(a) When a promotional competitive list has been certified to the City, the Division Head shall afford the employees on the list an interview. When the Division Head does not intend to appoint the employee who is first on the list, then the Division Head shall inform the employee of his not having been selected, and where requested, the reason for being bypassed. It is the intent of the parties that the employee who is first on the competitive promotional eligibility list should be appointed.
(b) Non-competitive and continuous lists
(1) The city may create non-competitive promotional and continuous eligibility lists for any Local 20 classifications.
(2) Non-competitive promotional eligible lists shall be comprised of Local 20 applicants who respond in a timely manner to an announcement for the classification and qualify as determined by the Department of Human Resources. City employees in lower salary groups may apply. The names of applicants who qualify under the provisions of this section shall be placed on the list by City seniority without a grade or ranking and the entire eligibility list shall be certified to the Division. Lists shall remain in force for six (6) months from the date of establishment unless extended by the Department of Human Resources for additional six (6) month periods. When fewer than three (3) names remain on a list, the City may declare the list expired.
(3) Continuous eligible lists shall be comprised of Local 20 applicants who apply during the pendency of the list and qualify as determined by the Department of Human Resources. City employees in lower salary groups may apply. The names of Local 20 applicants who qualify under the provision of this section shall be placed on the list by City seniority without a grade or ranking, and the entire eligible list shall be certified to the division. Applicants' names shall remain on the list for two (2) years from the date of their placement on the list. When fewer than three (3) names remain on a list, the City may declare the list expired.
(4) (i) The employee who is determined the most qualified to do the work from among the three (3) most senior employees on the eligibility list in the next lower classification in the unit shall have the right to be appointed to that position. If there are not at least three (3) eligible employees within the immediate lower classification, then the most senior from the next lower classification who is/are on the eligibility list shall be included for consideration to provide for selection from among three (3) candidates. If there are no employees on the list in the next lower classification below the vacancy, then the employee(s) determined most qualified to do the work from among the three (3) most senior employees on the eligibility list in the next lower classification(s) shall have the right to be appointed to that position and so forth until there are not at least three (3) within that unit eligible for appointment. Seniority for purposes of consideration from within the unit shall be unit seniority.
(4) (ii) If there are fewer than three (3) eligible employees within that unit, then the employee(s) with the most classification seniority who is/are on the eligibility list from the division in the next lower classification(s) from the vacancy shall be included for consideration to provide for selection from among three (3) candidates. So long as one of the candidates is from within the unit in which the vacancy exists, unit seniority shall be the seniority used. If there are no employees on the eligibility list from within the unit, then the employee who is determined most qualified from among the three (3) employees on the list with the most classification seniority within that division, in the next lower classification, shall have the right to be appointed to that position. If there are not at least three (3) eligible employees within the immediate lower classification, then the most senior employee(s) on the eligibility list from the next lower classification with the division shall be included for consideration to provide for selection from among three (3) candidates and so forth until there are not at least three (3) employees within that division eligible for appointment.
(4) (iii) If there are fewer than three (3) eligible employees with the division, then the candidate(s) with the most City seniority on the eligibility list shall be included for consideration to provide for selection from among three (3) candidates. So long as one of the candidates is from the division in which the vacancy exists, classification seniority shall be the seniority used. If there are no employees on the eligibility list from within the division, the employee who is determined most qualified from among the three (3) employees on the list with the most City seniority shall be appointed.
(5) In the event that there are fewer than three (3) names on the non-competitive promotional eligibility list or continuous eligibility list and the list is expired by the City, or the list has not been extended, then the City must exhaust the provisional appointment process under Section 2121.38 (Provisional Appointments) and the remainder of the priorities set forth in Section 2121.45 (Vacancies) prior to utilizing a recruitment list.
(c) When names from a non-competitive recruitment or a competitive recruitment list have been certified to the division, first consideration shall be given to bargaining unit members whose names are certified to the division from the list. When the Division Head does not intend to appoint a bargaining unit member and at least one member has been certified to the division from the list, then the Division Head shall inform the employee(s) of his/their not having been selected, and where requested, the reason for being bypassed.
(d) The employee who was bypassed under either (a), (b) or (c) then shall have the right to appeal the action of the Division Head in not appointing the employee through the grievance procedure established herein. The employee shall file a grievance within three (3) work days after having been informed of the fact of being bypassed.
(e) When the employee has filed a grievance under this section, then the position shall not be filled permanently or provisionally until the action of the Division Head has been reviewed through the Department of Human Resources level of the grievance procedure.
(f) An employee promoted to a higher classification as a result of certification from a promotional list, who is found to be unsuited for the work of the new classification, or who desires to return to the former position during the thirty (30) work day probationary period, shall be reinstated to that former position.