(CLICK HERE for Post
and Bid Work Locations)
Dec 18, 2001- The contracts
have been finally approved by both the State and
Union. We have the printers starting their process
today, they say, with the holidays, that it will
be approximately three weeks before completion
and ready for mailing.
POST AND BID: One of the most
important- at least the one that most questions
come in on- is Post and Bid. The new contract
language for Article 17- Post and Bid is below.
Caltrans employees, where most of the questions
are coming from, should look to the changes reflected
in :17.3- Transfers outside the “local work location”;
17.7- Ties in seniority; 17.8- Reassignments (where
there is no vacancy).
After application of 17.1,
CALTRANS is a true post and bid, statewide. In
CALTRANS, there is to be a weekly posting of all
job vacancies at all worksites; there is to be
the transfer request forms posted next to the
vacancy lists for your usage. If its not done,
notify your union business agent immediately.
LOCAL WORK LOCATIONS: FOLLOWING
THE POST AND BID LANGUAGE OF THE CONTRACT BELOW,
THE LOCAL WORK LOCATIONS FOR CALTRANS ARE PRESENTED.
THESE ARE 99% ACCURATE, THE FINAL AGREED LOCATIONS
HAS BEEN CHANGING ALMOST DAILY, IT WILL BE FINALIZED
PRIOR TO JANUARY 1. THE FINAL AGREED LOCATIONS
WILL BE POSTED AS SOON AS FINALIZED. (Mostly involves
address and code numbers).
CONTRACT
LANGUAGE IN THE 2001-2003 CONTRACT:
17.1
POST AND BID LOCAL WORK LOCATIONS
17.2 PROMOTIONS
17.3 TRANSFER FROM OUTSIDE THE LOCAL WORK LOCATION
17.4 APPRENTICES
17.5 MANDATORY
PLACEMENT
17.6
APPEAL OF INVOLUNTARY TRANSFER
17.7
POST AND BID SENIORITY TIES
17.8
REASSIGNMENT
ARTICLE 17- POST AND BID:
- This article shall only
apply to vacancies as defined in B. below.
- A vacancy shall be deemed
to exist when a permanent full-time position
is unoccupied as a result of retirement, transfer,
termination, resignation, reassignment, new
position, promotion, change in tenure to permanent,
or new funding and the employer decides to fill
it.
17.1
POST AND BID LOCAL WORK LOCATIONS
(CLICK HERE for Post and Bid Work Locations)
A.
When the employer decides to fill a vacancy,
including a change in tenure of a position from
limited-term to permanent, the following process
shall apply:
B.
A notice of intent to fill the vacancy
shall be posted at the work site(s) for Unit 12
employees within the local work location for a
minimum of seven (7) calendar days. This notice
shall include the classification, a duty statement
or description of duties, requisite skills and
abilities required of the position, reporting
location, the shift and the days off for the position
to be filled, the filing date and contact person’s
name and telephone number. Eligible employees
interested in a posted position must indicate
interest by submitting a departmental bid request
form (Section 17.3.A.1) to the specified contract
person, by the final filing date.
C.
Eligible employees are defined as:
1.
Employees holding permanent full-time status
at the work location in the classification of
the posted position. For the purpose of this section,
permanent status means having successfully completed
his/her probationary period in the class, and,
if required, successfully completed all requirements
of an apprenticeship program.
2.
Employees possessing the requisite skills
and abilities required of the vacant position:
Any employee who has sustained disciplinary action,
excluding written reprimands, or received a documented
substandard review (that identifies performance
expectations) in a majority of the requisite skills
of their classification within the last 12 months,
may, at the discretion of the employer, not be
considered for transfer under the provisions of
this section.
3.
The employee submitting the bid request,
or, in the case of multiple requests for the same
vacant position, the employee with the greatest
amount of continuous “local work location” seniority
in the class, shall be selected over other employees
and notified of start date.
4.
