should extraboard positions be posted vacancy shall between general bids, all active extraboard operators will be made eligible to bid on such positions. Assignments will be by seniority from among eligible those who bid except inactive operators will be awarded positions at the location they last worked ahead of active operators from another location. Operators will be responsible to be aware of such postings and the Company is not obligated to notify operators of any such postings. Operators must sign such bid in person and be available on the effective date. Successful bidders for the posting of extraboard positions under this provision waive the seven-day recall language. (c) Hardship Transfer Operators may request a transfer to a new location if their continued work at their home location creates a hardship. Hardship transfers are subject to Company and Union approval. Operators granted a hardship transfer forfeit all hold-down bidding and displacement rights for the duration of the current bid at their new location. (d) Hold-Downs and Vacancies New runs and vacancies between general bids will be posted as hold-downs at the extraboard location covering the work. Hold-downs will be subject to bid by all operators on the extraboard at the location and will be awarded to the senior extraboard operator bidding. Hold-downs consist of new runs, permanent vacancies or temporary vacancies due to vacations or other leaves. The successful bidder of a hold-down posted because of a new run or because the regular operator vacated the run permanently, either voluntarily or due to resignation, retirement, or death will be considered the regular operator for the duration of the bid and will be subject to all rules of a regular operator, including displacement Temporary vacancies will be posted only when there are five or more known working days included in order the hold-down posting. Operators may elect to utilize any scheduled days off immediately at the end of Classification Seniority the hold-down as if they were their regular days off. Hold-downs will be posted each week on Wednesday, Thursday, or Friday and awarded the following Thursday at 3:00 p.m. local time (State Seniority for Units 4 six to nine days later). The regular runs of operators booking off sick or on Worker’s Compensation Wednesday through the following Tuesday (a seven-day period) will be posted on the following Wednesday, Thursday, or Friday. Operators who are off sick and 6)whose runs are awarded as hold-downs will be required to pick up their run at their home locations after notifying the Company 24 hours or more in advance of their next sign-on time. Regular operators whose runs have not been awarded as hold-downs will be required to pick up their-runs at their home location after notifying the Company six hours or more in advance of the next sign-on time. If a hold-down is posted and not bid, it will be assigned to the junior operator on that board, or may at the Company’s discretion, be worked off the extraboard. Successful bidders of a hold-down will take the first outbound trip at the home location with a sign-on time nine hours or more after the hold-down is awarded, provided they are available and have sufficient rest. These operators will be removed from the senior employee's ability board nine hours before the time required to report for the assignment. Successful bidders out on an assignment at the time they should have been removed from the board must complete their assignment and capacity pick up the hold-down at their home location, after they have secured their rest. Earnings guarantee will not apply. Operators called for an extraboard assignment and instructed to report 12 hours or less before the time required to report for the hold-down assignment may, at the time of the call, decline the report for an assignment if sufficient operators are available. Operators who decline such assignments will be removed from the board and placed on the hold-down at that time. If sufficient operators are not available, the assignment must be accepted. If unable to pull the first trip of the hold-down, operators will be paid the greater of the first day of the hold-down or the work performed. Operators on hold-downs, vacation or leave of absence bidding a new hold-down must be available to perform the job are relatively equal hold-down’s first trip. Hold-downs will be awarded only to that of other biddersactive operators. Bidders for Unit 6 positions To be considered active, operators must be positionon the extraboard available for call, on assignment, or on their time off at the time the hold-qualifieddown is awarded. [Note: Operators working hold-downs of driver instructors who temporarily return to their regular runs from instructor duties may elect to return to their hold-downs provided the driver instructors work five days or less (regular assigned work days) on their regular run before returning to instructor duties. Hold-down operators must be informed of the date they can return to the hold-down and must elect at the time they are notified, whether or not they wish to return to the hold-down. Hold-down operators electing to resume the hold-down will be placed onto the extra board without hold-down bidding rights during the time the driver instructors are working their regular run. All hold-downs bids must be signed in ink. Once the hold-down is signed, it may not be altered in any manner. Completed hold-down posting sheets will be maintained by the Company for 60 days. Operators bidding a posted vacancy hold-down will not have a claim to any guarantee for wages lost as a result of their bid. (e) Material Change The following are considered material changes: 1. Change of location of assignments. 