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ARTICLE 7
FILLING VACANT POSITIONS
Section 7.01 - General Provisions
The Parties agree that the following provisions respecting the
filling of vacant bargaining unit positions shall be applicable
in addition to other Employer-promulgated procedures to the
extent that such procedures do not conflict with the provisions
herein. The provisions herein shall become effective on January
1, 1998 and shall be applicable to all Job Postings conducted for
the purpose of filling vacant bargaining unit positions. The
provisions of the previous Agreement between the Parties shall be
applicable to the administration of all Job Postings conducted
prior to January 1, 1998 and to all Requisition Lists then in
effect.
Section 7.02 - Job Postings and Applications
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Subd. 1. Job Postings
Job Postings, when offered, shall be posted for a period of
not less than ten (10) calendar days. The Job Posting shall set
forth the title, salary, nature of work to be performed, minimum
qualifications, the place and manner of making applications and
the closing date applications will be received. The Employer may
establish a definite or an indefinite closing date for the filing
of applications. If the Employer has established an indefinite
closing date, it must notify employees of any fixed closing date,
later determined, by a posting adjacent to the originally posted
Job Posting. An applicant's eligibility for promotion begins on
the date their name was added to a Requisition List. Job Postings
for newly created positions and/or for positions for which the
title, salary, nature of work to be performed and/or minimum
qualifications are materially different from the Job Postings
previously used, shall not be finalized by the Employer until the
affected Union representative has had an opportunity to review
the proposed Job Posting and provide the Union's input into the
Job Posting development process. A copy of the Job Posting in its
final form shall be furnished to the Union at least seven (7)
calendar days prior to its approval.
Subd. 2. Stated Qualifications
The minimum qualifications set forth in the Job Posting shall
be related to the job duties of the involved position and shall
include applicable education, training, experience, skills and
abilities required. Such minimum qualifications shall not,
however, include artificial and/or irrelevant time-in-grade,
promotional line and/or grade level requirements.
Subd. 3. Application for Promotion
Employees who have successfully completed their initial
probationary period may make application for any Job Posting
provided they meet the minimum, stated qualifications for the
involved position; provided, however, that employees who have
failed a promotional probationary period in a classification
shall not be permitted to take an examination for promotion to
that classification within twelve (12) months of the date of such
failure.
Subd. 4. Job Postings
The Employer may, in its discretion, conduct an External Job
Posting (i.e., one which includes employee and
non-employee or outside applicants) in the event there
are fewer than seven (7) internal applicants who meet the stated
minimum Job Posting requirements for positions below grade level
seven (7) or fewer than ten (10) such internal applicants for all
other positions. In such cases, all internal qualified applicants
shall be permitted to take the required examination and in all
cases, the Employer may advertise an open position internally and
externally simultaneously and a maximum of seven (7) outside
applicants may be tested. For purposes of this article,
applicants from the Minneapolis Library Board, the Minneapolis
Board of Education and the Minneapolis Park and Recreation Board
shall be considered as "outside" applicants.
Section 7.03 - Examination of Qualified Applicants
Subd. 1. Examination Times
When an employee is scheduled to take a Minneapolis Civil
Service promotional examination in his or her promotional line
during his or her regular scheduled hours of duty, the Employer
shall grant time off to take the examination when reasonably
possible.
Subd. 2. Testing
All applicants who meet the minimum stated qualification
requirements for the Job Posting may be tested. The Employer may,
however, at its discretion, limit the number of applicants to be
tested on the basis of the applicants' City seniority and on the
basis of an objective review of each applicant's relevant
education, training and experience, i.e., an application
review and/or on the basis of successive testing limitations
subject to the following provisions:
a. If seniority/application review limitations apply, an equal
number of applicants shall be selected on the basis of seniority
and application review, respectively.
b. If successive testing limitations apply, tested applicants
shall be selected for further testing on the basis of their
actual test scores and the highest scoring applicants only shall
be further tested.
c. If either of the testing limitations described above are to
be used, the details of the limitation(s) shall be outlined by
the Job Posting referred to in Section 7.02, Subd. 1 of this
article.
When utilized, the Employer may elect to test all or any
percentages of the applicants for any given Job Posting on the
announced basis.
Subd. 3. Examination Scores
Applicants shall receive a total examination score, the
components of which shall be weighted as follows:
a. Eighty percent (80%) of the total examination score shall
be based upon the results of each applicant's test score(s). Such
tests shall be developed by the Employer and may consist of more
than one component.
b. Twenty percent (20%) of the total examination score shall
be based upon each applicant's relative seniority standing with
the Employer.
In the event an internal applicant is tested pursuant to an
External Job Posting, one hundred percent (100%) of the total
examination score shall be based upon the results of the
applicant's test score(s).
Section 7.04 - Eligibles and Requisition Lists
Subd. 1. Passing Score
Each applicant whose 1) total examination score and 2) test
score(s) as defined in Section 7.03, Subd. 3 of this article
equals or exceeds seventy percent (70%) shall be considered to
have passed the examination. There is no passing score
for the seniority component.
