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ARTICLE 30 - VACANCIES

30.01 Job Vacancies

A vacancy is defined as an opening in a full-time permanent or part-time permanent position in the bargaining unit which the agency has determined is necessary to fill and does not include those positions identified through mutual agreement between the union and the agency as being subject to reorganization, changes in appointment category (type), or a movement that constitutes a demotion.

When a vacancy is created by an incumbent employee leaving the position, and that incumbent is above the entry level position in the classification series, the job shall be posted at the level in the classification series of the leaving employee, provided the duties and responsibilities remain the same.  After the employees have had the opportunity to bid for lateral transfers or for promotions, the position can be reduced in the classification series.

When a vacancy will be created by an incumbent employee leaving a position, the agency may post the vacancy and interview and provisionally select a candidate anytime after receiving notice that the position will be vacated.

A job vacancy shall be posted for a minimum of seven (7) days on designated bulletin boards within the agency at the facility where the vacancy exists.  Applicants will be notified of the final determination within thirty (30) days after the selection for a position.

Applications for posted positions may be filed electronically by using the DAS On-Line Employment Application Process (OLEAP).

Any employee who desires to be considered for a position(s) in another agency(s) shall submit an Ohio Civil Service Application (ADM-4268) to the appointing authority of the agency or institution where employment is sought.  Such application shall specify the desired classification(s) and work site(s).  These applications will be maintained on file for one (1) year from the date of receipt by the appointing authority.  If a posted vacancy is not filled pursuant to steps A and B as outlined in Section 30.02 of this Article, any applicant meeting qualifications for this position shall be considered pursuant to Section 30.02, step C of this Article.

The Employer shall prepare and make available a booklet detailing the classifications available in various agencies, including a listing of the appointing authorities to which applications are to be sent.

Notice of newly-created classifications shall be provided to the Union's central office thirty (30) days prior to initial posting.

The Employer is currently developing a process to permit individuals to file an electronic application for a posted vacancy.  The Employer may implement this process in addition to the current process during the term of this Agreement.  The Union will be provided a reasonable notice and an opportunity to comment prior to the implementation of such a program.  Application processes shall not be changed without mutual consent.

30.02 Awarding the Job (Transfers and Promotions and Demotions)

"Lateral transfer" is defined as employee requested movement to a posted vacancy which is in the same pay range as the classification the employee currently holds.

“Promotion” is the movement of an employee to a posted vacancy in a classification with a higher pay range.  A higher pay range is defined as a pay range in which the first step or the last step has a higher pay rate than the first or last step of the pay range to which the employee is currently assigned.

“Demotion" is defined as the movement of an employee to a vacant position within a classification covered by the terms of this Agreement pursuant to the provisions set forth for the filling of a vacancy, to a lower pay range only within the employee’s current Agency.  A lower pay range is defined as a pay range in which the first step has a lower rate of pay than the first step of the pay range to which the employee is currently assigned.  Should the employee be selected for an inter-agency transfer to a position in a lower pay range than that currently held, the employee shall be placed in the step closest to but not to exceed the step currently held by the employee.

“Inter-Agency Transfer” is defined as an employee-requested movement to a posted vacancy in a different agency.  Should the employee be selected for an inter-agency transfer to a position with a higher pay range than that currently held by the employee, the employee shall be placed in the step to guarantee an increase of approximately four percent (4%).  Should the employee be selected for an inter-agency transfer to a position in the same pay range currently held by the employee, the employee shall be placed in the same step of the pay range.  If the agency has a Memorandum of Understanding (MOU) regarding pay, it shall take precedence over this section.

Employees in classifications not covered by the terms of this Agreement may not be demoted into a classification covered by the terms of this Agreement without the agreement of the Union.  This does not include employees in the unclassified service in classifications not covered by the terms this Agreement who may be placed into a position covered by the terms of the Agreement where such unclassified status is revoked consistent with civil service law.

Applications will be considered filed timely if they are received or postmarked no later than the closing date listed on the posting. Applicants must clearly demonstrate on the application how they possess the minimum qualifications for the position.  Failure to do so will result in the application being screened out and rendered ineligible for further consideration.  All timely filed eligible applications shall be reviewed considering the following criteria:  qualifications, experience, education, and work record,. and affirmative action.  Employment diversity may be a factor in the selection.  The Employer maintains the right to administer a test or instrument to measure the listed criteria.  Among those that are qualified the job shall be awarded to the applicant with the most state seniority unless a junior employee is significantly more qualified based on the listed criteria.  The Union may challenge the validity of the test or instrument as part of a non-selection grievance.

The Employer and the Union agree, through each Agency Professional Committee to review and discuss the agency's approved affirmative action EEO Strategic plan annually prior to submission to EEO State EOD.  Such plans shall include specific hiring goals where necessary an employee diversity analysis.

Job vacancies shall be awarded in the following sequential manner:

A.     The job shall first be awarded to a bargaining unit applicant working at the facility where the vacancy exists in accordance with the above criteria.

B.     If no selection is made from A above, the job shall be awarded to a bargaining unit applicant working in the agency where the vacancy exists in accordance with the above criteria.

C.     If no selection is made from B above, the job shall be awarded to an applicant working in the bargaining unit in accordance with the above criteria.

D.     If no selection is made from C above, the job may be awarded by hiring a new employee.

Within non-institutional agencies and within the Adult Parole Authority, step A above shall not apply.

This Agreement supersedes Ohio Civil Service Laws and Rules regarding eligibility lists for promotions.

Employees serving in a trial or probationary period shall not be permitted to bid on job vacancies.

An employee shall be permitted to bid on a job vacancy while receiving disability leave benefits, but shall not be eligible to fill the vacancy unless the employee is available to participate in the selection process and available to assume the position on the designated start date.