2. Change of run destination (excluding garage and/or terminal changes within the same city). 3. Change of more than an aggregate of one-hour sign-on or sign-off time in the assignment at the operator’s home location in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority three-month period. 4. Change of classes more than one-hour sign-on or sign-off time in the Junior/Senior Planassignment at the operator’s home location.] 5. Change of days off. 6. Change of assignment resulting in a decrease of $160.00 or more per month in earnings. When the working conditions of regular runs are materially changed, operators have the following options: 1. Remain on their run. 2. Displace their home extraboard. 3. Displace any junior regular operator at their home location. Runs vacated under this provision will be handled under the Hold-downs and Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only oneprovision. (1f) vacancy shall Regular Runs and Extraboard Selection The Company will conduct a minimum of four nationwide general bids for all regular runs and extraboard positions to be filled by the posting effective in January, March or April, June, and bidding processAugust or September. All bidders operators who have worked during the current bid period and prior to the new bid closing are eligible to bid. Eligible operators who fail to bid forfeit rights to displace except to the extraboard at the operator’s home location; such operators may fill any open positions or displace a junior operator on that extraboard. Runs will be awarded on a seniority basis. In recognition of a business need for a vacancy shall all operators to be notifiedavailable during the busy summer season, orally the following applies to the June and August/September general bids: • Operators changing locations with the March/April or in writing, June general bid must assume their new assignment effective on the first day of the acceptance or rejection of bid. Operators with legitimate reasons for an extension on their bid in a timely manner. When arrival date must secure an employee returns from an approved authorized leave of absence from a Company supervisor at the new location. Operators who do not change locations must pull the first cycle of their new run unless it would cause a loss of earnings between the pay for the old and new assignment. • Operators changing locations with the January or August/September general bid must work through the final work day prior to the effective date of the August/September bid. Operators who do not change locations must work the last complete cycle of the June run bid unless it would cause a loss of earnings between the pay for the old and new assignment. Whenever there are permanent vacancies, as the result of regular operators vacating their runs for any reason, or the addition of new runs in an aggregate of ten percent of the current number of runs during any 45-day period between general bids at a location, a full location bid will be conducted at the affected location. There must be 30 calendar days remaining until the effective date of the next general bid, at the time the 10 percent threshold is reached. There will not be more than one full location bid at any location in a vacancy30-day period regardless of the number of vacancies. Operators who change cycles due to a run bid change are not entitled to lost wages or overtime. Operators returning to work from authorized leave or reinstated will be assigned in the following manner: • Operators with a prior assignment within the current run bid must return to their prior job. • Operators who have not held a job in the current or upcoming bid may displace any junior operator or open position at their home location. • Operators eligible to bid who failed to do so may only bump the extraboard or any open position at their home location. Operators on a qualifying FMLA, Military, or Workers’ Compensation Leave during any open regular run selection period who do not bid, will be allowed to displace any junior operator at any location. Operators displaced as a result of this displacement will be allowed to displace any junior operator at their home location regardless of time to the employee shall next bid. Extraboard positions are bid by seniority. Operators who do not receive their bid choice on a general bid will be reinstated assigned to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the positiona vacancy nearest their present location. If no vacancies exist, they will be furloughed immediately. Operators furloughed or who are assigned to a more senior employee has successfully location (which they did not bid) will be allowed to return to their previous home location (last bid on the positionlocation) when positions become available, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absencein seniority order.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Memorandum of Agreement (Vermont Transit Co Inc)

