CBA Article 30

ARTICLE 30 HIRING AND APPOINTMENTS 

30.1 Filling Positions 

The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the specialized skills and abilities necessary to perform the duties of the specific position within a job classification that is to be filled. Only those candidates who have the position-specific skills and abilities required to perform the duties of the vacant position will be referred for further consideration by the employing agency. 

A. An agency’s internal layoff list will consist of nurses who have elected to place their name on the layoff list through Article 28, Layoff and Recall, of this Agreement and are confined to each individual agency. 

B. The statewide layoff list will consist of nurses who have elected to place their name on the statewide layoff list in accordance with WAC 357-46-080

C. A promotional candidate is defined as a nurse who has completed the probationary period within a permanent appointment and has attained permanent status within the agency. 

D. A transfer candidate is defined as a nurse in permanent status in the same classification as the vacancy within the agency. 

E. A voluntary demotion candidate is defined as a nurse in permanent status moving to a class in a lower salary range maximum within the agency. 

F. When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner: 

1. The most senior candidate on the agency’s internal layoff list with the required skills and abilities who has indicated an appropriate geographic availability will be appointed to the position. 

2. If there are no names on the internal layoff list, the agency will certify up to twenty (20) candidates for further consideration. Up to seventy-five percent (75%) of those candidates will be statewide layoff, agency promotional, internal transfers, and agency voluntary demotions. All candidates certified must have the position-specific skills and abilities to perform the duties of the position to be filled. If there is a tie for the last position on the certification for either promotion or other candidates, the agency may consider up to ten (10) additional tied candidates. The agency may supplement the certification with additional tied candidates and replace other candidates who waive consideration with like candidates from the original pool. 

3. Nurses in the General Government Transition Pool Program who have the skills and abilities to perform the duties of the vacant position may be considered along with all other candidates who have the skills and abilities to perform the duties of the position. 

4. If the certified candidate pool does not contain at least three (3) affirmative action candidates, the agency may add up to three (3) affirmative action candidates to the names certified for the position. 

5. When recruiting for multiple positions, the agency may add an additional five (5) agency candidates and five (5) other candidates to the certified list for each additional position. 

30.2 Lateral Transfer within a Facility or Program – Permanent Employees 

A. When the Employer is notified a position will be vacated, the Employer creates a new position, or reallocates a vacant position within the bargaining unit, nurses at the facility or within a program where the vacancy is occurring, will be notified in order to be considered for placement into the position. Notification will be through email or intranet as determined by the Employer. The position will not be filled on a permanent basis for a minimum of five (5) calendar days from the date the Employer provided general notification to nurses of the vacancy. Notification of Nurse Consultant positions will be agency wide within the facility or program within DSHS and DOH, respectively, and will not be filled on a permanent basis for a minimum of seven (7) calendar days from the date the Employer provided general notification to nurses of the vacancy. 

Standing Request for Transfers: July 1 through July 31 of each fiscal year, nurses may also submit transfer requests for positions at the facility or within a program. These requests will remain effective until July31 of the following year, unless the nurse asks to be removed from the list before then. Nurses who have submitted their standing requests do not need to apply for each vacant position: their application is automatically considered for a vacancy. 

B. Prior to certifying candidates in accordance with Section 30.1, an appointing authority shall consider lateral transfer requests made July 1 through July 31 and made in response to notification under Subsection 30.2 A. The appointing authority may grant a transfer within a facility or program as long as the permanent nurse has the skills and abilities required to perform the duties of the position and are within the same job classification. Nurses desiring a transfer will initiate a request in writing. Appointing authorities will review a nurse’s documented performance, documented attendance and balancing the needs of the work units when considering a nurse for transfer. 

1. For positions that provide direct patient care, seniority will prevail provided the nurse has the skills and abilities necessary to perform the duties of the position, and meets the needs of the work unit. 

2. For all other positions, when the appointing authority determines that all factors are equal the nurse with the most seniority will be appointed to the position. 

In both 1 and 2 above, a nurse’s transfer request may be turned down if the nurse has documented attendance or performance problems. Nurses not selected for the position will be notified and, upon request, shall have an informational meeting with the hiring authority. 

30.3 Permanent Status 

A nurse will attain permanent status in a job classification upon his or her successful completion of a probationary, trial service or transition review period. 

30.4 Types of Appointment 

A. Non-Permanent 

1. The Employer may make non-permanent appointments. A non permanent appointee must have the qualifications and possess any of the specialized skills and abilities for the position. 

2. A nurse with permanent status may accept a non-permanent appointment. At least fourteen (14) calendar days prior to starting in the appointment, the nurse must notify his or her current appointing authority of the intent to accept a non-permanent appointment. Upon notification of the nurse’s intent to accept a non-permanent appointment outside his or her facility or regional office, the nurse’s permanent agency will notify the nurse, in writing, of any return rights to the agency and the duration of those return rights. At a minimum, the agency must provide the nurse access to the agency’s internal layoff list. A nurse with permanent status, who accepts a non-permanent appointment within their facility or regional office, will retain return rights to their permanent position. 

