Evaluation Procedures 11.1 The evaluation process is intended to provide objective feedback to an employee from their immediate supervisor to ensure satisfactory or better performance of assigned duties within their job description. It is not to be used as discipline, but can be used to inform the employee of less than satisfactory performance in an effort to have that performance improve to satisfactory or better levels within an appropriate timeframe. 11.1.1 Each employee shall have an annual conference with a written evaluation every two (2) years. Annual conferences will focus on employee contributions and areas for growth in the following year. Annual conferences shall be documented, in writing, and placed in the employee’s personnel file. The written evaluations and annual conferences shall be done by April 1 of each appropriate year. Should there be a need for an unscheduled written evaluation (one that is not a probationary or regular assessment) the immediate supervisor shall indicate on the evaluation form that it is an unscheduled evaluation and is for a specific issue or concern, 11.1.2 Probationary employees shall receive written evaluations no later than the end of the 3rd and 5th months of the probationary period. 11.1.3 Written evaluations shall be presented in a conference between the employee and their immediate supervisor. An employee may request an Association Representative to be present at these meetings. 11.1.4 Evaluations shall be based upon the immediate supervisor’s observation and knowledge of the employee's job performance. The immediate supervisor shall be a management or supervisory employee. 11.1.5 Any area of concern than may affect an employee’s written performance evaluation should be discussed with the employee within fifteen (15) days of its occurrence so that the employee is aware of the concern and can take corrective action with the goal of the concern not being necessary on the written performance evaluation. 11.2 The evaluation shall be made on a standard form which is provided for this purpose (Appendix F). The Exclusive Representative shall be notified of any proposed change of the evaluation form. 11.3 Prior to placing an evaluation in the employee's file, the employee and the evaluator shall review and discuss the evaluation and any material that is to be incorporated into the file. 11.3.1 The evaluation shall be signed by the employee and the evaluator. Additionally, the Chief Human Resources Officer shall review and sign Classified Staff Evaluation Forms. The employee's signature denotes solely that a joint review of the evaluation document(s) has taken place. 11.3.2 The employee shall receive a copy of the evaluation and may attach a written statement. 11.3.3 Following the review, the employee's evaluation shall be placed in the personnel file. 11.3.4 An evaluation that contains any rating of “needs improvement,” or 11.3.5 Salary Schedule Step Increases 11.3.5.1 Step increases are subject to a satisfactory overall performance evaluation rating of “Meets Standards” or “Exceeds Standards.” This section applies only to an overall performance evaluation rating, not individual sections of an employee’s performance evaluation. 11.3.5.2 For an employee to not receive their step increase at the normal time (July 1), an employee must receive a written evaluation no later than April 1 in order to allow them sufficient time to achieve an overall performance evaluation rating of “Meets Standards” or higher. 11.3.5.3 If an employee received an overall rating of “Needs Improvement” or “Unsatisfactory”, the employee will not receive a step increase until they obtain an overall rating of “Meets Standards” or “Exceeds Standards”. 11.3.5.4 If an employee’s scheduled step date is within 90 days of the performance evaluation needing improvement and the employee is able to improve within the 90 day time frame, the employee will receive the step increase on the first of the following month and retroactive pay back to the scheduled step date. 11.3.5.5 If the employee does not obtain a satisfactory overall rating within the 90 days of their scheduled step date, the employee will receive a step increase upon receipt of a satisfactory overall evaluation. The pay increase will be effective the first of the month following the satisfactory evaluation. NOTE: Appendix F of the Collective Bargaining Agreement shall be revised to reflect the above changes. The parties shall review and approve revisions of Appendix F prior to their being updated in the Collective Bargaining Agreement. 11.4 The personnel file of each employee shall be maintained at the San ▇▇▇▇ Obispo County Office of Education Human Resources Department. 11.5 Any materials, except as specifically excluded by 11.6 of this Article, relative to an employee's employment relationship shall be contained in the employee's personnel file. 11.5.1 Contents of the personnel file shall be kept in the strictest confidence in keeping with appropriate provisions of the California Education and Government Codes. 11.5.2 The Employer shall keep a log indicating the person(s) who have examined personnel file as well as the date on which such examination was made. The log shall be maintained in the employee's personnel file. 11.5.3 Any complaint relative to an employee's work performance from a person other than the employee's evaluator shall be in writing and signed by the person complaining. The Chief Human Resources Officer shall review all written complaints prior to the complaint being placed in the employee’s personnel file. Any complaint or charge that is withdrawn shall be removed from the employee's personnel file. Upon written request to the Employer, a complaint or charge that has been proven to be false and unsubstantiated shall be removed from the employee's personnel file. 11.6 Materials in the personnel file of an employee which may serve as a basis for affecting employment status are available for inspection by the employee or by a representative designated in writing by the employee. Ratings, reports, or records which were obtained prior to the employment of the employee shall be excluded from any review by the employee or the employee's representative. 11.6.1 An employee shall be allowed to inspect the personnel file upon request, provided that the request and inspection is made at a time when such employee is not actually required to render services to the Employer. 11.6.2 Information of a derogatory nature, except as that contained in an evaluation or excluded by 11.6 of this Article, shall not be placed in an employee's personnel file unless the employee is given notice of the pending placement and an opportunity to review and comment thereon. a. The employee shall be notified and shall receive a copy of any derogatory information at least ten (10) days before the material is placed in the employee's personnel file. b. The employee shall be given the opportunity to initial and date the material and to prepare a written response. The written response shall be attached to the material. c. The review shall take place during normal business hours and the employee shall be released from duty without loss of pay for this purpose.