Bidding. Selection of employees to fill a posted vacancy Bids must be submitted online using the District’s website and employment application system. a. The bidding system for lateral transfers shall be made based on a seniority system, and pertain to each classification and category. The employee within classification with the highest classification seniority from among the list of eligible bidders in order of Classification Seniority (State Seniority for Units 4 will be given the lateral transfer and 6), provided must accept the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions lateral movement. b. Successful bids must be position-qualifiedaccepted. [Note: for a posted vacancy in a Junior/Senior PlanBids may not be withdrawn after the closing date of the posting, Classification Seniority but may be withdrawn while the post is still open. c. Successful bidders shall be entitled to two (2) moves per fiscal year. d. Positions that remain vacant after the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies lateral transfer process has been completed shall be filled through the interview and select process of qualified applicants. Candidates shall be considered and bids shall be awarded based on educational qualifications, work experience, satisfactory work performance, years of service, and performance in the interview process.  Promotional candidates interviewed first: Internal candidates for whom the position would be a promotion will be interviewed first. Once the interview process has concluded, the promotional candidate who meets the site’s needs as determined by the posting and bidding process until there is no bid or until a maximum interview panel will be recommended to Human Resources for hire. If the interview panel elects not to hire one of the promotional applicants, the position may be filled from the candidate pool.  In any event, for any promotional vacancy with internal applicants deemed qualified by the Human Resources screening, the department must interview the three (3) such vacancies most senior qualified applicants with greatest District seniority.  For the purpose of this section 15.2.2, the District will comply with all requirements of the Veterans Preference Act. e. The Human Resources Department will notify the successful bidder via email, at the employee’s District email address, that they have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by awarded the posting transfer and bidding process. All bidders for a vacancy shall be notified, orally or in writing, the start date of the acceptance or rejection new assignment. A copy of their bid in a timely mannerthis email will be routed to Local No. When an 284. The employee returns from an approved leave is required to confirm receipt of absence the email and there is a vacancy, confirmation of the employee shall be reinstated new assignment within twenty-four (24) hours.  The District will provide to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has the Union the list of all unit member who bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection of The Employer agrees that when any position covered by this Local Rider is open, and said position will be posted for bid at that office location, and may be bid upon by employees to fill a posted vacancy shall be made from among eligible bidders in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employeeon that office's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes firstactive seniority roster. However, when a new starting time within a classification is changed, or an opening occurs due to a vacancy can be filled by or an addition, employees within that classification shall have the first opportunity, on a seniority basis, to claim such starting time before it is posted for bid. Abuse of changing starting times is subject to the grievance procedure. Terminals shall have an annual bid. At the time of bidding an employee who must be qualified to perform the functions of the job for which they are bidding. The Employer has received notice the right to establish job requirements for each bid classification. Seniority shall be the governing factor where the employee meets the provisions of permanent layoffthe bid. Any controversy shall be subject to the grievance procedure, only one except that where the parties have established specified for determining qualifications of employees for promotions, such procedures may continue in effect unless changed by mutual agreement. Written notices of job openings are to be posted for bid for three (3) days. The bid shall contain an adequate description of the job duties, the starting time for such position, the rate of pay involved, and the requirements for the position. Copies of all bid notices and awards shall be sent to the Union. The Employer may change a starting time in any classification by no more than two (2) hours on a one (1) vacancy shall be filled by time basis during any calendar year without such position being subject to bid. If the posting and bidding process. All bidders for a vacancy shall be notified, orally or change in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancystarting times exceeds two (2) hours, the affected employee shall be reinstated in such bid classification has the option to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has retain his bid on the positionposition or may bump where his seniority an qualification permit. If a more senior employee has successfully bid on the positionIn such case, the employee returning from vacated position will be offered first within the approved leave of absence shall classification and, if not filled in that manner, will be selected posted for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absencebid.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Local Rider

