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(j) Office of Parks, Recreation and Historic Preservation-Park, Region or

Main Office;

(k) Health - Institution, Main Office or State Laboratory
(l) Education - Main Office or State Schools;

(m) Environmental Conservation - Main Office or Region;
(n) All Other Departments - Main Office or City.

§44.2 In the event of a facility closure, an employee who exercises layoff
rights, is employed by the same agency and is employed within the same title

series shall, for purposes outlined in this Article, be given credit for their
continuous service in the closed entity.

Article 45

Posting and Job Vacancies
§45.1 Non-Competitive and Labor Class Positions

(a) Seniority for the purpose of this section shall be the length of service
in the Operational Services Bargaining Unit.

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

distributing or posting announcements of permanent and temporary
vacancies in non-competitive or labor class positions at that operating unit

at least 10 calendar days prior to the date they are to be filled.
Announcements of such vacancies shall contain the title of the position or

positions to be filled, minimum qualifications required for appointment, and
the number and work location of the vacancies. Grievances alleging

violation of this paragraph may be processed through the grievance

procedure only to the Governor’s Office of Employee Relations and shall
not be arbitrable.
(c) When such vacancies are announced as provided herein, employees

who wish to be considered for appointment to such vacancies shall be

allowed to file appropriate notice thereof with the appointing authority;
provided, however, that such notice must be filed within 10 days following

the announcement of the vacancy.
(d) Appointment to higher salaried vacant positions in the non-

competitive class shall be made on the basis of seniority from among the
employees bidding pursuant to Section 45.1(b), provided the candidate

meets the posting qualifications required, meets the legitimate operating

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