Collective Bargaining Agreement with AFSCME Local 2910


Section 1. Objective
The objective of the Merit Selection Plan and this article is to ensure that merit principles are applied in an equitable manner to all applicants for employment; to ensure the selection of those candidates determined to be best qualified; and to provide an incentive for all employees to pursue a career in the Library based on the excellence of their performance and development of their knowledge, skills, and abilities through an orderly and fair consideration for vacancies.

All personnel actions coming under the authority of the Merit Selection Plan and this Agreement shall be taken solely on the basis of merit, fitness, and qualifications and without regard to political, religious, or labor organization affiliation or non-affiliation, marital status, sexual orientation, age, race, color, sex, national origin, non-disqualifying disability, or other non-merit factors.

Section 2. The following exceptions apply:

  1. initial appointment for persons recruited under an approved recruitment, training, or exchange program (the Guild will be given notice and opportunity to bargain where appropriate over additional programs);
  2. reassignments (see Article 18 (Reassignments));
  3. details (see Article 17 (Details));
  4. placement as a result of reduction-in-force (see Article 19 (Reduction-In-Force));
  5. change to lower grade with no additional promotion potential at the employee's request and with the concurrence of management, provided minimum qualification requirements are met;
  6. promotions governed by an approved promotion plan;
  7. positions paid from gift funds entrusted to the Library for the employment of particular persons or persons of particular categories. This exception shall not apply to routine positions with usual requirements unless the terms of the gift so require;
  8. positions paid from funds transferred from other agencies when conditions imposed by such agencies preclude posting;
  9. reemployment of former employees on a reemployment list who were not offered a position in a RIF, but only after the Library has notified the Guild and provided it opportunity to bargain over impact and implementation of the Reemployment Program;
  10. temporary promotions;
  11. temporary appointments not to exceed six (6) months, with four (4) month extension by agreement of the Parties;
  12. extensions not exceeding six (6) months, and additional extensions upon agreement of the Parties, of time-limited appointments that were made under competitive procedures;
  13. reappointment of a former Library staff member to the same or similar position for which the staff member qualifies (the Guild will be notified of these appointments);
  14. placements made under the Priority Placement Program;
  15. reclassification actions that are not the result of planned management action; and
  16. placement made as a result of the following actions:
    1. settlement of a grievance or an award, pursuant to Article 36 (Negotiated Grievance Procedure), including dispute resolution;
    2. resolution or dismissal of a law suit; or
    3. settlement of appeals brought under the appropriate statutory appeals procedure.

Section 3. Written tests may not be used as a selection device in considering employees for promotion or other placement actions unless such tests have been validated. No oral tests other than interviews should be administered. Employees and the Guild retain the right to challenge the validity of any selection test. Tests including physical tests should be validated.

Section 4. Job Analysis and Position Descriptions
When a position description changes (is upgraded, downgraded, or re-described) or a new position description is certified as a result of the Merit Selection Plan procedures, the Library will provide the Guild a copy of the new or changed position description within fifteen (15) working days of the change. The Library will notify the Guild of changes in organization name by special announcement. No additional notification will be required for resultant organization name changes in affected position descriptions.

If Merit Selection Plan procedures result in changes in position descriptions that adversely affect employees, the employees may follow the dispute resolution process (Article 35 (Alternative Dispute Resolution)). The Library and the Guild will meet, consult, and bargain over the adverse impact of the position description changes.

Section 5. Merit Selection Plan
Before implementing any changes to the procedures or practices found in the Merit Selection Plan, the Library will send the Guild a management plan and notice to bargain according to the provisions of Article 8 (Midterm Bargaining).

Section 6. The Library will make every effort to identify and use incumbent Subject Matter Experts (SMEs). When an incumbent SME is unavailable, the Library will use the next best SME who is available. The Library will consider delaying the process until an incumbent SME is available.

Section 7. An employee's accumulation of earned annual or sick leave, in and of itself, shall not be a factor in the consideration of an employee for selection or promotion. This would not preclude the Library from considering an employee's overall attendance record under appropriate circumstances.

Section 8. The Library will notify the Guild of positions paid from gift and trust funds and funds transferred from other agencies that are filled noncompetitively.

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