Article 35

Shift and Work Location

Section One. (a) Conservation Enforcement Officers, Environmental Protection Parks and Recreation Supervisor 1,2 and 3, Environmental Protection District Fire Control Officer, Environmental Protection Maintainers. When there is a vacancy in any Region, the employer shall post all permanent vacancies in each Regional office at least two (2) weeks prior to filling the vacancy.

(b) Vacant Shift Assignments. When there is a vacant shift position in any agency, department or work location, the employer shall post all permanent vacancies in such agency, department or work location for eligible employees at least ten (10) days prior to filling the vacancy. This provision shall not preclude advance written request for shift transfer.

(c) All Protective Services Employees. Any employee may request, in writing, a transfer to a specific shift or work location in any classification in which he/she has attained permanent status. The request must be submitted to the employee’s immediate supervisor who shall forward it without

delay to the appropriate agency authority. The Agency authority shall maintain a file of all transfer requests. Normally, a request for transfer shall not be considered where an employee has been granted a prior transfer request within the previous twelve (12) month period or has less than twelve (12) months service in the bargaining unit.

Section Two. When a vacancy is to be filled, the agency will review the qualifications and work records of employees seeking lateral transfer to the shift or work location where the vacancy exists. Of those applicants who are equally qualified for the vacancy, preference will be given to the employee with the greatest seniority in that classification.

Section Three. This Article shall not be deemed to limit the agency’s right to fill a vacancy by some other means other than lateral transfer when the need for training, operational efficiency, staffing and service requirements, need for special skills or background, or compliance with Federal or State programs so dictate. The Union or the most senior qualified employee who has requested transfer to the vacancy, if adversely affected, shall be given a written explanation, if so requested. The Union may grieve concerning unreasonable denial to qualified transfer applicants.

Section Four. An appointing authority wishing to transfer an employee who has not volunteered for such transfer shall notify the employee in writing, and, except in an emergency, shall provide at least two (2) weeks advance notice. To the extent practicable, involuntary transfers shall be made on the basis of inverse seniority.

Section Five. In all other matters of transfers not superseded by this Article, the current practice will remain in force.


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