IV. HIRING (see section I.B.11. for composition of Hiring Commission)

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A. RECRUITMENT PROCEDURES

  1. Within the BSC – All Central Level Member and Regular Employee positions shall be advertised and posted on bulletin boards at the central facilities and in the houses. In the case of House Level hirings, positions will be advertised in that house. If an applicant is not selected, the position will be advertised co-op-wide. Temporary Employee positions shall be advertised as widely as is feasible. All houses will prominently advertise all available house positions and permanent workshifts. In addition, house-level managers will take whatever steps are necessary to ensure that minority members and staff are informed of such job openings and are encouraged to apply. Promotions at the Central Level shall be conducted in accordance with procedures outlined in section IV. H. of the PerCode.
    a. All Member Services Coordinator positions will be re-advertised and hired for at the end of each semester, unless at the end of a Coordinator’s first semester, the Member Services Committee recommends not to re advertise the position based on satisfactory performance. A position must be re-advertised after being held by the same person for two semesters. Summer will not count as a semester of holding the position.
    b. Any house-level positions which are hired by the Hiring Commission will be re-advertised and hired for at the end of each semester, unless at the end of an employee’s first semester, the House Council recommends not to re-advertise the position based on satisfactory performance. A position must be re-advertised after being held by the same person for two semesters. Summer will not count as a semester of holding the position.
  2. Outside the BSC – All permanent positions for which non-BSC members are eligible to apply shall be advertised throughout the Berkeley-Oakland area (and further if necessary) in such a way as to attract applications from the entire spectrum of the community, and specifically minorities. Temporary positions shall be advertised as widely as is feasible. Advertising shall include any or all of the following, as applicable:
    a. Announcements sent to community agencies.
    b. Announcements sent to colleges and universities.
    c. Announcements sent to government and/or private employment services.
    d. Newspaper advertisements in the Daily Cal and/or local newspapers.
  3. All announcements and advertisements shall contain the statement, “The BSC is an Equal Opportunity/Affirmative Action employer.” The Coordinator for Outreach Diversity & Anti-Discrimination shall compile and maintain a list of agencies, colleges and newspapers for use in advertising job openings. Appended to all job announcements on file shall be a list of places where the job was advertised.


B. APPLICATIONS

  1. All applicants regardless of previous employment at the BSC must submit an application for any position.
  2. All applications for positions shall be kept for two years for persons not hired. Applications of persons employed shall be kept for five years after their departure from the BSC.
  3. Applications shall be kept confidential, and shall be available only to those persons entitled to participate in the hiring for the position which the application is submitted for.
  4. All applications shall include a sheet explaining hiring procedures and the applicant’s rights under the Personnel Code.
  5. Applications shall not contain any questions (such as those pertaining to sex, age, marital status, race, etc.) that might prejudice interviewers.
  6. Each application shall have a separate optional information page for the purpose of self-identification of those who wish to be considered under affirmative action policies. In the case of equally qualified applicants, this information will be used by the Coordinator for Outreach Diversity & Anti-Discrimination to inform the Hiring Commission which applicants will help achieve affirmative action goals; but the information page shall not be made available to Hiring Commission members. This information will also be used for statistical purposes and for evaluation of the effectiveness of recruitment programs.
  7. No late applications will be accepted.


C. AFFIRMATIVE ACTION IN HIRING

  1. All persons responsible for hiring, including members of Hiring Commission and all house-level managers, shall be thoroughly familiar with the affirmative action policies upon starting their respective jobs.
  2. All Central Level applications will be reviewed by the Coordinator for Outreach Diversity & Anti-Discrimination. Furthermore, when any person is not hired for a Central Level position, the reasons for non-hiring will be attached to her/his application.
  3. Wherever possible, reasonable accommodation will be made through physical and/or job modifications to allow a physically disabled person to perform a job. In order to increase employment opportunities in general, the co-op will accept and encourage job-sharing proposals wherever feasible. Furthermore, the co-op shall not discriminate in any way because of pregnancy.


D. HIRING PREFERENCES
Among equally qualified applicants, preference will be given to those applicants who will help to achieve affirmative action goals, or are residents of the house in which the position exists. Equal preference shall be given to each of these. Whenever appropriate, employees whose positions have been terminated shall be given priority for any job openings on the staff. “Preference,” as mentioned here and elsewhere in the Personnel Code, shall be construed to mean that preferential factors will be taken into account when evaluating otherwise qualified candidates for a job. It shall not be construed to mean that a person will be hired solely because of her/his preferential status.


