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Article 15: Transfers and Promotions

ARTICLE 15

Transfers and Promotions
Section 1. No employee shall be transferred by the Publisher to work in another classification, department, city or territory whether in the same enterprise or in another enterprise conducted by the Publisher, or by a subsidiary related to the parent company of the Publisher, without the employee’s consent, except as noted in the last sentence of this section. An employee shall not be penalized for refusing to accept such a transfer. In the event a transfer to another city or territory is agreed upon, the Publisher shall pay all transportation and moving expenses of the employee and his or her family in connection therewith, and there shall be no reduction in salary or impairment of other benefits under this agreement as a result of such transfer. Notwithstanding the foregoing, the Publisher shall have the right to transfer employees between the Concord Bureau and Manchester.
 
Section 2. If a vacancy occurs in any department, it shall be filled within 90 days. Notification of intent whether or not to fill shall be given to the Guild within 45 days. Such period is subject to change upon agreement of the parties.
 
Section 3. Employees with the greater length of service shall be given the opportunity of working the most desirable weekly schedule on the same shift, whenever there is a choice from among several employees in the same classification to cover more than one schedule involving the same type of work.
 
Section 4. It is the policy of the Publisher to promote from within. When an opening occurs, the Guild shall be notified. A description of the position shall be posted on bulletin boards. Suggested minimum qualifications will be included in the posting, without restricting the Publisher’s good faith review of any applicant in Article 15, Section 4(A).
 
Employees desiring to fill a vacancy either by transfer or promotion shall submit written application within five days of such posting.
 
Present full time employees, including News Bureau personnel, shall be given first opportunity to fill vacancies in their classification on other shifts (i.e. day, night, Sunday). Part-time employees shall be given first consideration for tryouts for vacancies in their classification on the same or other shifts.
 
Present employees shall receive first consideration for tryouts for vacancies in other classifications within their department, subject to the prior operation of the rehiring list (Article 11, Section 4A).
 
(A) The Publisher shall make a good faith effort in reviewing all candidates. The Publisher shall consult with the Guild during this review process.  Candidates may include a Guild representative during any interviews if they so desire. Each candidate and the Guild shall be informed in writing no later than a week after a decision has been made on an application.
 
If, in the Publisher’s judgment, two or more applicants who are substantially the same in competence and ability merit a tryout, the senior employee shall be given the first tryout.
 
Article 13, Section 2, is applicable only to whether a good faith review of the job candidates was made by the Publisher. The sole authority of an arbitrator shall be to determine whether the Publisher made a good faith review and to order a new review.
 
(B) In the event the vacancy is not filled from the department in which the vacancy occurs, employees from other departments covered by this Agreement shall be given the opportunity to qualify therefore on the same terms and conditions as set forth in the preceding paragraphs.
 
Section 5. Employees moved to a new classification shall be given a wage adjustment to attain the salary for their new classification. The Publisher shall make a good faith review of an employee’s job performance in his or her new classification. In the event of an employee being returned to a former classification, the Publisher shall present reasons in writing to the employee and to the Guild at least two weeks before the change in status takes effect. An employee so moved shall be placed at the salary they would have been entitled to if they had never been advanced. Article 13, Section 2, is applicable only to whether a good faith review was made by the Publisher of the employee. The sole authority of an arbitrator shall be to determine whether the Publisher made a good faith review and to order a new review. With two weeks’ notice, an employee may elect to return to the classification from which he or she came within three (3) months without penalty or prejudice.
 
After three months’ duty in a classification (such period may be extended upon mutual agreement between the Publisher and the Guild) the classification becomes permanent and may not be reversed except in the case of replacements for employees who have entered federal service under the provision of Article 10 - National Emergency.
 
Section 6. Employees promoted to a position outside the unit may elect to return or may be returned by the Publisher to their former classification during the first three (3) months of such promotion and shall be covered by Article XI, Section 1 during such period.
 
Section 7. No employee shall be promoted without his or her consent or shall in any way be penalized for refusing to accept a promotion.
 
Section 8. In order that office messengers and clerks in the departments covered by this Agreement may be considered for promotions when an opening occurs, it is agreed that they may, one at a time, in rotation, in their respective departments, be permitted, if agreeable to the employee involved, to do work normally assigned to higher classifications, providing that no more than fifty (50) per cent of their time, for a period of three (3) months be spent in such training. It is further agreed that those trainees be paid during such training period at not less than one year scale of their category, and that they will not be assigned on a permanent basis to do work normally assigned to persons working in the higher classifications.