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Exhibit A <br />off if hurricane conditions exist or mandatory specialized training is scheduled for <br />that same time period. <br />Recommendation: Change Article 17.02 to read. "The County will allow eight (8) <br />employees off on approved leave per shift. Such approved leave may be denied <br />and/or rescheduled due to (1) mandatory specialized training scheduled to be <br />held during that time or (2) if hurricane conditions are eminent." <br />Article 18, Vacancies and Promotions <br />Rather than address the respective positions of the parties on a <br />"piecemeal" basis, the Special Master views 18.03 as the linchpin of the parties <br />opposing positions. If indeed, employees are "gaming" the system in order to <br />perpetuate overtime as an alternative means to fill vacant position assignments, <br />the Employer's initial proposal to "...have sole discretion to appoint an employee <br />who is not on the promotional list, hire from the outside or utilize per diem <br />employees in the event there are fewer than 3 employees on the promotional list" <br />may be a harsh alternative, but understandable. Exhibit D reflects the trend of a <br />declining number of eligible employees willing to be tested between FY 2012- <br />2014. The result is the necessity for overtime assignments to fill those vacancies. <br />During the hearing, Employer offered to delete "per diem" employees from its <br />proposal. If "hiring from the outside" is also deleted, "sole discretion to appoint a <br />qualified employee who is not on the promotional list" is a reasonable solution. <br />Recommendation: Article 18.03, delete "per diem employees" and "hiring from <br />the outside." Adopt "Sole discretion to appoint a qualified employee who is not <br />on the promotional list" as language added to the last sentence of this article . <br />Recommendation: 18.02, 18.04, 18.05 and 18.08 Status quo. The parties shall <br />abide by the terms of the Letter of Agreement dated April 23, 2012. <br />-6- <br />31 <br />