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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 their supervisor a Request For Transfer/Promotion Form with regard to a posted job vacancy, will receive an Employee Copy signed by Employee’s Supervisor within ten (10) workdays.

13.2 Promotions.

Where a promotional vacancy in a bargaining unit position occurs and two (2) or more Employees or individuals are under consideration for such vacancy, the Employer shall promote or assign the most qualified and competent Employee or individual. Disputes under this provision shall be subject to the grievance procedure only if the question involves an arbitrary decision of the Regional Administrator or Department Head, as applicable, or designee. Any Employee who has been promoted shall serve the same probationary period in the new position as a new Employee and may during this period be returned to the prior job classification, and such action shall not be subject to the grievance and arbitration procedure of this Agreement. If the Employee is removed from the new position during the probationary period, the Employee shall have a right to return to the Employee's former classification and in the Region/Program (where possible) with whatever entitlements he or she would have had had he or she never been promoted, provided that if the Employee is discharged, such discharge shall be subject to the grievance and arbitration procedure of this Agreement.

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 (other than a promotion vacancy) 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 13.3.6, below, any Registered Nurse 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 Registered Nurse 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 Registered Nurse has the necessary qualifications to perform the work required and provided further that such trans fer 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 Registered Nurses request such transfer in writing, the Employer shall transfer the Registered Nurse with the greatest seniority, unless as among such Registered Nurses there is an appreciable difference in their qualifications to do the job.

13.3.2 Involuntary Transfers.

13.3.2.1 Staff Increases in Region/Programs.

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 in the job classification 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 Registered Nurses who have the necessary qualifications to perform the job.

13.3.2.2 Staff Reductions in Region/Programs.

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 in the job classification shall be transferred first, provided the remaining Employees have the qualifications and ability to perform the work and assume the responsibilities required. Thereafter, in the event of a staff reduction in a Region/Program, a Registered Nurse affected by that staff reduction shall have the option of transferring to another program in the Region where he or she had been employed and bumping the junior Registered Nurse with less seniority in the Region/Program before being required to transfer to the same Program in another Region.

13.3.3 Transfers into and out of the LTHHCP.

Transfers shall be treated on the same basis as transfers into and out of a separate Region/Program

13.3.4 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.

13.3.5 Transfers into and out of the Infusion Program.

13.3.5.1 Selection.

Applicants shall be interviewed to determine the presence of the knowledge, skills and ability criteria set forth in the Infusion Staff Nurse job description developed by VNSNY Home Care, and in the case of Weekend Infusion positions, availability to work the hours specified. Qualified applicants shall be selected to take the Infusion Staff Nurse course on the basis of seniority unless as among such Registered Nurses there is an appreciable difference in their qualifications to do the job.

13.3.5.2 Infusion Staff Nurse Course.

All qualified Infusion applicants selected shall be required to take and successfully pass the Infusion Staff Nurse course. At any time while taking the Infusion Staff Nurse course, or if the Employee fails to pass the course, the Employee may elect not to complete the course and 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. All Infusion Staff Nurses who complete and pass the Infusion Staff Nurse course shall remain in such Infusion Staff Nurse positions for a minimum of six (6) months unless otherwise deter-mined by the Employer, provided that on the last day of the six-month (6) period an Employee may, upon one (1) month's notice from that date, elect to return to his or her former Staff Nurse posi tion in the Region/Program where he or she had been assigned, and if a vacancy exists, to his or her former Team. Thereafter, transfer rights, etc., shall be in accordance with the Agreement.

13.3.6 Reassignment within a Region/Program.

It is recognized that assignment and reassignment of Registered Nurses 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 reassign ment 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 Registered Nurses 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 Registered Nurses who have the necessary qualifications to perform the job.