contract between the city of cleveland local 100, afscme ohio council ...

[g] Ties in seniority:
Ties in job classification seniority shall be broken by determining which employee has
the most City seniority. Ties in City seniority shall be broken by lottery with the Union
representative present.
103. If no applications are received, or if the vacancy has not been filled after the above
procedures have been exhausted, the City may hire a new employee who is qualified.
104. If the award results in a promotion, the employee shall receive the next highest step on
the new wage and salary schedule for his job classification or a five percent (5%) wage increase
or placement at the bottom of the job classification pay band, whichever is greater, but in no
event shall this increase exceed the top of the pay band for this new job classification. If the
award is non-promotional, the employee shall continue to receive his same rate of pay or if the
top rate of the pay band for his new job classification is lower than his current rate of pay, he
shall be placed at the top rate of the new pay band.
105. An employee selected to fill a vacancy in a classification other than his own shall be
given a reasonable period of time not to exceed ninety (90) calendar days to prove he is able to
hold such job on a regular basis. If the employee cannot prove his ability within that period of
time, or if the employee is suspended for attendance-related misconduct during that period of
time, he will be returned to his former job classification and rate of pay. Employee may return to
a vacant position in his/her former job classification and at his/her previous rate of pay
voluntarily during the ninety (90) calendar day period.
106. In order to provide continuity of service while filling a job opening, the City shall have
the unrestricted right, pursuant to the temporary assignment provisions of the Contract, to fill
openings and make transfers on a temporary basis pending the selection of employees, including
completion of the qualification period, for a job under these provisions.
107. No employee shall be eligible for promotion who has not satisfactorily completed the
required probationary period. An opening created as a result of this promotion or the lateral
transfer provisions shall be filled based upon management's operational needs.
LATERAL TRANSFERS, SHIFT AND WORKWEEK PREFERENCE
108. A qualified employee may exercise his job classification seniority for the purposes of
transferring within his job classification from one job assignment to another, or from one
location to another, or from his present shift or work week to another shift or work week, when
an opening occurs within his job classification or to a new job, if one is established within his job
classification. Ties in job classification seniority shall be broken in the same manner outlined in
Paragraph One Hundred Two [g] (1 02g) of the Contract.
1 09. An employee who requests a lateral transfer, change of shift or change of work week
under these provisions must make an advance written application, prior to the vacancy occurring,
on forms provided by the City, with a copy provided to the employee and to the Union. With
respect to a new job established within an existing job classification. application can be made at
the time of the job posting. An employee ·s preference shall supersede the job posting provisions
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