3. The Employer may convert a non-permanent appointment into a permanent appointment and the nurse will serve a probationary or trial service period. The Employer must appoint an internal layoff candidate, if one exists, before converting a nurse from a non permanent appointment to a permanent appointment. If there are no internal layoff candidates, the process in Section 30.2 applies. 

4. The Employer may end a non-permanent appointment at any time by giving one (1) working day’s notice to the nurse. Non permanent appointments normally will not exceed twenty four (24) consecutive months in duration. 

B. On-Call Employment 

The Employer may fill a position with an on-call appointment where the work is intermittent in nature, is sporadic and it does not fit a particular pattern. The Employer may end on-call employment at any time by giving one (1) day’s notice to the nurse. 

C. Project Employment 

1. The Employer may appoint nurses into project positions for which employment is contingent upon state, federal, local, grant, or other special funding of specific and of time-limited duration. The Employer will notify the nurses, in writing, of the expected ending date of the project employment. 

2. Nurses who have entered into project employment without previously attaining permanent status will serve a probationary period. Nurses will gain permanent project status upon successful completion of their probationary period. 

Nurses with permanent project status will serve a trial service period when they: 

a. Promote to another job classification within the project; or 

b. Transfer or voluntarily demote within the project to another job classification in which they have not attained permanent status. 

3. The Employer may consider project nurses with permanent project status for transfer, voluntary demotion, or promotion to non-project positions. Nurses will serve a trial service period upon transfer, voluntary demotion, or promotion to a non-project position in a job classification that the nurses have not previously attained permanent status in. 

4. When the Employer converts a project appointment into a permanent appointment, the position will be filled in accordance with Section 30.1 above. The nurse hired will serve a probationary or trial service period in accordance with Section 30.5, below. 

5. The layoff and recall rights of project nurses will be in accordance with the provisions in Article 28, Layoff and Recall.

D. Appointment designations and employer-initiated separations from appointments described in this Section are not subject to the grievance procedure in Article 36

30.5 Review Periods 

A. Probationary Period 

1. Every part-time and full-time nurse, following his or her initial appointment to a permanent position, will serve a probationary period of six (6) consecutive months, unless separated prior to. Agencies may extend the probationary period for an individual nurse as long as the extension does not cause the total period to exceed twelve (12) months. 

2. The Employer may separate a probationary nurse at any time during the probationary period, and such separation will not be subject to the grievance procedure in Article 36

3. The Employer will extend a nurse’s probationary period, on a day-for-a-day basis, for any day(s) that the nurse is on leave without pay or shared leave, except for leave taken for military service. 

4. A nurse who transfers or is promoted prior to completing his or her initial probationary period will serve a new probationary period. The length of the new probationary period will be six (6) consecutive months, unless adjusted by the appointing authority for time already served in probationary status. In no case, however, will the total probationary period be less than six (6) consecutive months. 

5. If the Employer converts the status of a non-permanent appointment to a permanent appointment, the nurse hired will serve a probationary period. However, the Employer may credit time worked in the non-permanent appointment toward completion of the six (6) month probationary period. 

B. Trial Service Period 

1. All nurses with permanent status who are promoted, who voluntarily demote into a job classification for which they have not previously attained permanent status, or accept a transfer into a job classification for which they have not previously attained permanent status, will serve a trial service period of six (6) consecutive months. Agencies may extend the trial service period for an individual nurse as long as the extension does not cause the total period to exceed twelve (12) months. 

2. Any nurse serving a trial service period will have his or her trial service period extended, on a day-for-a-day basis, for any day(s) that the nurse is on leave without pay or shared leave, except for leave taken for military service. 

3. A nurse serving a trial service period may voluntarily revert at any time to a funded permanent position in the same agency, that is: 

a. Vacant or filled by a non-permanent nurse and is within the nurse’s previously held permanent job classification. 

b. Vacant or filled by a non-permanent nurse at or below the nurse’s previous salary range. 

The reversion option, if any, will be determined by the Employer using the order listed above. In both (a) and (b) above, the Employer will determine the position the nurse may revert to and the nurse must have the qualifications and possess the specialized skills and abilities for the position. 

4. With prior written notice by the Employer, a nurse who does not successfully complete his or her trial service period may be offered an opportunity to revert to a position in the same agency, that is: 

a. Vacant or filled by a non-permanent nurse and is within the trial service nurse’s previously held permanent job classification; or 

b. Vacant or filled by a non-permanent nurse at or below the nurse’s previous salary range. 

In either case, the nurse being reverted must have the qualifications and possess the specialized skills and abilities for the vacant position. 

5. A nurse who has been unsuccessful and has no reversion options may request that his or her name be placed on the agency’s internal layoff list and into the General Government Transition Pool Program for positions in job classifications where he or she had previously attained permanent status. 

6. The reversion of nurses who are unsuccessful during their trial service period is not subject to the grievance procedure in Article 36.

© Paul Vilja 2017