University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

Article 13 Filling of Vacancies

Section 1. Definition of a Vacancy.

A vacancy is a job opening in the bargaining unit which the Employer determines to fill. Vacancies can result from promotion, demotion, transfer, termination of an employee or from the addition of new positions. A vacancy is not created by an assignment change within the same job classification, same department, and on the same shift.

Section 2. Posting of Vacancies.

Whenever a vacancy occurs which the Employer determines to fill, the Employer shall post notice of the opening on the official Human Resources Department web page at http://www.umn.edu/ohr/employment/index.html for a period of not less than seven (7) calendar days. The posting shall carry the position classification, title, number, the hourly rate of pay, minimum acceptable qualifications, and shift hours. The work schedule and work location shall be included. A posted vacancy may be canceled during the posting period but may only be canceled after the posting period for lack of funds. Upon request, the Employer shall furnish the Local Union with documentation of the lack of funds.

A temporary appointment shall not be made solely for the purpose of avoiding layoff rights for that employee or denying bidding rights to other employees.

Section 3. Applicant Consideration.

Employees serving an initial probationary period shall not be considered for any vacancy except a vacancy in the same class in a different percentage appointment or at a different term appointment. Employees serving an initial probationary period in a temporary position shall be permitted to apply for other positions which are not temporary unless there is a layoff list for the classification of the vacancy. The Employer may deny such a transfer if the employee has received disciplinary action at the level of written warning or higher or has received an unsatisfactory mid‑point evaluation.

Employees may apply for posted vacancies by submitting a written application form which shall be provided, upon request by the appropriate Human Resources Department. In order to be guaranteed seniority consideration, completed applications must be submitted prior to the end of the seventh day of the posting and must be accepted by the Human Resources Department, except that such acceptance shall not imply that the applicant is qualified. In filling all bargaining unit vacancies, the Employer shall fill openings from among qualified applicants in the following order:

  1. First, current bargaining unit employees who have received layoff notice in accordance with Article 16 on the basis of total bargaining unit seniority.
  2. Next, current bargaining unit employees on layoff list for the classification involved in accordance with Article 16.
  3. Next, current bargaining unit employee who has passed an initial probation with the University and who has either a) been determined to be disabled according to the provisions of the Americans with Disabilities Act (ADA) and is unable to return to his/her former position because of the disability, or b) is unable to return to their position due to a work related injury and now certified to return to other employment.
  4. Next, current bargaining unit employees requesting a transfer in the same classification and/or pay range as defined in Article 27, Section 5, in accordance with Section 6 of this Article on the basis of bargaining unit seniority.
  5. Next, current bargaining unit employees with at least five (5) years of continuous service, on the basis of bargaining unit seniority.
  6. Next, current bargaining unit employees within the department where the vacancy occurs in order of their departmental seniority.
  7. Next, current bargaining unit employees within the bargaining unit with less than five (5) years of continuous service in order of their total bargaining unit seniority.
  8. Next, a University employee who has passed an initial probation with the University and who has been determined to be disabled according to the provisions of the Americans with Disabilities Act (ADA) and is unable to return to his/her former position because of the disability but is now certified to return to other employment shall have the right to any vacant position for which s/he is qualified as determined by the employer.
  9. Next, a University employee who has passed an initial probation with the University and who has been injured on the job and is unable to return to his/her former position because of the injury but is now certified to return to other employment shall have the right to any vacant position for which s/he is qualified as determined by the employer.
  10. If no applicant is found in the groups described above (A through I), the Employer shall fill the position using its standard employment procedure which shall not disqualify bargaining unit employees from competing for selection if they apply between the 8th and last day of posting.

The Employer shall send the Union the name(s) and classifications of any employee(s) referred to fill a bargaining unit vacancy or shift opening, and the name(s) of employee(s) selected, on a bi‑weekly basis. Employees affected shall also be notified by the hiring supervisor within two (2) weeks of the hiring decision, and given the reason therefore.

The provisions of Section 2, Posting and Section 3, Applicant Consideration may be waived by written agreement between the Employer and the Union in order to return a bargaining unit employee or a former bargaining unit employee who is on Worker's Compensation or Unemployment Compensation, or a non-bargaining unit employee who has been determined to be disabled according to the provisions of the Americans with Disabilities Act (ADA) and is unable to return to his/her former position due to the disability, to a bargaining unit job.

Section 4. Assignment Change.

An assignment change is a change of an employee's assignment within the same classification, same department, and same shift, and shall not require a new probationary period. This procedure shall occur before a vacancy is posted or when no vacancy has been created, but it is necessary to reassign an employee. Temporary employees shall not be reassigned into permanent positions.

Employees shall inform the Supervisor in advance of the job posting, in writing, of their desire to be considered for another assignment. Such notice must be received prior to formal posting of the vacancy by Human Resources in order to be considered for reassignment. The assignment change requests will remain in effect for a one (1) year period.

The Employer shall inform employees at the time of initial hire of the assignment change procedure. The Employer shall post on the work area bulletin boards where they exist, or on department bulletin board where there are no work area boards, the assignment change procedure which follows:

When an employee leaves an assignment for any reason, and the Employer determines to fill the vacated assignment, the Employer shall do the following:

  1. Notify the department Union Steward in writing that a vacancy has occurred;
  2. Consider applicants for the vacant assignment who have expressed interest in reassignment;
  3. Reassign the employee with the most classification seniority who expressed an interest in the reassignment and who has the ability to do the job.

Assignment changes may be initiated by the Employer, however, such changes shall not be arbitrary or capricious.

Section 5. Transfers.

A transfer is a change of an employee from one position to another position having the same classification or a change between classifications having the same pay range:

  1. Within the same department;
  2. From one department to another department.

Section 6. Evaluation Period.

Employees who have been transferred or voluntarily demoted or promoted to a new classification shall have ten (10) working days, working in the work location, in which to evaluate the position and decide whether or not to return to the previously occupied position. If an employee returns to a previous position, the employee shall assume all seniority in the former classification.

Section 7. Changes Due to Reorganization.

If a cost center work location(s) is to be eliminated or combined, upon the request of the Union, the Employer shall convene a Labor Management meeting to work out a plan for the layoff process and/or for reassignment of the employees which considers employee choice, classification seniority and ability to do the preferred job.

Section 8. Trainee Positions.

The Employer shall have the right to establish training positions in classifications where needed. Such positions shall be posted and filled in accordance with this Article, and the posting shall include a description of the job and estimated duration of the trainee program. The duration of the trainee program shall not exceed the minimum experience and training qualifications normally expected of a fully qualified applicant, nor shall it exceed nine (9) months in duration.

Individuals hired for trainee positions shall be paid no lower than two (2) steps below the minimum step of the classification and may be granted increases as the employee progresses through the training period. After successfully completing training the employee shall be paid at least the minimum step for the classification and begin a probationary period in that classification. (see Article 14, Probationary Period, Section 2 for duration of the probation period).

Current employees who enter trainee positions shall remain in their current classifications until successful completion of the training program.