Bidding. Selection of All employees to fill a posted vacancy in the bargaining unit, including furloughed employees, may submit bids for vacant or newly created positions. Bids shall be made from among eligible bidders submitted, in writing, to the Director or designee within six (6) days of the posting period. An employee must have completed ninety (90) calendar days in his/her current position in order of Classification Seniority (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal be eligible to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for bid on a posted vacancy in the same classification; except when the vacancy is on a Junior/Senior Plan, Classification Seniority is different shift. No such restrictions shall apply to vacancies in another classification. The District shall only be required to interview applicants who clearly meet the combined Class Seniority required qualifications on the basis of classes in the Junior/Senior Plan.] application and/or other information submitted. Vacancies for positions other than maintenance positions shall be filled by awarding the posting position to the most senior, and most qualified bidding process until there is no bid or until employee. The Director may award a maximum of three (3) such vacancies have been filled, whichever comes first. However, when vacant position to a vacancy can be filled by an less senior employee who if the more senior employee has received notice of permanent layoffa verbal or written reprimand, only one or an unsatisfactory performance evaluation within the past two (12) years. The vacancy shall be filled by the posting and bidding processbefore recall is instituted. All bidders Vacancies for a vacancy maintenance positions shall be notifiedfilled by awarding the position to the most senior bidding employee, orally or in writing, but the District may award the position to a less senior employee if the less senior employee has demonstrated superior performance capabilities within the framework of the acceptance position job description or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the positionspecialized training. If a more senior employee has successfully bid on vacant position is to be filled as the positionresult of an internal posting only, the employee returning from the approved leave of absence vacant positions shall be selected for filled by regular employees within ten (10) work days of the closing of the posting period, if possible. Unsuccessful applicants shall receive notice within ten (10) work days of the position vacated by the successful bidderhaving been awarded. (See also Article 10, Section 6, regarding return from The District may at its option provide recommendation for improvement of skills to an unsuccessful applicant. The District may take necessary steps as required to secure temporary help when a leave of absence.) Notwithstanding the abovevacancy occurs. However, the Appointing Authority District shall offer additional hours of work to employees within the classification prior to offering the work to non-bargaining unit temporary employees. The “Rodeo Bidding Process” will be used as an alternative to the above procedures for Custodian 1 vacancies only. The Association agrees that it will not consider bids initiate and/or support a grievance, whether such grievance is filed by employees for vacancies if acceptance an individual employee, or on behalf of a bid would create group of employees, where such grievance claims a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance contractual violation of any article of the bid would prevent Collective Bargaining Agreement pertaining to the recall posting and/or filling of an employee from vacancies, or other positions, when such vacancies or positions are filled using the Seniority Unit Layoff List laid off from the same class, employment condition and location“Rodeo Bidding Process”.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection of With regard to work assignments, bargaining unit employees to fill a posted vacancy shall be made from among eligible bidders entitled to bid for assignments within their job classification on the following terms. Prior to the bid, the Employer will post a list of the available work assignments (ie., primary geographical location and work shift) at least two weeks prior to the commencement of the bid. The number and nature of the assignments shall be established by the Employer at its sole discretion. Employees shall be given the opportunity to select an available work assignment within their job classification in the order of Classification Seniority (State Seniority for Units 4 and 6), provided their relative classification seniority. The bid shall be completed not less than two months prior to the senior employee's ability and capacity beginning of the calendar year. Employees who miss their scheduled bidding time shall immediately be permitted to perform select an available assignment after contacting the job are relatively equal Administration. Employees shall be allowed to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Plan, Classification Seniority is make reasonable arrangements acceptable to the combined Class Seniority of classes Employer to participate in the Junior/Senior Plan.] Vacancies bid on an absentee basis such as, for example, by written proxy filed with the Department's Assistant Chief during the two (2) week notice period referenced above. Scheduling of days off pursuant to the provisions of Section 10.5 of this Agreement shall be filled by the posting and bidding process not begin until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one at least one (1) vacancy shall be filled calendar week after the end of the published redraw schedule. Although the parties desire to provide bargaining unit employees with a consistent work schedule and duties and an opportunity to work in assignments preferred by the posting and bidding process. All bidders for a vacancy employee; nothing herein shall be notified, orally limit the Employer’s right or in writing, ability to reassign an employee after the bid when necessary to meet the legitimate business needs of the acceptance or rejection of their bid in a timely mannerDepartment. When To mitigate the impact on an employee, the Employer agrees that it will: when appropriate, try to meet its needs by seeking volunteers to change work assignments; give an employee returns at least 14 days’ advance notice of an involuntary change in assignment; upon the request of the employee, provide the employee with a statement of the business reason necessitating an involuntary change; and when the reassignment causes the employee’s shift to change, grant the reassigned employee days off from an approved leave of absence his/her new shift corresponding to previously granted days off from his/her old shift when the employee can reasonably demonstrate that he/she had made plans for his/her time off and there is that the inability to take time off during in accordance with such plans would cause a vacancyhardship to the employee. In all other cases, the Department shall use its best efforts to work with an affected employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 schedule days off at a time mutually acceptable to the Department and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absenceemployee.