Subd. 2. Requisition List - Job Postings
The names of those applicants who have passed an examination
shall be placed on a Requisition List in descending order of
their total examination scores in addition to any Veteran's
Preference points, if applicable. In the event two (2) or more
eligibles hold identical total examination scores, their names
shall be placed on the Requisition List in random order; however,
the names of veterans shall always be placed over the names of
non-veterans who hold identical scores.
Subd. 3. List Expiration
The staffing division of the Human Resources Department shall
inform applicants of the length of their eligibility by stating
it on the job posting and/or by letter.
Section 7.05 - Affirmative Action Considerations
The Employer may certify to the appointing authority
additional eligibles who are women, minorities, and/or members of
other protected classes which are underutilized with respect to
the involved job category for Job Postings other than
promotional. Before implementing such expanded
procedures for Job Postings, however, the Employer shall first:
a. Reach findings of fact that under-utilization of women,
minorities and/or other protected classes in a given job category
exists and form conclusions that such under-utilization has been
caused by past discriminatory employment practices and that
insufficient progress is being made toward the attainment of the
Employer's Affirmative Action goals.
b. Serve the findings of fact, conclusions and decision to
expand the normal certification procedure on the Union.
c. Allow a twenty (20) calendar day waiting period to elapse
prior to any certification of eligibles pursuant to this
subdivision. The Union shall have the right to file a grievance
under the provisions of Article 4 of this Agreement during the
twenty (20) day waiting period. Grievances, if filed, shall be
filed with the Employer's Director of Labor Relations and may be
advanced to the arbitration step if requested by the Union within
thirty (30) calendar days thereafter.
Section 7.06 - Selection of Certified Eligibles
The seven (7) highest scoring eligibles on a Requisition List
shall be certified to the appointing authority for selection on
promotional examinations. On External Job Postings, the three (3)
highest scoring eligibles from the bargaining unit will be
certified to the appointing authority for selection along with
any of the eligibles on the eligibility list which may be
certified to the appointing authority for selection. In the event
the expanded certification procedures outlined by
Section 7.05 of this Agreement are in effect, up to three (3)
additional eligibles who are women, minorities and/or protected
class members may be certified to the appointing authority for
selection. Any of the eligibles certified to the appointing
authority may be selected to fill the vacant position. The name
of the eligible selected shall be removed from the Requisition
List.
Section 7.07 - Probationary Periods
An eligible selected to fill a vacant position shall serve an
initial or promotional probationary period as applicable. All
initial probationary periods shall normally be twelve (12) months
in duration and all promotional probationary periods shall be
three (3) months in duration provided that promotional
probationary periods may be extended for up to an additional
three (3) months upon prior notice to the involved employee with
a copy to the Union. An employee may be removed from the position
at the discretion of the appointing authority. Such removal shall
not be subject to the grievance/arbitration provisions of this
Agreement. Removal during an employee's initial probationary
period shall result in termination of employment. An employee
removed during a promotional probationary period, however, shall
have the right to return to a vacant position in his/her previous
classification or, if none is available, to his/her previous
position. For purposes of this section, one (1) month shall be
deemed to be one hundred seventy-four (174) hours of work. Time
spent in temporary duty in the position immediately preceding the
appointment shall count toward satisfaction of the probationary
period, benefits eligibility (without retroactivity), and pay
progression requirements.
Section 7.08 - Job Reevaluation and
Reclassification
When a position is reclassified as a result of gradual changes
over a period of time in the kind, responsibility, or difficulty
of the work performed in the position, no vacancy shall be deemed
to have been created. Upon reclassification, the incumbent
employee shall be appointed to the reclassified position. The
provisions of this section shall apply only to the incumbent
employee who has been permanently certified to the involved
position. The effective date of the reclassification for pay and
seniority purposes shall be the date upon which the involved
employee submitted a properly completed request for
reclassification to the Employer's Human Resources Department
with a copy to the involved Department Head or Manager.
Section 7.09 - Lateral Transfers
Employees may request to be transferred to a vacant position
within their classification in another division of the Public
Works Department and may be transferred pursuant to such request
with the written approval of their division head, the involved
appointing authority and the Employer's Director of Labor
Relations. Such transferred employees shall serve a three (3)
month probationary period in the new position. If removed by the
appointing authority during the probationary period, the involved
employee shall be reassigned to a vacant position within the
classification or, if none is available, to their previous
position.
Section 7.10 - Permits and Details
The Employer may select employees for temporary duty in other
classifications and/or positions (details) and/or
utilize temporary employees (permits) for periods not to
exceed the length of an incumbent employee's absence or six (6)
consecutive calendar months, whichever is longer. Such
limitations shall not be exceeded except by the express written
mutual agreement between the Parties.
Section 7.11 - Maintenance Transfer Lists
Seasonal Construction and Maintenance Laborers will be offered year round opportunities in the Bridge, Sanitation, Sewer, Traffic and Water Divisions based on classification seniority from the Master Transfer List as administered by Human Resources. Seasonal Construction and Maintenance Laborers will be offered year round opportunities in the Street Division based on the order in which they appear as of January 1, 1997 on the Street Only Transfer List as administered by Human Resources. Once the current Street Only List has been depleted, all year round opportunities will be offered from the Master Transfer List. The Employer agrees to meet and confer with the Union before making changes to the administration of the Master Transfer List once established