Modesto Irrigation District

 
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Memorandum of Understanding
Modesto Irrigation District/ IBEW International Brotherhood of Electrical Workers Local Union 1245 December 1, 2004 - November 30, 2008 for Bargaining Units: Utility Service and Maintenance; Professional and Supervisory; Administrative, Technical and Clerical.

See Resolution of Terms and Conditions for Management and Confidential positions

Title 9 - Promotion/Transfer/Demotion

9.1 Promotion for Non-exempt Job Vacancies

It is the intent of this Title, that when a non-exempt job vacancy occurs, and the District determines to fill it, it shall be filled according to the provisions of this Title, by the applicant who is most qualified according to skill, knowledge, aptitude, relevant experience, and potential for further promotion to the highest classification in that line of progression. For entry level positions described below and all contract and part-time positions the District shall be free to recruit both in house and outside simultaneously. All regular District employees may apply with outside applicants for these vacancies.

ENTRY LEVEL POSITIONS

Clerk I
Remittance Processing Clerk
Fleet Worker
Accounting Technician
Building Service Worker

9.2 Temporary and Probationary Employees

Temporary and new probationary employees, as described in Sections 6.2 and 6.3 will only be entitled to consideration for Open Lists.

9.3 Bypass for Lack of Qualifications

The District will reject the application of any employee who does not possess the knowledge, skills, efficiency, adaptability and physical ability required for the vacant position. The District may conduct test programs to determine the employee qualifications. Tests utilized will be valid and work-related. Test procedures to be utilized will be clearly stated in each job announcement. An employee's failure to perform successfully in the test procedure shall result in rejection of his/her application without further consideration. Upon request, an applicant will receive counseling to point out areas where improvement is possible including the review of missed test questions.

9.4 Pre-Established Lists

Vacant positions may be filled by use of pre-established lists. The existence of a valid list for the position will supersede the need to post the position. If a current and valid list exists it will be utilized according to the priority as follows: If an in-house list (District Promotion List) has been established, and the time limit for the list has not expired, and either no names remain on the list, or an insufficient number of names remain to fill vacancies, then the District may post the position(s) directly to the outside to fill the position(s) that cannot be filled from the in-house list. Employees may apply along with outside applicants in this outside recruitment. If no list, exists, a list will be established to fill (a) the current vacancy only, or (b) current and future vacancies. Lists will be maintained for up to one (1) year or two (2) years in the case of Classification Reinstatement List. Employees on such lists will be informed in writing when the list is abolished. Employees on pre-established lists will be given preference in the following order:

  1. Employees in the same classification (Transfer List)
  2. Employees previously demoted from the specific classification due to a reduction in force (Classification Reinstatement List).
  3. Former employees eligible to be rehired from layoff (Reemployment List).
  4. Employees who have previously been tested and certified eligible based on skills, knowledge, aptitude, and potential for further promotion (District Promotion List)
  5. Outside applicants (Open List). The job posting for positions to be filled by Open Lists will indicate the length of time the list will be valid.

9.5 Procedures for Establishing a District Promotional List

  1. The job announcement will state a list will be established to fill future vacancies.
  2. The length of time a list will be maintained will be stated.
  3. The names of applicants who are successful in the examination process will be placed on a list. This list will be used for future selections.
  4. When a vacancy occurs, the names of the top three employees who have the highest numerical score will be forwarded to the appropriate manager for selection. If there are less than three (3) employees to select from, outside applicants will be considered to provide the top three applicants for review. In the event two or more applicants are equally qualified, an employee will be selected over an outside candidate. The results of previous test, oral rating sheets, and other appropriate examination information will be provided. In addition, an updated review of work history, reference check, and personnel file, will occur. The manager will select one individual from the top three. Selection will continue until both lists are exhausted.

9.6 Notice

Notice of regular full-time vacancies will be posted on District bulletin boards. Employees will have ten (10) working days in which to apply for the position.

9.7 Filling Vacancies

Qualified applicants who have been reassigned for lack of work or lack of funds from the classification in which the vacancy exists or a higher classification series shall be given first consideration.

9.8 Posting of Awards

District shall post quarterly in the Human Resource report on the Intranet and on all official bulletin boards a list of all promotions and forward a copy to the Union.

9.9 No Qualified Applicants

In instances where qualified personnel are not available within the District to fill job vacancies, such personnel may be employed from the outside.

