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Article Thirteen — Vacancies

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13.1 Posting.

When a job vacancy in the bargaining unit exists, VNSNY Home Care shall post a notice of such opening in each Region/Program office for at least five (5) workdays and an Employee who desires to bid on the position shall do so in writing in the manner and within the time period specified in the notice.  If an Employee, with VNSNY Home Care's approval, voluntarily changes the number of his or her scheduled days of work or his or her hours of work, such changes alone shall not constitute a new position requiring posting.

An Employee who prepares and submits to his/her supervisor a Request For Transfer Form with regard to a posted job vacancy, will receive an Employee Copy signed by the Employee’s Supervisor within ten (10) workdays.

13.2 Promotions.

.  An Employee promoted outside the bargaining unit shall not have seniority exercisable in the bargaining unit while in such non-bargaining unit position, but if such individual subsequently loses his or her promotion job and is hired to fill a bargaining unit vacancy by the Employer, such Employee shall upon such employment (subject to the normal probation period for new Employees) have the seniority he or she had at the time of the promotion, including seniority in the promotion position for benefit purposes.

13.3 Lateral Transfers.

13.3.1 Voluntary Transfers.

Where a vacancy occurs in a bargaining unit position in another Region/Program, after or in conjunction with adjustments within that Region/Program by the Regional Administrator or Department Head, as applicable, or designee, as provided in Section 13.3.4, below, any Employee in another Region/Program with a satisfactory work record and with at least one (1) year of service (six (6) months in the case of the transfers between health areas as designated by the Employer on a consistent basis in a Region/Program) in his or her present Region/Program (or six (6) months' service in the discretion of that Region/Program's Regional Administrator or Department Head, as applicable, or designee, or if the Employee was involuntarily transferred to that Region/Program) may request in writing a transfer to fill such Region/Program vacancy, in accordance with Section 13.1, above, provided that the LPN has the necessary qualifications to perform the work required and provided further that such transfer will not unreasonably reduce the operational efficiency of the Employer or the Region/Program, but this will not result in delaying such a transfer for more than six (6) weeks from when it would otherwise be effectuated under this Subsection. Where two (2) or more Employees request such transfer in writing, the Employer shall transfer the Employee with the greatest seniority, unless as among such Employees there is an appreciable difference in their qualifications to do the job. An LPN who transfers to a different Program hereunder shall serve a three-month probationary period in the Program (unless he/she has prior experience working in the Program) and he/she will be returned to the former Program during such period without recourse to the grievance and arbitration procedure, if he/she fails to complete probation, with whatever entitlements he/she would have had if he/she had not transferred.

13.3.2 Involuntary Transfers.

Before an involuntary transfer from one Region/Program to another Region/Program is effectuated, efforts will first be made to determine whether an appropriate voluntary transfer as described in Section 13.3.1 is consistent with effective and efficient operations.  Also, prior to any involuntary transfer of any Regular Full-Time or Regular Part-Time Employees from one Region/Program to another Region/Program is effectuated, qualified Per Diem Employees shall be transferred first, provided the remaining Employees have the qualifications and ability to perform the work and assume the responsibilities required.  Thereafter, any necessary involuntary transfers will be on the basis of the needs and the effective and efficient operation of the Region/Programs, and, in that context, application of the principle of selection in reverse order of seniority as between or among the LPNs who have the necessary qualifications to perform the job.

An LPN who is involuntarily transferred to a different Program hereunder shall be returned to his/her former Program if he/she fails to successfully complete probation in the Program, with all the entitlements he/she would have had if she/he had not been involuntarily transferred.

13.3.3 Transfers into and out of the Hospice Program.

VNSNY Home Care may interview and select Hospice Nurses in accordance with the Hospice Program's screening and selection procedure without reference to the seniority provisions in Article Thirteen of the Agreement relating to selection.  Any Staff Nurse employed by VNSNY Home Care who becomes a Hospice Nurse shall have the right, within six (6) months of entering the Hospice Program, to return to his or her former Staff Nurse position in the Region/ Program where he or she had been assigned and, if a vacancy exists, to his or her former team.  VNSNY Home Care shall have the reciprocal right to require any Hospice Nurse to return to the position of Staff Nurse within six (6) months after the Staff Nurse has entered the Hospice Program.

13.3.4 Reassignment within a Region/Program.

It is recognized that assignment and reassignment of Employees within a Region/Program may be necessary at times to meet the needs and to ensure the effective and efficient operations of the Region/Program and, therefore, that the Region/Program must have the right of assignment and reassignment toward this purpose.  However, before any reassignment within a Region/Program is effectuated efforts will first be made in accordance with Section 13.1 and the standards of Section 13.3.1 as applied within the Region/Program to obtain volunteers from among those Employees who have the necessary qualifications and whose reassignment would be consistent with effective and efficient operations.  Thereafter, any necessary involuntary reassignments will be on the basis of the needs and the effective and efficient operation of the Region/Program and, in that context, application of the principle of selection in reverse order of seniority as between or among the Employees who have the necessary qualifications to perform the job.