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Labor Agreement

Bidding. Selection (1) PACKAGE CAR & AIR DRIVERS (a) The Employer shall post a list of employees to fill a starting times by classification within each center for all regular full time jobs on the Second (2nd) Monday in February of each year. Such list shall remain posted vacancy shall be made from among eligible bidders for two (2) weeks. Employees shall, in the order of Classification Seniority seniority and within their classification, select their starting times from the schedule posted in their center. All start time moves will be completed by the Second (State Seniority for Units 4 and 6), provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy 2nd) Monday in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes April. (b) The Employer will call each employee within their centers in the Junior/Senior Plan.] Vacancies shall office in the order of seniority with the ▇▇▇▇▇▇▇ present to select their starting time and preferred area. Once an employee selects by signing the bid, no changes will be filled by the posting and bidding process until there is no bid or until permitted. There will be a maximum of three (3) such vacancies training trips in each Center. The employee will be paid for this time. There will be a minimum of three (3) bid cover drivers per center. These drivers will select, on a weekly basis, all available weekly trips in seniority order. The ▇▇▇▇▇▇▇ will be provided a copy of the completed list as well as the Local Union. A driver who bids a training route, and is subsequently pulled from that route, shall be dovetailed into the center cover list for that week. Any package car driver who feels they have been filledexcessively forced from their bid shall have the right to file a grievance. If the matter persists, whichever comes firstthen it shall be referred to the District Labor Manager and the Principal Officer of Local 623 for review. (c) In the event a new job or vacancy occurs after the annual January bid, the Employer shall post for ten (10) working days such vacancy or new job for bid in the Buildings where the vacancy or new job occurs. HoweverThe Buildings agreed to are the Oregon Avenue facility and the facilities located at Hog Island Road. The successful bidder will be moved within three (3) weeks of taking down the bid. The Local Union will be supplied a copy of the bid sheet upon posting and the name of the successful bidder upon completion. Package car drivers bidding from building to building will be limited to twelve (12) moves per year. Any new jobs or vacancies after that will be posted in the building where the vacancy or new job occurs. Vacancies shall be posted within ten (10) working days of the occurrence of the vacancy. A new job shall be posted within thirty (30) working days. Any such vacancy or new job shall be awarded to the senior qualified full time bidder, when who shall have thirty (30) working days to qualify provided the bidder has changed classification. If the bidder fails to qualify, that person shall revert to their prior status for a vacancy can be filled by an employee who has received notice minimum of permanent layoff, only one one (1) vacancy year from the date of disqualification. Any employees, who disqualify themselves, shall then revert to their prior status for a minimum of two (2) years from the date of disqualification. Full time employees who change centers must remain in their new center a minimum of two (2) years. The open job created by the move of the successful bidder will then be posted and awarded to the senior qualified bidder. The third (3rd) move, if one occurs, shall be filled by the posting and bidding processEmployer. All bidders for a vacancy jobs added in November and December shall be notifiedconsidered to be temporary jobs and not subject to bid. (d) When bid work is not available or when delivery areas or runs are consolidated, orally discontinued or in writingtemporarily suspended, employees shall perform available work as assigned. (e) In the event of a change of starting times of more than one (1) hour after the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancyannual January bid, the employee Employer shall within ten (10) working days after the change of starting time, post such new starting time for bid within the center and shall be reinstated awarded to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more most senior employee has successfully bid on the position, the employee returning from the approved leave of absence bidding. It is intended that there shall be selected for a maximum of two (2) moves under the position vacated by the successful bidderabove bidding procedure. (See also Article 10All temporary changes of starting times, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority including those made in November and December shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and locationbe subject to bid.