Notice and Procedures Promptly after receipt by an indemnified party under subsection (a) or (b) above of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereof is to be made against the indemnifying party under such subsection, notify the indemnifying party in writing of the commencement thereof; but the omission so to notify the indemnifying party shall not relieve the indemnifying party from any liability that it may have to any indemnified party except to the extent such indemnifying party has been materially prejudiced by such failure. In case any such action shall be brought against any indemnified party, and it shall notify the indemnifying party of the commencement thereof, the indemnifying party shall be entitled to participate in, and, to the extent that it shall wish, jointly with any other indemnifying party similarly notified, to assume the defense thereof, with counsel reasonably satisfactory to such indemnified party, and after notice from the indemnifying party to such indemnified party of the indemnifying party’s election so to assume the defense thereof, the indemnifying party shall not be liable to such indemnified party under such subsection for any legal or other expenses subsequently incurred by such indemnified party in connection with the defense thereof other than reasonable costs of investigation; provided, however, that if, in the sole judgment of the Agent, it is advisable for the Agent to be represented by separate counsel, the Agent shall have the right to employ a single counsel to represent the Agent, in which event the reasonable fees and expenses of such separate counsel shall be borne by the indemnifying party or parties and reimbursed to the Agent as incurred (in accordance with the provisions of the second paragraph in subsection (a) above). The indemnifying party under this Section 5 shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the indemnifying party agrees to indemnify the indemnified party against any loss, claim, damage, liability or expense by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel as contemplated by this Section 5, the indemnifying party agrees that it shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into, and (iii) such indemnifying party shall not have reimbursed the indemnified party in accordance with such request prior to the date of such settlement. No indemnifying party shall, without the prior written consent of the indemnified party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any indemnified party is or could have been a party and indemnity was or could have been sought hereunder by such indemnified party, unless such settlement, compromise or consent (a) includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such action, suit or proceeding and (b) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any indemnified party.
Rules and Procedures The Benefit Society By-Laws will be amended to provide for a 6th Director with three Directors appointed by the Unions and three Directors appointed by the Corporation.
Policies and Procedures i) The policies and procedures of the designated employer apply to the employee while working at both sites. ii) Only the designated employer shall have exclusive authority over the employee in regard to discipline, reporting to the College of Nurses of Ontario and/or investigations of family/resident complaints. iii) The designated employer will ensure that the employee is covered by WSIB at all times, regardless of worksite, while in the employ of either home. iv) The designated employer will ensure that the employee is covered by liability insurance at all times, regardless of worksite, while in the employ of either home. v) The designated employer shall have exclusive authority over the employee’s personnel files and health records. These files will be maintained on the site of the designated employer.
Policy and Procedures If the resident leaves the facility due to hospitalization or a therapeutic leave, the facility shall not be obligated to hold the resident’s bed available until his or her return, unless prior arrangements have been made for a bed hold pursuant to the facility’s “Bed Reservation Policy and Procedure” and pursuant to applicable law. In the absence of a bed hold, the resident is not guaranteed readmission unless the resident is eligible for Medicaid and requires the services provided by the facility. However, the resident may be placed in any appropriate bed in a semi-private room in the facility at the time of his or her return from hospitalization or therapeutic leave provided a bed is available and the resident’s admission is appropriate and meets the readmission requirements of the facility.