E. REGULAR EMPLOYEES AND ROOM AND BOARD EMPLOYEES (referenced in I.D. & EA Contract Sec 2.E.)

  1. It shall be the responsibility of the Executive Director in conjunction with the Department Supervisor to publicize a description and summary of qualifications for the position, and undertake appropriate advertising.
  2. The Hiring Commission Chair in conjunction with the Executive Director and/or Department Supervisor shall review written applications to decide who to interview from among the qualified applicants, and they shall also formulate interview questions.
  3. The Hiring Commission shall convene one half hour before interviews to familiarize themselves with: (a) the job description, (b) questions to be asked of interviewees, (c) interviewees’ applications, and (d) evaluation criteria.
  4. The Hiring Commission shall make the final selection from among the applicants.
  5. There shall be a four step reporting procedure for Hiring Commission decisions:
    a. A decision shall be made and recorded on the applications of persons interviewed by the Hiring Commission.
    b. The Hiring Commission shall be asked to name an alternate. The alter¬nate’s status shall be noted on his/her application. The Commission may decline to name an alternate.
    c. The decision of the Hiring Commission shall become an official hiring in four working days only if there is no appeal. This period shall begin as determined by the President, on the day which all applicants should receive notice in writing of Hiring Commission’s decision.
    d. The decisions of the Hiring Commission shall be reported to the Board at least twice each semester in a written report.
  6. Hirings of Student Jobs at 8 hours or less (5/12/08 BOD)
    For all student jobs 8 hours or less that are not part of the workshift pool process, hirings will work as follows:
    a. The Supervisor will select based upon applications and, as necessary, interviews (whether by phone or in-person).
    b. They will submit to the Hiring Commission Chair and CODA a brief statement (half-page) about why they selected that particular candidate over the others.
    c. The CODA and HiCom Chair will have until the end of the next business day to discuss with the supervisor, and/or - as necessary - veto the decision, triggering a normal hiring process.


F. TEMPORARY AND WORKSHIFT EMPLOYEES (referenced in I.D. & EA Contract Sec 2.E.)

  1. It shall be the responsibility of the Executive Director in conjunction with the Department Supervisor to publicize a description and summary of qualifications for the position, and to undertake appropriate recruitment.
  2. The Executive Director in conjunction with the Department Supervisor shall review written applications, select interviewee(s) from among the qualified applicants, and make a final selection from among those interviewed.
  3. In emergency situations, the Department Supervisor may hire employees for a period not to exceed one week at a wage set by the Personnel & Operations Committee, when the Executive Director, Operations Manager, Accounting Manager, Member Services Manager, Physical Plant Manager, President or a Vice President cannot be reached.


G. HOUSE LEVEL HIRINGS (referenced in I.D. & EA Contract Sec 2.E.)
House Councils, in conjunction with the Central Office and Hiring Commission, shall be responsible for the non-discriminatory employment of House Level Employees at their houses, the advertising of all positions within the house, and the creation and upkeep of job descriptions for all major and minor managers.

  1. House Councils and/or their designee(s) shall inform the Executive Director of a position opening at least three weeks before the position is to be filled to ensure timely advertising in accordance with section IV.A. of the PerCode.
  2. Hirings and the maintaining of records shall be done by the Central Office in accordance with fair employment practices as mandated by Federal, State and/or local law, and BSC policies.
  3. A house may select 1-3 Hiring Commission Members to serve on hirings for that house. These Members must be trained at the first Central Level Hiring Commission training of the semester, unless already trained. If a house does not designate any Hiring Commission Members, Central Level Hiring Commission Members shall serve.
  4. Houses are responsible for the payment of Hiring Commission Member stipends as outlined in section XIII.B.7. of the PerCode.
  5. Applications must be turned into the Central Office by the deadline. It is not the responsibility of BSC employees, elected officials, House Level employees or House Level elected officials for lost or late applications.
  6. For all house/apartment managers hired at Central Level, the affected house/apartment’s president must attend the hiring. Priority for other positions on the Hiring Commission will be given to members of the affected house/apartment.


H. CENTRAL LEVEL PROMOTIONS
It shall be the responsibility of the Executive Director to publicize to all Central Level Employees a description and summary of the qualifications for Regular and Member Employee positions open at the Central Level. Employees may not be promoted to the position of Manager, but must go through the application process outlined in section IV.E. of the Personnel Code.