Appears in 1 contract

Sources: National Master United Parcel Service Agreement

Bidding. Selection of employees to fill a posted vacancy Bids must be submitted online using the District’s website and employment application system. a. The bidding system for lateral transfers shall be made based on a seniority system, and pertain to each classification and category. The employee within classification with the highest classification seniority from among the list of eligible bidders in order of Classification Seniority (State Seniority for Units 4 will be given the lateral transfer and 6), provided must accept the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions lateral movement. b. Successful bids must be position-qualifiedaccepted. [Note: for a posted vacancy in a Junior/Bids may not be withdrawn after the closing date of the posting, but may be withdrawn while the post is still open. c. With the exception of Senior PlanCustodians, Classification Seniority is successful bidders shall be entitled to two (2) moves per fiscal year. Senior Custodians shall be entitled to one (1) move per fiscal year. d. Positions that remain vacant after the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies lateral transfer process has been completed shall be filled through the interview and select process of qualified applicants. Candidates shall be considered and bids shall be awarded based on educational qualifications, work experience, satisfactory work performance, years of service, and performance in the interview process. At their discretion, and dependent on notification of Human Resources, a Union representative may attend as an observer. • Promotional candidates interviewed first: Internal candidates for whom the position would be a promotion will be interviewed first. Once the interview process has concluded, the promotional candidate who meets the site’s needs as determined by the posting and bidding process until there is no bid or until a maximum interview panel will be recommended to Human Resources for hire. If the interview panel elects not to hire one of the promotional applicants, the position may be filled from the candidate pool. • In any event, for any promotional vacancy with internal applicants deemed qualified by the Human Resources screening, the department must interview the three (3) such vacancies most senior qualified applicants with greatest District seniority. • For the purpose of this section 15.2.2, the District will comply with all requirements of the Veterans Preference Act. e. The Human Resources Department will notify the successful bidder via email, at the employee’s District email address, that they have been filled, whichever comes first. However, when a vacancy can be filled by an employee who has received notice of permanent layoff, only one (1) vacancy shall be filled by awarded the posting transfer and bidding process. All bidders for a vacancy shall be notified, orally or in writing, the start date of the acceptance or rejection new assignment. A copy of their bid in a timely mannerthis email will be routed to Local No. When an 284. The employee returns from an approved leave is required to confirm receipt of absence the email and there is a vacancy, confirmation of the employee shall be reinstated new assignment within twenty-four (24) hours. • The District will provide to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has the Union the list of all unit member who bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Bidding. Selection of employees (1) Any reference in this Section IV.B(1) to fill a posted vacancy Tenant shall be made from among eligible bidders in order deemed to refer to Tenant acting through Tenant’s Representative after the completion of Classification Seniority Construction Documents. After agreement upon the relevant portions of the Construction Documents, Landlord shall, with the assistance and cooperation of the GC, Tenant and Landlord’s Design Professionals, prepare a bidding package for Landlord’s Work based upon the Construction Documents, to be provided to the GC’s proposed subcontractors (State Seniority for Units 4 and 6)or, provided the senior employee's ability and capacity to perform the job are relatively equal to that of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a posted vacancy in a Junior/Senior Planif Landlord so elects, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Planbidding of general contractors).] Vacancies (2) Landlord shall be filled by promptly issue the posting and aforesaid bidding process until there is no package to the GC. The bid or until solicitation will require that the GC obtain bids from a maximum minimum of three (3) subcontractors in each applicable trade, all of whom shall be mutually and reasonably acceptable to Landlord and Tenant, and reasonably determined by Landlord, Tenant and the GC to have demonstrated ability to perform the work in a first class, good and workmanlike and timely manner, for each type of work required. The GC may bid directly for any items of Landlord’s Work. Tenant may require that specific items be unit priced during the course of the bid process. Landlord agrees to cause the GC to identify “long lead” items or materials which will delay Substantial Completion of any portion of Landlord’s Work by the Target Date, and shall notify Tenant of the same promptly after such vacancies identification can be made. Landlord and Tenant shall cooperate in good faith to avoid such “long lead” items or materials. (3) All subcontractors shall submit their bids directly to the GC and Landlord, who will review and analyze all bids submitted, and either Landlord or the GC shall format all the bids for review by Tenant including copies of all submitted bids (such format, the “Bid Format”). The Bid Format, listing all bids received, shall be delivered to Tenant and Tenant’s Representative within seven (7) days after receipt of the last subcontractor bid. Upon receiving the Bid Format, Tenant shall have seven (7) days to review the Bid Format and request any clarifications thereof from Landlord (a “Request for Clarification”). If Tenant makes a Request for Clarification, Landlord shall promptly commence diligent efforts to cause the information requested to be furnished, if possible. Within five (5) days after Tenant’s receipt of the Bid Format, or, if Tenant makes a Request for Clarification, within five (5) days after Tenant’s receipt of the