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