Employees transferred under this provision
waive any rights to claims for moving and relocation
expenses. This does not preclude payment of such
expenses, at management discretion.
5.
This section does not preclude management
from transferring employees or denying employee’s
transfer for verifiable security, safety, or clearly
articulated operational reasons.
6.
For training purposes, management may transfer
an employee to a vacant position, for a period
not to exceed 30- calendar days, before being
required to post the position.
7.
Employees who work rotating shifts and
are paid bi-weekly positive payroll are excluded
from eligibility under this section in bidding
shifts and days off but not for changes of worksite
within a work location.
When
there are no bids (from the local work location
as defined in Addendum 1), management may fill
the vacant position consistent with section 17.2
or shall fill the position consistent with 17.3
of this Article.
17.2 PROMOTIONS
After the provisions of 17.1 above have been applied,
the employer reserves the absolute right to promote
eligible individuals within the work location
from a valid civil service employment list.
17.3
TRANSFER FROM OUTSIDE THE LOCAL WORK LOCATION:
- All Departments other
than the Department of Transportation and
Telecommunication Technician/Sr. Telecommunication
Technician in the Department of General Services.
1.
Eligible employees desiring a transfer to a different
“work location” (See Addendum 1) within their
department may apply in writing to the department
on a form provided by the departments listed in
Addendum 1 or the form provided in Addendum 4
for those departments not listed in Addendum 1.
Such transfer requests shall be to permanent full-time
positions in the same department within their
current classification.
Eligible
employees who wish to submit a transfer request
may do so during a 30-day calendar day open period,
beginning on October 1 and ending on October 30
of each calendar year. Bids become effective January
1 thru December 31 of each calendar year. Transfer
requests shall be kept on file for 12 months.
2.
EMPLOYEES WHO WORK IN DEPARTMENT OF TRANSPORTATION:
A
notice of intent to fill the vacancy shall be
posted at the work site(s) for Unit 12 employees
within each local work location for a minimum
of seven (7) calendar days. This notice shall
include the classification, a duty statement or
description of duties, requisite skills and abilities
of the position to be filled, the final filing
date, and contract person’s name and telephone
number. Eligible employees interested in a posted
position must
indicate
interest by submitting a departmental bid request
form (Section 17.3.A.1) to the specified contact
person by the final filing date.
3.
TELECOMMUNICATION TECHNICIANS/SR. TELECOMMUNICATION
TECHNICIANS IN THE DEPARTMENT OF GENERAL SERVICES
Vacancies
for Telecommunication Technician and Sr. Telecommunication
Technician classification shall be posted statewide
(no separate posting for local or outside local).
The vacancy notices will be e-mailed to all maintenance
staff in the classifications. Seniority calculations
will be based on continuous departmental seniority
in the class. The Department reserves the right
to promote eligible individuals within a shop
from a valid civil service employment list, if
there are no bids from employees within that shop.
B.
Eligible employees for Section A.1 & A.2 are
defined as:
1.
Employees holding permanent full-time status
in the department and in the classification of
the available position. For purpose of this section,
permanent status means having successfully completed
his/her probationary period in the class, and,
if required, successfully completed all requirements
of an apprenticeship program.
2.
Employees possessing the requisite skills
and abilities required of the available position.
Any employee who has a sustained disciplinary
action or received a documented substandard review
(that identifies performance expectations) in
a majority of the requisite skills of their classification
within the last 12 months, may, at the discretion
of the receiving employer, not be considered for
transfer under the provisions of this section.
- The employee submitting
the bid request, or, in the case of multiple
requests for the same vacant position, the employee
with the greatest amount of continuous departmental
seniority in the class shall be selected over
other employees.
1.
Employees selected under the terms of this
section shall have a maximum five (5) workdays
in which to accept or reject a job offer. Once
the five-(5) workdays have expired without response
from the employee, the supervisor shall consider
it a refusal of the job offer. Should the
employee decline the offered position, the employer
may fill the vacant position with the next senior
employee. Absent additional requests, the other
provisions of this article may e used.