clarification requested, Landlord shall deliver the final Bid Format for the Landlord’s Work (“Final Bid Format”). Landlord, Tenant and the GC shall, within seven (7) days following Tenant’s receipt of the Final Bid Format, select the subcontractors mutually determined by them to be the acceptable bid (“Final Bid”), and the costs associated with such subcontracts shall be incorporated within a revised budget and shall form a part of the Total Cost to Complete. Although pricing shall be a consideration, the parties agree that the lowest price bid shall not necessarily be the Final Bid awarded by the GC if there is a reasonable basis to award the subcontract to a higher priced bidder (such as considerations relating to scheduling, coordination of trades, and other factors). The parties agree to use reasonable, diligent and good faith efforts to make Final Bid selections as soon as is reasonably practicable after the Final Bid Format is submitted to Tenant. Once contracts have been filledawarded, whichever comes firstthe Preliminary Budget shall be updated to reflect the pricing of such contracts, and the Preliminary Budget, as so adjusted, shall constitute the “Approved Project Budget” hereunder. (4) The parties generally intend that the Improvements be designed and constructed within the overall cost limitations of the Preliminary Budget. HoweverThe Preliminary Budget, when and each subsequent budget, shall contain a vacancy can line item contingency for miscellaneous items and unanticipated issues, in an amount equal to three percent (3%) of the sum of (i) the Final Bid amount for Landlord’s Work in the aggregate, plus (ii) all Land acquisition costs. If, upon determination of the Final Bid, any Costs exceed the amount budgeted therefor pursuant to the Preliminary Budget and/or the Cost of Landlord’s TI Work exceeds the TI Allowance, Landlord shall, upon Tenant’s written request, engage in a process of redesigning and value engineering the scope of Landlord’s Work to reduce the overage or otherwise meet the Preliminary Budget or TI Allowance , provided any delay in the completion of Landlord’s Work resulting from such redesign or value engineering shall either (i) constitute a Tenant Delay, if the redesign relates to Landlord’s TI Work, or (ii) constitute an event of Force Majeure, if the redesign relates to Landlord’s Base Building Work. Unless Tenant requests such value engineering, the pricing reflected in the awarded Final Bids shall be filled deemed to have been agreed upon by an employee who Landlord and Tenant, and will be reflected within the Approved Project Budget; and if such value engineering is in fact requested and implemented, the pricing reflected in the revised Final Bids (reflecting any savings achieved by such value engineering) shall be deemed to have been agreed upon by Landlord and Tenant, and will be reflected within the Approved Project Budget. (5) Landlord shall provide, or cause the GC to provide, updated Project Budgets to Tenant on a reasonably frequent basis, but no less than once monthly. Landlord shall commence review of such Project Budgets on the date of their submission to Tenant and shall respond in writing to the GC, specifying in detail any aspects of the updated Project Budgets of which Landlord or Tenant does not approve. Tenant and Landlord shall attempt, in good faith, to resolve any differences between the Construction Documents and Project Budget, as prepared, and the GC’s responses. Landlord and the Project Employees shall consult and work closely with Tenant, Tenant’s Representative, and Tenant’s consultants throughout the design and construction process, and coordinate with Tenant as to all scheduled meetings with the design and construction professionals, and shall work with Tenant to provide any requested material information concerning the design and construction of the Building and Premises to Tenant. Tenant shall not have the right to object to any items within a Project Budget other than the Variable Cost items. (6) In addition, Landlord and Tenant shall endeavor to meet with each other and with the GC and Design Professionals at least once weekly to review design and construction issues for Landlord’s Work at all times prior to the Commencement Date. Landlord or the GC shall, upon Tenant’s written request, provide a written summary of the weekly progress meetings (which may consist of meeting minutes) to Tenant’s Representative. (7) On a monthly basis, Landlord shall provide Tenant (or Tenant’s Representative) with copies of any Invoices which Landlord has received notice for Landlord’s Work, along with requisitions therefor (on standard AIA forms G702 and G703, or a substantially similar form), plus any additional documentation of permanent layoffsuch costs as Landlord or Tenant may reasonably request. Within five (5) business days after Tenant receives such Invoices, only one Tenant shall either: (i) notify Landlord that Tenant in good faith disputes the charges indicated on any such Invoices (which dispute may be due to Tenant‘s good faith belief that such portion of Landlord’s Work has not been performed in accordance with the Construction Documents, or that such Invoices are inconsistent with the Final Bid); or (ii) sign off on and approve payments of such Invoices. If Tenant grants its approval pursuant to clause (ii) as aforesaid, then unless Tenant notifies Landlord otherwise in writing at the time Tenant grants its approval, Tenant shall be deemed to have agreed that (1) vacancy the portion of Landlord’s Work shown on such Invoices has been Substantially Completed in accordance with the Construction Documents (except for latent defects and punch list items), and (2) the value of the work set forth on such Invoices has been incorporated into Landlord’s Work. Tenant’s failure to respond to a submission under this Section within such five (5) business day period shall be filled by the posting and bidding process. All bidders for a vacancy shall be notified, orally or in writing, deemed to constitute its approval of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the position. If a more senior employee has successfully bid on the position, the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absenceapplicable submission.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance of a bid would create a layoff or a bumping situation nor accept a bid from an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and location.

