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. The State and the Union agree that it is in the parties’ mutual interests to address and resolve grievances as expeditiously as possible. The undersigned parties agree, therefore, as follows: 1. A committee shall be empaneled consisting of a Union Representative, a Representative from the Office of Labor Relations, and an Agency Representative whose pending cases are subject to Committee review and discussion. 2. The State and the Union shall develop a list of not less than five (5) grievances one week before the meeting that the parties intend to review and discuss. 3. Said Committee shall meet at least twice quarterly to review and make recommendations regarding the disposition of the grievances pending currently at the arbitration step of the grievance process. The parties will meet in December of each year to set expected dates for such meetings. By mutual agreement, the parties may hold additional meetings to address a grievance backlog. 4. The Union, OLR, and Agency Representative must possess the authority to act upon said pending cases during the meeting. Only those persons necessary for bringing the matter to resolution need to attend. 5. It is understood and agreed that any resolution of said grievances must be immediately reduced to writing when possible and executed by the State and the Union using an agreed upon form. Otherwise, girevances shall be scheduled for arbitration in the order in which arbitration is demanded except that cases that involve overpayments or that pose an ongoing monetary liability to the State will have scheduling priority by order of filing. Notwithstanding, either party may choose up to five (5) matters per year to be given prime or expedited priority. 6. No grievance shall be ripe for Committee review unless and until either (1) it has been heard and answered at Step 2 of the grievance procedure; (2) it has been filed at Step 2 and the time for response has passed without agreed upon extension; or (3) it is a grievance which may be filed directly to step (3). 7. The following shall apply for grievances involving discipline at the level of dismissal, demotion, or suspension in excess of ten (10) working days: These grievances shall be filed directly to the Office of Labor Relations (Central) consistent with the time requirements of Article 14, Section Five. Within thirty (30) days of receipt of the grievance, a representative of the Office of Labor Relations (Central) and a representative of the Union shall convene a conference with the relevant parties (Grievant, Agency Labor Relations Staff, and other Agency Representative, as appropriate) for the purpose of exchanging relevant documents, and gathering other information, including via mutual questioning by the parties in attendance. If the grievance is not resolved as a result of discussions at the conference, the OLR Representative will issue a written response within fifteen (15) days of the conference. A grievance that adheres to the procedure outlined in this paragraph will be considered ripe for committee review. 8. By mutual agreement, conferences as described in #7 above may be held for other grievances filed directly with OLR Central. 9. No matters that are otherwise deemed non-grievable or non-arbitrable are subject to committee review. 10. All conferences and committee meetings convened pursuant to this MOU shall be closed to the public unless the parties mutually agree otherwise.

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. The State and the Union agree that it is in the parties’ mutual interests to address and resolve grievances as expeditiously as possible. The undersigned parties agree, therefore, as follows:. 1. A committee shall be empaneled consisting of a Union Representative, a Representative from the Office of Labor Relations, and an Agency Representative whose pending cases are subject to Committee review and discussion. 2. The State and the Union shall develop a list of not less than five (5) grievances one week before the meeting that the parties intend to review and discuss. 3. Said Committee committee shall meet at least twice quarterly to review and make recommendations regarding the disposition of the grievances pending currently at the arbitration step of the grievance process. The parties will meet in December of each year to set expected dates for such meetings. By mutual agreement, the parties may hold additional meetings to address a grievance backlog. 4. The Union, OLR, and Agency Representative must possess the authority to act upon said pending cases during the meeting. Only those persons necessary for bringing the matter to resolution need to attend. 5. It is understood and agreed that any resolution of said grievances must be immediately reduced to writing when possible and executed by the State and the Union using an agreed upon form. Otherwise, girevances grievances shall be scheduled for arbitration in the order in which arbitration is demanded except that cases that involve overpayments or that pose an ongoing monetary liability to the State will have scheduling priority by order of filing. Notwithstanding, either party may choose up to five (5) matters per year to be given prime or expedited priority. In addition, any grievance involving the separation of a bargaining unit member shall automatically be given prime or expedited priority. 6. No grievance shall be ripe for Committee review unless and until either (1) it has been heard and answered at Step 2 of the grievance procedure; (2) it has been filed at Step 2 and the time for response has passed without agreed upon extension; or (3) it is a grievance which may be filed directly to step (3). 7. The following shall apply for grievances involving discipline at the level of dismissal, demotiondemotion , or suspension in excess of ten (10) working days: These grievances shall be filed directly to the Office of Labor Relations (Central) consistent with the time requirements of Article 14, Section Five. Within thirty (30) days of receipt of the grievance, a representative of the Office of Labor Relations (Central) and a representative of the Union shall convene a conference with the relevant parties (Grievant, Agency Labor Relations Staff, and other Agency Representative, as appropriate) for the purpose of exchanging relevant documents, and gathering other information, including via mutual questioning by the parties in attendance. If the grievance is not resolved as a result of discussions at the conference, the OLR Representative will issue a written response within fifteen (15) days of the conference. A grievance that adheres to the procedure outlined in this paragraph will be considered ripe for committee review.fifteen 8. By mutual agreement, conferences as described in #7 above may be held for other grievances filed directly with OLR Central. 9. No matters that are otherwise deemed non-grievable or non-arbitrable are subject to committee review. 10. All conferences and committee meetings convened pursuant to this MOU shall be closed to the public unless the parties mutually agree otherwise.. APPENDIX F – CROSS-BARGAINING UNIT LANGUAGE 1. Durational and Temporary Employees Definitions:‌