Office of Collective Bargaining > Labor Agreements > District 1199 > District 1199 Contract Table of Contents >
ARTICLE 9 - PROBATIONARY PERIODS
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This
is a labor agreement with annotations by the Office of Collective
Bargaining.
PLEASE NOTE:Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
9.01 Initial Probationary Period
All newly hired employees shall serve a probationary period of one hundred eighty (180) days, except where the Union agrees to classification specifications which indicate a probationary period of more than one hundred eighty (180) days.
A probationary period for any classification may be extended if mutually agreed to by the Employer and the Union. Dismissal during an initial probationary period shall not be grievable.
The probationary period for all employees in the Departments of Rehabilitation and Correction and Youth Services will commence when the employee completes the initial period of training at the Correction Training Academy or the Department of Youth Services Training Academy. Periods worked by such employees prior to attending such training shall be credited toward the probationary period.
9.02 Promotion, Demotion, and Lateral Transfer Probationary Period
A. Promotions and Lateral Transfer to a Different Classification
Any employee awarded a promotion or lateral transfer to a different classification as defined in Article 30 will serve a probationary period of one hundred eighty (180) days. During a lateral transfer to a different classification or promotional probationary period, the Employer maintains the right to place the employee back in the classification that the employee held previously if the employee fails to perform the job requirements of the new position. The agency's decision to return an employee whose performance is unsatisfactory to the position in the classification held immediately prior to promotion shall be grievable. The appointing authority shall, upon the employee's request, return the employee to a position in the classification held immediately prior to the promotion if there is a position available within the facility or when such a position becomes available. Such request must be made during the probationary period. If an employee is returned to a position in the classification title held prior to the promotion, the employee shall receive the same salary received prior to the promotion except for changes in pay rate that may have occurred or any step increase to which the employee would have been entitled in the lower classification title.
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Explanation: |
New language clarifies the right of the employer to place an employee back when the employee was a lateral transfer or promotional probationary period. These movements can only occur within an agency. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division. |
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Effective Date |
June 1, 2003 |
B. Lateral Transfer within the Same Classification or Demotion
Where a single classification involves work which varies substantially among different positions within the classification or where an employee is demoted as defined in Article 30, the Employer may require employees who are laterally transferred in the same classification or demoted to serve a trial period equal to one-half of the regular probationary period for the classification. During a lateral transfer or demotion trial period, the employee may elect to return to his/her previous position or, if the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may place the employee back in the position the employee previously held.
C. Inter-Agency Transfer
Employees who accept an inter-agency transfer pursuant to Article 30, shall serve an initial probationary period. If the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may remove the employee. The employee has the right to grieve such decision. The employee, at his or her option, may transfer leave balances except for compensatory time.
D. Cross-Collective Bargaining Agreement Rights
Employees who are in a classification outside of those covered by this Collective Bargaining Agreement and who accept a position in a classification covered by this Collective Bargaining Agreement shall serve an initial probationary period. If the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may remove the employee. The employee may not challenge such removal.
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Explanation: |
The new language defines inter-agency transfer and cross collective bargaining agreement rights. It establishes initial probationary periods for employees moving from one agency to another and from one collective bargaining agreement to another. Employees who are moving pursuant inter-agency transfer may grieve removal. This grievance right was included because 1199 members have vested rights to positions in other agencies. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division. |
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Effective Date |
June 1, 2003 |
9.03 Extension of Trial or Probationary Period
A longer trial or probationary period may be served by the employee if mutually agreed to by the agency and the Union.
Where an employee is on any type of leave for a period
of two weeks or longer, an employee’s trial or probationary period may be
extended for the duration of the absence. E.g. For example, disability leave, adoption/childbirth,
or any other leaves of fourteen (14) consecutive days or longer shall not
be counted toward the employee's original initial or promotional
trial or probationary period.