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shifts shall be made on the basis of seniority, subject to the operating needs

of a department or agency or component thereof, or subject to an

identification of differences between employees with respect to relevant
factors concerning the employee’s ability to per- form the required duties

and responsibilities satisfactorily.
§44.3 Seniority shall be used to determine the order of selection among

employees for the scheduling of pass days within each shift and title.
Provided, however, that nothing contained herein shall limit the

development of local or agency labor/management procedures regarding
the selection of pass days.

§44.4(a) Within ninety (90) days of the execution of this Agreement, the
specific procedures for implementing the provisions of this Article shall be

developed through department or agency labor/management meetings.
Grievances alleging a failure to follow the specific procedures developed

by department or agency labor/ management meetings shall be processed
through the grievance procedure only to the Governor’s Office of

Employee Relations and shall not be arbitrable.
(b) Where employees are involuntarily assigned to a shift or work

location in order to meet the program or operating needs of the facility or
office, such employees shall have the right to select pass days in

accordance with the specific procedures developed by labor/ management
department or agency meetings.

(c) The specific procedures developed by labor/management to
implement the provisions of this Article shall not be applicable to

employees who are transferred or reassigned at their request. In addition,

specific procedures may be developed by facility level labor/ management
meetings specifying a time period during which employees transferred or
reassigned as a result of disciplinary action may not make selection of pass

days.

Article 45
Posting and Bidding for Job Vacancies

§45.1 Non-Competitive and Labor Class Positions

(a) Each operating unit (institution, DDSO, hospital, college, main office
or other appropriate facility) shall establish and maintain procedures for

distributing or posting announcements of vacancies in non-competitive and

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