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Rule 4: Certification

Rule 4: Certification (Effective May 4, 2007 this rule was revised and combined with Rule 3 to become a new Rule 3 "Selection." Decisions summarized below were decided under the former Rule 4.) 

The subjects of job abolishment, demotion appointments and layoff are properly before the hearings officer pursuant to the CSR §§ 4 and 14. In re Hurdelbrink,CSA 109-04, 119-04, 4 (1/5/05).

4-32: Lay-off Unit and General Reinstatement Lists

An appointing authority is not required to hire the first employee listed on a lay-off unit reinstatement list, since the agency is mandated only to certify or send the list to the appointing authority under CSR § 4-32 D. 1. In re Hurdelbrink, CSA 109-04, 119-04, 10 (1/5/05). 

After his lay-off, an appellant who was certified on the lay-off unit reinstatement list was not also entitled to be certified on a general reinstatement list, since the former is the exclusive list to be certified if there are any employees eligible for that list. In re Hurdelbrink, CSA 109-04, 119-04, 11 (1/5/05).

Appellant was not entitled to be certified on a general reinstatement list which closed before the effective date of his lay-off, and was not prejudiced by his exclusion, since the appointing authority considered him for the vacancy based on his inclusion in the lay-off referral list. In re Hurdelbrink, CSA 109-04, 119-04, 11 (1/5/05).

Management is not required to keep open the certification of eligibles for an indefinite time in order to allow eligibles to be considered for positions open within the class in which they have attained career status. In re Hurdelbrink, CSA 109-04, 119-04, 11 (1/5/05).

4-32: Certification from a Unit Layoff List 

When appellant is the only employee laid off in a lay-off unit, he is entitled to be the exclusive candidate certified for consideration in hiring within that unit, but he is not entitled to be the exclusive candidate for hiring in any other appropriation account. In re Hurdelbrink, CSA 109-04, 119-04, 10-11 (1/5/05).

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