  1. The position shall be advertised internally for one working week. If no qualified employees apply, the position shall be advertised as outlined in section IV.A. of the Personnel Code.
  2. Employees must submit applications by the deadline to be reviewed by the Hiring Commission.
    a. The Hiring Commission shall convene to discuss the merits of promotion applicant(s). An interview is not required.
    b. A promotion must receive the absolute consensus of the Hiring Commission. If the event that consensus is not reached, the denial of a promotion will in no way will be reflected in the decision made by the Commission for that applicant(s) when conducting an open hiring as outlined in section IV.A.
  3. If the Hiring commission does not select an applicant for promotion, the position shall be advertised as outlined in section IV.A. of the Personnel Code.


I. APPEALS OF HIRING COMMISSION DECISIONS
Appeals of Hiring Commis¬sion decisions may be requested by any person who applied for a job and was not selected.

  1. Petitions for appeal are to be considered unusual, extraordinary, and appropriate only if there is evidence to suggest irregularities. Irregularities are defined as including bias and wrong-doing.
    a. A petition for appeal must be signed by two of the following persons: Hiring Commission Chair, Commission members, Coordinator for Outreach Diversity & Anti-Discrimination, Department Supervisor involved in the hiring, President, a Vice President, any Manager.
    b. If the President receives a valid petition for appeal within four working days of when applicants should have received notification of Hiring Commission’s decision, s/he shall notify the Personnel Appeals Committee Chair to begin the appeal. The President shall notify all persons in this section of all such requests.
  2. Upon notification by the President, the Personnel Appeals Committee Chair shall have four working days to convene the Committee (see section XIII.C.). Upon notification, the Personnel Appeals Committee Chair shall notify Personnel Appeals Committee, all applicants, the Hiring Commission Chair, and the Coordinator for Outreach Diversity & Anti-Discrimination that the appeal has begun. After such notification, the members of Personnel Appeals Committee shall not discuss the appeal outside of meetings of the Personnel Appeals Committee.
  3. Members of Personnel & Operations Committee and/or the Chair may be removed from the Committee for an appeal if they fall under the conflict-of-interest guidelines listed in Section XIII.C.3.
  4. Personnel Appeals Committee shall conduct the appeal as follows:
    a. Personnel Appeals Committee shall meet in closed session. Testimony shall be confidential. The hiring record by the Affirmative Action Coordinator may be viewed in closed session and is confidential.
    The members of Hiring Commission involved in the hiring, the Department Supervisor, and all other persons who participated in Hiring Commission’s deliberations shall be required to appear before the Personnel Appeals Committee.
    All parties to the appeal (those involved in the original hiring process and anyone who has signed a petition for appeal) shall have the right to hear the testimony of all other parties to the appeal. This shall, however, in no way be allowed to result in the disclosure of Hiring Commission deliberations to any of the applicants for the position, or other persons, which would result in a breach of the confidentiality of the hiring process as determined by the Personnel Appeals Committee Chair.
    Personnel Appeals Committee shall have the authority to re-open applications, re-select interviewees, interview, and hire any applicant. Such action shall require a four-fifths vote of the Committee. Personnel Appeals Committee must follow BSC hiring policies. Personnel Appeals Committee cannot direct Hiring Commission to give preference to any particular person.
    Personnel Appeals Committee shall go into executive session to arrive at its decision. An absolute majority of the Committee shall be required to make any decision, except as noted above. The vote of the Committee shall be final and confidential.
  5. The decision of the Personnel Appeals Committee and the reasons for it shall be communicated by the Personnel Appeals Committee Chair to all persons in number 1 of this para graph, the appealing party, the Member Advocate (for appeals involving members), and the Board of Directors. Approval by the Board of Directors shall be required for the expenditure of funds in appeals involving alleged discrimination in hiring.
  6. Nothing in this section will be construed to violate the confidentiality of the hiring and appeals process, as determined by the Personnel Appeals Committee Chair.


J. APPEALS OF BOARD HIRING DECISIONS
Appeals of Board hiring decisions may be requested by any person who applied for a central level managerial position and was not selected.

  1. The appeal shall be handled as specified in IV. I with the following exception:
    a. the Personnel Appeals Committee will consist of Cabinet.