Common use of Evaluation of Program Clause in Contracts

Evaluation of Program. The parties shall meet at least yearly to review the program guidelines and the existing job sharing agreements and to discuss the successfulness of the program and any problems or clarifications which need to be addressed. The parties agree that the job sharing committee shall be the exclusive forum for addressing any questions, concerns or disputes regarding the program guidelines. The implementation or interpretation of the job sharing program shall not be subject to the grievance procedure; however, this shall not abrogate the parties’ rights contained in the collective bargaining agreement. 1. The parties will meet monthly to discuss all grievances on which arbitration is demanded. The purposes of such meeting are: (a) to categorize grievances in accordance with this agreement; (b) to schedule grievances for hearing dates in accordance to this agreement; and (c) to resolve matters that can be resolved. Participants in the meeting will be chosen by the parties to maximize the likelihood of achieving the purposes of the meeting. 2. Using the panel of arbitrators set forth in the CBA, the parties will schedule at least eight (8) dates per year on a rolling basis at least 90 days in advance. The intention is to use all those dates if possible unless no matters are pending. The further intention of the processes set forth in this agreement is to eliminate if possible, and if not to minimize, the number of paid arbitration days which are not used by the parties as a result of settlements occurring within the cancellation penalty period. 3. All things being equal, the parties will schedule matters for hearing in the order in which arbitration is demanded. However, the parties recognize that all things will often not be equal. For that reason, some matters are assigned categorical priority as set forth below. In addition, each party may choose up to three (3) matters per year to be given prime or expedited priority regardless of their category or nature. Finally, certain matters will be assigned to the “fill-in” category at the parties’ monthly meeting. The priorities are from lowest to highest: a. Matters in which there is no alleged ongoing harm to either party, and which can be prepared for hearing with little advance notice. [Example: A layoff alleged to be out of order, member already recalled, few facts in dispute.] These matters will be assigned by the parties to the “fill-in list” which will be used to cover arbitration dates available from late settlements, or because there are no higher priority matters. b. Matters in which there is no alleged ongoing harm to either party, but which cannot be prepared for hearing with little advance notice. [Example: A layoff alleged to be out of order, member already recalled, numerous facts in dispute; or discipline short of discharge.] c. Matters in which there is alleged ongoing harm to either party. [Examples: Discharge cases; contract interpretation cases with ongoing alleged violations.] d. Matters which either party has assigned high priority status (limit of 3 per party per contract year). 4. At the time of assignment of category, the parties will endeavor to be familiar enough with the facts of the matter and with the strengths and weaknesses of their position to have productive settlement discussions. (The parties recognize that some cases may require additional preparation for such discussions, and they may need to revisit such discussions at a later regular meeting). 1. Durational and Temporary Employees Definitions: Temporary: Position filled for a short term, seasonal, or emergency situation, including to cover for a permanent position when the incumbent is on workers’ compensation or other extended leave, not to exceed 6 months. May be extended up to one year. If a temporary employee is retained greater than 12 months said employee shall be considered durational.