(a) COMPETITIVE ELIGIBILITY LIST: When a promotional competitive list has been certified to the appointing authority, the Division Head shall afford all the employees whose names are certified from the list an interview. When the Division Head does not intend to appoint the employee who is the first on the list, then the Division Head shall inform the employee in writing that they have not been selected, and when requested, the specific reasons in writing for the employee being bypassed. Priority for promotion may be given to the employee within the Division who is in a natural progression for promotion (e.g., Foreman to General Foreman, Supervisor to Superintendent, Engineering Associate to Professional Engineer, etc.), who has demonstrated the ability to perform the duties in the position to which he or she is to be promoted. The parties agree that the employee who is most qualified from within the Bargaining Unit of Local 2058 should be appointed.
(1) After certification by the Toledo Civil Service Commission, the City will provide the Union President with a copy of the competitive eligibility list for classifications within this Bargaining Unit.
(b) NON-COMPETITIVE ELIGIBILITY LIST: When a non-competitive list has been certified to the appointing authority, the Division Head shall afford all the employees whose names are certified from the list an interview. Where the Division Head does not intend to appoint the employee with the best structured interview, then the Division Head shall, in writing, inform the employee who ranked highest that they have not been selected. Priority for promotion may be given to the employee within the Division who is in a natural progression for promotion (e.g., Foreman to General Foreman, Supervisor to Superintendent, Engineering Associate to Professional Engineer, etc.), who has demonstrated the ability to perform the duties in the position to which he or she is to be promoted. When requested, the reason(s) for the non-selection shall also be provided. The structured interview results showing the ranking of those interviewed will be faxed or e-mailed to the Union President or designee prior to filling the position.
(1) It is the intention of this Article that employees, upon completion of the structured interview, will remain on the list, within that department, as rated in the initial structured interview, for twelve (12) months. Priority for promotion may remain in effect for the employee within the Division who is in a natural progression for promotion (e.g., Foreman to General Foreman, Supervisor to Superintendent, Engineering Associate to Professional Engineer, etc.), who has demonstrated the ability to perform the duties in the position to which he or she is to be promoted.
(2) If the eligibility list is extended for more than twelve (12) months, the original structured interview results may be used or new structured interviews may be conducted. Informational interviews may be conducted after the original structured interviews.
(3) Employees may update their files with the Division Head and Human Resources at any time.
(c) Any employee who was bypassed shall have the right to appeal directly to Step Two of the grievance procedure, Section 2105.18 for a determination as to the adequacy of the reason(s) for their non-selection. The employee shall file his grievance within six (6) workdays after having been informed of the fact that he will be bypassed.
(1) Only Local 2058 may decide to appeal a dispute to arbitration.
(2) When the employee has filed a grievance under this section, the position shall not be filled until the action of the Division Head has been reviewed through the grievance procedure.
(d) An employee promoted to a higher classification as a result of certification from any promotional list, who is found to be unsuited for the work of the new classification or who desires to return to his former position during the three hundred sixty (360) actual work hours probationary period, shall be reinstated to their former position. If the employee's former position has been filled, the employee filling that position may be removed and reinstated to their former position, and so forth, with no loss of seniority.
(e) Where a permanently certified employee in the classified service is promoted to a position in the exempt or unclassified service then the employee shall retain his rights in the Local 2058 Bargaining Unit, subject to his return under Section 2105.37, "Vacancies".
(f) In the event an employee is terminated from his or her position in the exempt or unclassified service, then their name may be placed on the eligibility list for appointment for any position or positions in the Local 2058 Bargaining Unit they are qualified for and they may be considered for appointment to the next vacancy which occurs, subject to Section 2105.37, Vacancies.
(g) The employer shall give notices to the President or designee of the Bargaining Agent of all such promotions.
(h) Provisional appointments shall only be made in the absence of an eligibility list. The employee determined most qualified from among all qualified employees within the Unit, Division, Department or Agency in the next lower classification may be appointed to that position until an eligibility list is established.
(1) When an employee has successfully completed a three hundred sixty (360) actual work hour probationary period, said employee shall become a permanent appointee in the classified service.
(A) When the provisional employee is finally certified to the position, the employee's accrued seniority for the duration of time spent as a provisional employee shall be counted as the employee's seniority date.
(2) Selection of provisional appointees shall occur utilizing a structured process. Selection criteria shall include seniority, experience, work record/performance, attendance, disciplinary record, education/training, and demonstrated ability to perform the job.
(A) All things being equal, the most senior employee shall be appointed.
(3) Employees bypassed for selection more senior than the selected employee shall be informed in writing by the Division Head of the reason(s) they were not selected. The bypassed employee may appeal directly to Step Two of the grievance procedure, Section 2105.18 for a final determination as to the adequacy of the reason(s) for the non-selection.
(A) Said appeal must be filed within six (6) workdays of notification of the bypassing.
(B) Appointment to the position shall not occur until a determination has been rendered through the aforementioned grievance process.