2105.42 Alternates
   (a)   An alternate is an employee who is temporarily assigned to perform duties outside the employee's regular classification. An alternate may be temporarily assigned under the following circumstances:
      (1)   To replace an employee who is off for any reason;
      (2)   To fill a vacant position pending the making of a provisional or permanent appointment;
      (3)   To temporarily supplement the staffing level authorized in the budget, not to exceed one hundred twenty (120) work days; provided, however, the union shall be given written notice of such supplemental staffing and the projected time frames for same. Upon mutual agreement with the union regarding special projects, the 120 workdays will not be applicable.
      (4)   To provide training opportunities and credit as prescribed by the education and training program.
   (b)    For alternate appointments within Local 2058 to Local 2058 positions:
   In the event an alternate is needed the City may choose among those employees in the next lower classification/salary group with alternate paperwork submitted for approval and willing to accept the appointment. Consideration shall be given to seniority, experience, work record/performance, attendance, disciplinary record, education/training, demonstrated ability to perform the job and divisional training needs. Employees bypassed for selection more senior to the employee selected may request to be informed of the reason(s) they were not selected by the person making the selection. They may appeal the determination to the Department of Human Resources for a final determination as to the adequacy of the reason(s) for the bypassing. Said appeal must be filed within three (3) work days of notification of the bypassing.
   If there is no eligible qualified employee(s) in the next lower classification/salary group with alternate paperwork submitted for approval willing to accept the appointment, or if for training purposes, the City may appoint an employee as a conditional alternate for training purposes. Consideration shall be given to seniority, experience, work record/performance, attendance, disciplinary record, education/training, demonstrated ability to perform the job and divisional training needs. Employees bypassed for selection more senior to the employee selected may request to be informed of the reason(s) they were not selected by the person making the selection. They may appeal the determination to the Department of Human Resources for a final determination as to the adequacy of the reason(s) for the bypassing. Said appeal must be filed within three (3) work days of notification of the bypassing. A conditional alternate cannot be used in lieu of a fully qualified alternate for more than a single six (6) month training period.
   (c)    For alternate appointments from Local 7 to Local 2058 positions:
   In the event an alternate is needed the City may choose among those employees in the next lower classification/salary group with alternate paperwork submitted for approval and willing to accept the appointment. Consideration shall be given to seniority, experience, work record/performance, attendance, disciplinary record, education/training, demonstrated ability to perform the job and divisional training needs.
   (d)    The divisions shall maintain a record of alternate time served by each employee. The division shall also document training programs attended by employees sponsored or provided by the City. The employee shall be responsible for updating their Human Resource file regarding attendances at such programs where applicable to meet minimum requirements for promotions into various classifications.
   In selecting alternate appointees, consideration shall be given to seniority, experience, work record/performance, attendance, disciplinary record, education/training, and demonstrated ability.
   (e)    If the established eligibility list is non-competitive, the above procedure shall be followed.
   (f)    In the absence of an eligibility list, the above procedure shall be followed.
   (g)    If there is no eligible employee within the immediate lower classification, the above procedure shall be followed.
   (h)    In the event that there are no employees in Local 2058's Bargaining Unit, within the Unit or Division(s), who are qualified and willing to perform as an alternate, the above procedure shall be followed.
   (i)    When an employee is worked as an alternate, the employee shall be paid at the alternate rate of the position worked for a single compensated day off, providing the employee worked in the alternate position for three (3) of the five (5) work days immediately preceding the single compensated day off. The employee shall be paid at the alternate rate of the position worked for more than a single compensated day off up to a maximum of sixty (60) days, providing the employee worked in the alternate position for six (6) of the ten (10) work days immediately preceding the compensated days off and has not already been compensated for such time at the higher alternate rate of pay. If the employee worked continuously as an alternate for more than sixty (60) workdays, then the employee shall be paid at the alternate rate for the number of days actually worked for days off up to one hundred twenty (120) workdays.
   (j)    If an appointment list (i.e., competitive, non-competitive, provisional or recall) has been issued to a division as provided for under "Vacancies", Section 2105.37, for a position temporarily filled by an alternate and the division has failed to fill the position within ninety (90) days of receipt of an appointment list, the Union may present this delay in filling the position at the labor/management meetings, Section 2105.35. If the matter is not resolved through the labor/management, the Union may, within twenty (20) days following the labor/ management meeting, proceed to expedited arbitration, Section 2105.18, over the delay in filling the position.
      (1)    If the arbitrator determines the delay in filling the position was without merit, the division will pay the Union the equivalent in Union dues for the salary group of the classification at issue for each successive month from the issuance of the appointment list.