Article 12 - 14

1. "University seniority" is the employee's length of continuous service with the University from the employee's most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position.
2. An employee's seniority shall terminate:
   1. If the employee quits.
   2. If the employee retires.
   3. If the employee is discharged.
   4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee's intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail.
   5. When an employee is assigned out of the Bargaining Unit the following provisions will apply:
      1. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee's prior position without a loss of seniority at any time during the employee's probationary period.
      2. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee's probationary period, the employee shall be credited with the employee's prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit.
      3. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee's probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit.
      4. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights).
      5. This Agreement does not abridge Management's rights nor guarantee that the employee shall be returned to his or her prior position.
3. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications .
4. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee's position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last, based on the names registered with University Human Resources at the time of roster creation on March 1 and September 1.
5. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action.
6. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University.
7. For seasonal layoffs, the following provisions will apply:
   1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Baker University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable.
8. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff.
9. The University will lay off the employee with the least University seniority in a classification in a segment's classification series. (Classification series defined in Article 16- Classifications .)

10. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee's displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. 

    Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights.

11. An employee's displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights.
12. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee's intention to exercise the employee's displacement rights and to notify the University in writing of the employee's displacement selection. Failure to provide written notification of the employee' s intention/selection as specified above waives the employee's displacement rights.

13. Employees will be recalled to the classification from which they were laid off in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to five (5) years from the date of the layoff. However, after three (3) years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Recall rights are exhausted when the employee returns to the classification from which they were laid off, they reject a recall opportunity, or the recall period is expired. Displacing into, applying for and accepting, or bidding into a different classification than the one they were laid off, does not release recall rights.

    Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University's obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from the date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service. 

1. Supervisors (as defined by Chapter 4117 .0l(f) of the Ohio Revised Code) shall not, by performing their duties in any one of the departments covered by this Contract, displace or cause to be laid off, a regular employee from a regularly scheduled assignment.
2. Contract Employees will not assume the duties of employees covered by this Contract in such a way as to displace or cause the layoff of such employee.

A job vacancy subject to the following procedure exists when an employee of the University covered by this Contract retires, quits, transfers, or otherwise separates from an existing employment position at the University, when a new employment position is created by the University, and the University decides to fill such vacancy.

1. In-segment posting
   1. The University shall post in the segment wherein the vacancy occurs and deliver to the Union President a notice of vacancy which shall include: Classification, location of job, hours of work, pay range, and a brief description of duties and minimum qualifications. The in-segment posting period shall be five working days. Seniority refers to employees' University seniority.
   2. Employees bidding on the posted vacancy will be considered in the following order:
      1. The most senior employee in the segment who is in the same classification (lateral transfer) or a more senior employee in the classification series who wishes to demote will be selected. Part-time employees will not be permitted to laterally transfer into permanent full-time positions. Rather, such part-time employees will need to bid on and be awarded full-time positions as per Article 14. Employees may laterally transfer only once in any six month period. However, each time an employee enters a new classification and/or segment/department, the six month period begins again. Additionally, each employee may have one (1) special lateral transfer with no time requirements one time during the original term of this Agreement.
      2. If there is no lateral transfer or demotion as described above in (a), the most senior qualified employee will be selected. (To be considered qualified the employee must meet the minimum experience requirements listed on the posting and pass the required examinations).
      3. If there is no qualified employee within the segment, the University may proceed to a Bargaining Unit-wide posting.
      4. The procedure detailing in-segment postings outlined in 14(A) does not apply to Culinary Services. Culinary Services vacancies will be posted in-department, then bargaining unit-wide if no qualified employee exists in the department.
   3. Departments may post University-wide with varied hours and days off concurrent with the in segment/in-department posting to accelerate the filling of vacancies.
   4. Residential Dining Services Selection Process: This process will be utilized to meet significant changes in venue service levels (e.g. temporary closure for renovation, adding additional day(s) of service). Residential Dining Services will post available positions for the following semester by classification and schedule. The list of available positions will include location, work hours, and days off. Each Residential Dining Services Employee will select their assignment by classification by University seniority. For purposes of the selection process, Cook l's and 2's are considered the same classification. There will be no promotions or demotions permitted during this process. Such promotion or demotion shall occur through the posting process described in Article 14. Any remaining or new vacancies will be posted and filled as described in Article 14 .
2. University-Wide Posting--lf a job vacancy remains after completion of the procedure outlined in A, notice of the vacancy will be posted on designated University bulletin boards indicating that a vacancy exists. Details of the vacancy will be provided in the notice of vacancy.
   1. Vacancies will be posted for a period of seven (7) calendar days. Any eligible employee who is interested in the position should apply online. If employees are unable to apply online at a time other than during their regular working hours, the employee shall consult with their supervisors to schedule a mutually agreeable time to make application.
   2. The University will furnish a copy of the posting to the Union on the date of the posting.
   3. The position will be filled by the University on the basis of selecting the applicant with the greatest University-wide seniority who is qualified. (To be considered qualified the employee must meet the minimum experience requirements listed on the posting by providing verifiable documentation of experience and pass any applicable examinations.) Whenever possible, the position will be filled within fourteen (14) calendar days following the date of selection, absent an Agreement between the University and the Union.
   4. Following selection, the University will furnish the Union with posting information indicating the employees who bid, the employee selected and the seniority of the employees who bid.
3. All internal postings will be posted electronically and on bulletin boards and bid on electronically.
4. A vacancy may be filled on a temporary basis during the operation of the posting procedure by a temporary transfer. Unless mutually agreed upon by the parties, the temporary transfer will not last longer than thirty (30) calendar days.
5. Employees will be considered for internal job vacancies only after they have completed their initial prescribed probationary period. The prescribed probationary period may be lowered by up to one half, by mutual agreement, if there are no other qualified applicants within the Bargaining Unit. Employees who have not completed their initial probationary period that apply and meet minimum qualifications will be considered for vacancies posted to the public.
6. Part-time employees, other than part-time employees in Culinary Services, may only apply for full time vacancies during the University wide posting. Part-time employees in Culinary Services may apply for full or part-time vacancies within their classification series during the in- department posting.
7. The University will notify employees of any test required by each job posting. The University will have relevant reference materials available for employee use in preparing for tests.
8. Once an employee has accepted a permanent position, the employee will be considered in that position for all purposes under Article 14(A).

9. An employee on a Leave of Absence, other than a Family Medical Leave, may apply for and be considered for a posted vacancy if the employee has a return to work date within thirty (30) calendar days of the time the position is awarded.

   An employee on a Family Medical Leave may apply for and be considered for a posted vacancy if the employee has a return to work date within thirty (30) calendar days of the time the position is awarded or at the expiration of the employee's Family Medical Leave, whichever is longer.

   If the affected employee is awarded the position and is unable to return to work at the required time, the position will be awarded to the next senior qualified applicant who applied during the original posting period.

10. Temporary Transfer: Employees in Culinary Services may be temporarily transferred within the affected employees' departmental classification, due to operational needs of the University. In making temporary transfers, when practical, volunteers will be sought first from the transferring location, on the basis of seniority. In the event the number of volunteers is insufficient, the University will temporarily assign employees as needed.

    Temporary transfers may be used for varying spans of time for less than a shift up to 15 work days (120 hours) per calendar year. While temporarily transferred, an employee shall remain on the employee's original overtime roster but remain eligible to work overtime contiguous to the shift in the venue/department to which they are temporarily transferred. Contiguous overtime hours performed shall be applied to the overtime roster of the employee's home venue. 

    Departments will continue to use temporary postings as appropriate.