2.
If the employee accepts the transfer, the
employee will have a maximum of 30 calendar days
to report to the new work location, unless mutually
agreed otherwise by the hiring supervisor. If
the employee accepts the transfer and does not
report to the new work location, on the agreed
date, the employee shall not be eligible for transfer
under this section for the remainder of the bid
period.
- Employees transferred under
this provision waive any rights to claims for
moving and relocation expenses. This does not
preclude payment of such expenses, at management’
discretion.
- This section does not preclude
management from transferring employees or denying
employee’s transfer for verifiable security,
safety, or clearly articulated operational reasons.
- After the provisions of
17.3 above have been applied, the employer may
offer a time-base change from permanent intermittent
to permanent full-time to an employee who meets
the necessary criteria for such a time-base
change.
- When there are no employee
requests to be transferred on file, management
may fill the vacancy with any means at its disposal.
17.4 APPRENTICES:
- The provisions of this
article do not apply to employees indentured
in any apprenticeship program recognized under
this agreement, or those employees in the
Telecommunication Technician Trainee classification.
- The parties recognize
that it is mutually beneficial to place graduating
apprentices in the work location where they
completed their training. Consequently, the
provisions of this article will not apply
when the employer must place a graduating
apprentice.
17.5 MANDATORY
PLACEMENT
The parties recognize that this article shall
not contravene employee rights to mandatory reinstatement
or placement on placements as required by the
Government Code.
17.6
APPEAL OF INVOLUNTARY TRANSFER
A.
An involuntary transfer which reasonably
requires an employee to change his/her residence
may be grieved under Article 14 only if the employee
believes it was made for the purpose of harassing
or disciplining the employee. If the appointing
authority or the Department of Personnel Administration
disapproves the transfer, the employee shall be
returned to his or her former position; shall
be paid the regular travel allowance for the period
of time he/she was away from his/her original
headquarters; and his/her moving costs both from
and back to the original headquarters shall be
paid in accordance with the Department of Personnel
Administration laws and rules.
B.
An appeal of an involuntary transfer which
does not reasonably require an employee to change
his/her residence shall not be subject to the
grievance and arbitration procedure. It shall
be subject to the grievance procedure to the Department
Director’s level of review if the employee believes
it was made for the purpose of harassing or disciplining
the employee.
17.7
POST AND BID SENIORITY TIES
In resolving any seniority ties in this Article,
the following will be the order of tiebreakers.
A.
If tied, seniority in the Unit 12 class
within the Department;
B.
If tied, seniority in any Unit 12 class
within the Department;
C.
If tied, seniority in Unit 12 anywhere
within the State Service;
D.
If tied, DRAWING:
1.
Each person writes name on paper. Places
in a container.
2.
A neutral person, non-manager, non-supervisor,
and non-interested party in selection process
draw names from the container.
17.8
REASSIGNMENT
A.
A permanent reassignment is defined as
a change of reporting location and/or facility
where no vacancy exists and such change shall
be for more than (30) thirty calendar days. A
permanent change of work location and/or facility
shall be implemented pursuant to Article 17.1
(Post and Bid) of this agreement.
B.
FOR CALTRANS, the following will apply:
1.
When the Department has the need to close
a facility and reassign all employees to another
facility, post and bid will not apply.
2.
When an entire crew(s) is being reassigned
from one facility to another facility to another
facility, Article 17.1 will apply, but will be
limited to qualified employees within the impacted
facility(s).
3.
When less than an entire crew from on facility
is being reassigned to another facility, Article
17.1 will apply, but will be limited to qualified
employees within the Local Work Location within
35 miles of the impacted worksite(s).
LOCAL WORK LOCATIONS- CALTRANS
ONLY: 99% ACCURATE. FINAL LIST WILL BE POSTED
AS SOON AS FINALIZED. (Mostly has to do with addresses).
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