Appears in 1 contract

Sources: Deed of Lease (Telecommunication Systems Inc /Fa/)

Bidding. Selection Section 8.1 The Employer and the Association agree that in order for the Department of employees Corrections to fill a posted vacancy operate as efficiently and effectively as possible while maintaining an appropriate level of objectivity in the assignment of custody staff positions, such assignments shall be made from among eligible bidders in order of Classification Seniority (State accordance with the Department’s policy, D2-2.22, Job Assignment Bids. Section 8.2 Seniority for Units 4 and 6)job bid purposes shall be defined as total time in the classification from the most recent hire date. For bidding purposes, provided if it becomes necessary to break a tie of two or more employees’ seniority, the tiebreaker shall be determined by the lowest of the last four digits of the Social Security Numbers of the affected employees. The employee with the lower number shall be considered most senior employee's in such cases. Section 8.3 Department Policy D2-2.22 provides, among other things, that eligible candidates will be evaluated based on: a) Seniority within the classification; and b) The ability and capacity to perform the job are relatively equal to that duties of other bidders. Bidders for Unit 6 positions must be position-qualified. [Note: for a the posted vacancy in a Junior/Senior Plan, Classification Seniority is the combined Class Seniority of classes in the Junior/Senior Plan.] Vacancies shall be filled by the posting and bidding process until there is no bid or until a maximum of three (3) such vacancies have been filled, whichever comes first. However, when a vacancy can be filled by position If an employee who is not awarded a bid for an assignment believes that the decision was based on factors other than those listed above, he may file a grievance. In this circumstance, if the bid was not awarded in accordance with these criteria, the Employee who was awarded the bid will be returned to his previous assignment and the Employee who best meets the bidding criteria will be awarded the bid. If the previous position of the Employee who was originally awarded the bid is not available either, because it has received notice of permanent layoffbeen eliminated or another employee has bid into this position, only one (1) vacancy then the Employees affected shall be filled by the posting reverted back to their original positions and bidding process. All bidders for a vacancy shall be notified, orally or in writing, of the acceptance or rejection of their bid in a timely manner. When an employee returns from an approved leave of absence and there is a vacancy, the employee shall be reinstated eligible to that vacancy, provided that no employee with more Classification Seniority (State Seniority for Units 4 and 6) has bid on the positionrebid. If a more senior position has been eliminated then the displaced Employee will be assigned to an available position in accordance with Section 13.3 of this Labor Agreement. Section 8.4 An employee has successfully bid on may be excluded from consideration for any of the position, following reasons: a) employee is subject to pending or current disciplinary action; b) employee is the employee returning from the approved leave of absence shall be selected for the position vacated by the successful bidder. (See also Article 10, Section 6, regarding return from a leave of absence.) Notwithstanding the above, the Appointing Authority shall not consider bids by employees for vacancies if acceptance subject of a bid would create a layoff or a bumping situation nor accept a bid from pending administrative inquiry/investigation; or c) employee is currently on an employee in a different employment condition if acceptance of the bid would prevent the recall of an employee from the Seniority Unit Layoff List laid off from the same class, employment condition and locationperformance improvement plan due to less than successful performance. Departmental policy will be consistent with this Labor agreement.

Appears in 1 contract

Sources: Labor Agreement