9.10 Salary on Promotion

When a regular promotion is made into a job classification with a maximum rate of pay higher than the maximum rate of pay of the prior classification, the employee, if qualified, will be placed in the lowest pay step which represents a minimum increase of 4% except for assignment to apprentice classes. Upon promotion, a new merit review date will be established. If the employee is selected for a position that has the same pay grade as the employee’s current classification, there shall be no change to the pay grade or step and the employee will not have a probationary period. In this instance, the merit review date will remain the same.

9.11 Unsuccessful Promotions

Newly promoted employees will be assigned to probationary status for a period of six (6) months. If, during the six month probationary period, the employee is, in the judgment of the District, unsuccessful in the new position, the following procedure will take place:

  1. The employee will be returned to his/her former position provided a vacancy still exists.
  2. If no vacancy exists, as provided for in (a) above, the employee may bid on any other District vacancy for which the employee is qualified.
  3. If a vacancy, as provided in (b) above, does not exist, the employee will be placed in a vacancy for which he/she is qualified.
  4. If no vacancy exists, as provided for in (a), (b), or (c) above, he/she will be laid off, however, for a period of one (1) year, the employee will be eligible for rehire in the first available opening for which he/she can qualify under Section 9.5.

TRANSFERS

9.12 Definition

A transfer is defined as the reassignment of an employee to the same job description (which includes job descriptions with multiple titles).
An employee must meet the qualifications of the department to which the employee is transferring, as determined by that department’s management.

9.13 Salary on Transfer

When an employee is transferred, there shall be no change in salary rate.

9.14 Transfer Procedure

To Implement a Transfer Request:

  1. An employee will complete a transfer request form and forward copies to the immediate supervisor, Division Manager, and the Human Resources Department.
  2. The Human Resources Department will retain a Transfer file and upon a vacancy occurring, will contact each employee on the Transfer List to ask if he/she is interested in transferring to this vacancy. The employee will have one (1) opportunity to be considered for this particular transfer. If the employee wishes to be considered the Human Resource Department will notify the appropriate Division Manager who will consider the request. Acceptance of the transfer will depend on qualifications, job performance and supervisor references of the employee requesting the transfer. When in management’s judgment, the qualification of two or more best qualified individuals are relatively equal, the senior individual will be selected.
  3. The Human Resources Department will notify the individual as to the disposition of the request.
  4. The transfer request will be valid for one (1) year from the time the employee completes the request form. If the employee is interested in this position beyond one year or other positions, it will be the employee’s responsibility to keep the request in the transfer file current, since vacancies may be filled at any time.
  5. A valid transfer request must be on file prior to the position vacancy otherwise the employee will be required to apply for the position through the normal job posting process.
  6. Management may assign an employee of the same job classification to an open vacancy within that division and primary work location based on seniority and qualifications if the transfer or in-house recruitment process does not fill the open vacancy.

9.15 Demotion

A demotion is the movement of an employee to a position having a lower rate range. If the transaction results from the request of the employee, it will be designated as “change in classification.”

9.16 Salary on Demotion

When a demotion or change in classification is made into a job classification with a maximum rate of pay lower than the maximum rate of pay of the prior classification, the employee, if qualified, will be placed in the pay step which is either equal to his/her former rate or that which represents the minimum decrease except for assignment to the apprentice classes. Pay rate for such classes are determined by Section 7.6, “Wage Rate Determination - Apprentice Level.” The merit review date will remain the same. Disciplinary demotions are excepted from this section.

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Title  1 Preamble
Title  2 Recognition
Title  3 Nondiscrimination
Title  4 Management Rights
Title  5 Union Rights
Title  6 Seniority
Title  7 Wage and Salary Administration
Title  8 Job Content
Title  9 Promotion/Transfer/Demotion
Title 10 Days/Hour of Work
Title 11 Overtime
Title 12 Holidays
Title 13 Vacation
Title 14 Leaves With Pay
Title 15 Leaves Without Pay
Title 16 Benefits
Title 17 Retirement
Title 18 Driver License
Title 19 Safety
Title 20 Continuity of Service
Title 21 Grievance Procedure
Title 22 Miscellaneous Provisions
Title 23 Terms of Agreement
Appx A Appendix A
Wage Rates
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Modesto Irrigation District
Phone Number: (209) 526-7373
Street Address: 1231 11th Street
Mailing Address: P.O. Box 4060, Modesto, CA 95352-4060
E-mail: customerservice@mid.org

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