14.1 Definitions

14.1.1 Transfer – A change from one work site to another without a change in classification (job title).

14.1.2 Reassignment – A change from one position or classification to another without a change in work site.

14.1.3 Voluntary Transfer or Reassignment – An employee-initiated transfer or reassignment.

14.1.4 Vacancy – A position that is unfilled or unoccupied.

14.1.5 Promotion – A promotion is a raise in salary due to an increase in hours or placement in a higher position classification.

14.1.6 Administrative Transfer or Reassignment – A District-initiated transfer or reassignment.

14.1.7 Qualified – A unit member who has passed the applicable job skills test, met the minimum qualifications as stated in the job description, and who has received overall performance ratings of satisfactory or above on his/her recent work performance evaluations.

14.1.8 Work Day – A day on which the RUSD Office is open for business.

14.1.9 Bargaining Unit Applicant – A permanent classified employee.

14.2 Selection

14.2.1 The determination as to whether or not to fill vacancies through reassignment, transfer and/or promotion of currently employed personnel or through hiring and placement of newly hired personnel shall be at the discretion of the District. The final selection of the person to fill a vacancy is within the sole discretion of the District.

14.2.2 In the event there are four (4) or more qualified bargaining unit applicants, an interview process will be conducted prior to posting the vacancy outside unless preference is given to the candidate with seniority of District service based on date of hire.

14.2.3 If there are not four (4) qualified bargaining unit applicants when the vacancy is posted, a vacancy/testing opportunity will be advertised inside and outside the District. Should qualified bargaining unit applicants emerge as a result of the testing, up to eight (8) will be guaranteed an interview opportunity and will compete on an equal basis with all other candidates in the selection process. Once a unit member has passed a District test for a position, the test results will be maintained as qualifying until such time that the test has been changed, updated, or modified.

14.2.4 The bargaining unit applicant’s performance evaluations will be reviewed with the understanding that a satisfactory job performance rating in one (1) job classification does not guarantee success in a related or unrelated position classification. 42

14.2.5 Selection Criteria

In filling vacancies: skill, knowledge, abilities, work habits, job performance, and suitability for the position will be the factors considered.

14.2.6 Whenever the District solicits outside applicants for a vacancy and less than four (4) bargaining unit applicants are qualified, they will be afforded the option of competing on an equal basis with all other candidates in the selection process. If no outside candidate emerges as the preferred selectee and if there are no substantial distinguishing differences between candidates in relation to the criteria stated in 14.2.5, preference will be given to the candidate with seniority of District service based on date of hire.

14.3 Increase in Hours

If a vacancy at a given site is created which could result in an increase in hours for a unit member in the same classification at the same work site, that vacancy shall be posted at that work site prior to being posted for outside applicants. It shall be within the discretion of the District to determine whether or not to fill a vacancy.

14.3.1 A qualified applicant for an increase in hours will not be considered if:

14.3.1.1 The increase would interfere with the hours of the unit member’s current assignment.

14.3.1.2 The increase would result in more than an eight (8)-hour workday.

14.3.1.3 A qualified applicant for a position that would result in an increase in hours or days will not be considered if the increase would necessarily result in overtime as defined in Article 10.3.

14.3.2 After posting, the District-established application procedure will apply.

14.4 Procedures for Reassignment, Transfer and/or Promotion

Any employee covered by this Agreement shall have the privilege of applying for any vacancy subject to the following conditions:

14.4.1 Application for the vacancy – The written request to the Human Resources Office shall be made during the period of the posting of the vacancy. Vacancies shall be posted within the District for four (4) days prior to the distribution of vacancy notices outside the District. During this period, unit members shall be provided an opportunity to apply for positions in which they have interest and for which they are qualified. A person is deemed “qualified” if he/she has met the minimum qualifications as stated in the job description. One (1) copy of all postings shall be sent to RESPA site representatives at their work locations and to the Association President at his/her work location at the same time that such postings are sent to all District site/departments for posting.

14.4.2 The filling of an application for reassignment, transfer, or promotion is without prejudice to the employee and shall not jeopardize the present assignment. An application may be withdrawn by the employee in writing at any time prior to the official notification of selection.

14.4.3 It shall be within the sole discretion of the District to determine whether or not the vacancy shall be filled. No posted vacancy shall be permanently filled until five (5) workdays after the notice of vacancy has been posted. Notices will be posted within the District for four (4) days, and applications received from bargaining unit applicants and former employees on the thirty-nine (39) month reemployment list by the close of this four(4)-day period will be reviewed prior to the distribution of vacancy notices outside of the District.

14.4.4 Although no one will be denied the opportunity to apply for any vacancy, no applicant shall have the right to demand an interview if it has been determined by a review of the application that the applicant is not qualified and/or does not meet required selection criteria. Administrative consideration shall be given to all employees who submit properly completed applications for transfer to specific vacancies.

14.5 Notification

Within fifteen (15) days, except for emergency conditions, following completion of the selection process, the Human Resources Office shall notify each applicant, in writing, of the results with respect to the individual concerned.

14.6 District Initiated Reassignment/Transfers

14.6.1 Involuntary Reassignment/Transfer

A reassignment or transfer may be made at any time for any of, but not limited to, the following reasons:

14.6.1.1 A change of enrollment or workload necessitating reassignment or transfer of classified staff.

14.6.1.2 Improved efficiency of the District.

14.6.1.3 An opportunity to evaluate an employee in a different school or location.

14.6.1.4 Significant personality conflicts.

14.6.2 Vacancy List

A list of District vacant assignments within the unit member’s present position classification will be made available to each employee being considered for an involuntary transfer. An employee may request the positions, in order of preference, to which a transfer is desired.

14.6.3 Transfer Notice

A unit member affected by such transfer shall be given at least ten (10) working days notice prior to the effective date of the transfer.

14.6.4 Seniority

If there are two (2) employees or more at a site who are to be considered for transfer and all factors are reasonably equal, then the least senior employee based on date of hire with the District at that site shall be selected.

14.7 Procedures for Administrative Transfer and Reassignment

14.7.1 Permanent Transfer and Reassignment

Transfers or reassignments of bargaining unit members may be initiated by the District at any time, except for disciplinary purposes, whenever such transfer or reassignment is for good cause as determined by the District. The unit member to be transferred or reassigned shall be given notice as soon as administratively practicable, and a conference will be held between the appropriate management person and the unit member in order to discuss the reason for the transfer or reassignment. 44

14.7.2 Temporary Transfer and Reassignment

Nothing shall prohibit the District from making temporary transfers or reassignments when the unit member’s salary and benefits are not affected. A classified unit member who is assigned to a lower classification for the convenience of the District shall not receive a decrease in salary while serving in such assignment.

14.7.3 Employee Initiated Requests

A unit member with permanent status may request that the District consider an administrative transfer or reassignment within his/her current job classification.

14.8 Child Nutrition Services Vacancies

For Child Nutrition Services Worker I vacancies of under four (4) hours, a bidding process utilizing date of hire, for purposes of priority of selection, shall be implemented. Permanent unit members will have the opportunity to submit their names if they are interested in promoting to positions of greater work hours. In the event that two (2) or more unit members have the identical date of hire, the tiebreaker shall be by lot.