NEGOTIATION PROCEDURE 3.1 On or before September 1 of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties. 3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement. 3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements. 3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed. 3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association. 3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A 3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following: A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and: B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law. C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law. D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses. 3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding. 3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.
Evaluation Procedure 6.1.1 The established evaluation form is to be prepared by the immediate supervisor under whom the bargaining unit member has served for sixty (60) working days or more. (See evaluation form attached as Appendix B.) The immediate supervisor is to present a draft of an evaluation report to the bargaining unit member in private and discuss the report with the bargaining unit member being evaluated. The evaluation shall be based upon direct observation by the immediate supervisor or verified facts. Evaluation reports reflecting “Needs Improvement” or “Does not meet standards” ratings shall include statements of deficiencies and recommendations for improvements, in writing, by the evaluator. The signature by the bargaining unit member does not indicate the employee’s agreement with the ratings; it indicates that the employee has received a copy. 6.1.1.1 Permanent employees shall be evaluated annually. 6.1.1.2 Probationary employees shall be evaluated at least once during the probationary period, prior to the end of the fourth month. 6.1.2 Evaluation reports reflecting “Needs Improvement” or “Does Not Meet Standards” ratings shall be placed in the bargaining unit member’s personnel file only after written notification by the supervisor that the bargaining unit member has been given an opportunity to prepare a written response to such evaluation. Prior to evaluation reports reflecting any “Needs Improvement” or “Does Not Meet Standards” ratings the evaluator is encouraged to implement a Performance Improvement Plan. (See Performance Improvement Plan form attached as Appendix C.) 6.1.3 A bargaining unit member has the right to attach a response to the employee’s evaluation provided that such written response is submitted to the employee's supervisor within fifteen (15) days of the employee's receipt of the evaluation. Any timely received response shall be attached to, and become a permanent part of, the employee's evaluation. 6.1.4 Evaluatees may, within ten (10) working days, present the employee’s objections to the evaluation decision to the Director Personnel Services. Grounds for the objections shall be based on one or more of the following: (1) the evaluation was not based on fact; (2) the evaluation was based on discriminatory standards; (3) the evaluation was not conducted in conformance with this Article. Within ten (10) working days of receipt of such objection the Director Personnel Services shall hear the objections and render a decision whether to uphold the evaluation or rescind the evaluation. 6.1.5 The bargaining unit member's supervisor may, at any time, prepare a notice of commendation. The completed form is to be signed by the bargaining unit member to indicate receipt and the bargaining unit member shall be given a signed copy. The original notice is to be forwarded to the Personnel Services Office for filing. 6.1.6 Contents of evaluations are not subject to the grievance procedure of this Agreement, Article VII, but procedural violations are subject to the grievance procedure. 6.1.7 The probation period shall be defined as the initial six (6) month employment period. 6.1.8 In the event a permanent bargaining unit member is hired for a new position, and is subsequently released from probation under section 6.1.7, the employee will be returned to the employee’s previous classification. 6.1.9 The District, CSEA and the bargaining unit member may mutually agree to extend the probationary period of a bargaining unit member on an individual basis provided the extension is no longer than four (4) months.
Mediation Procedure The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.
Resolution Procedure a. Step 1 i. The complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express their feelings about the situation. ii. Before proceeding to Step 2, the complainant may approach their administrative officer, staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. Refer to Article E.
Notification Procedure (i) Each such notice shall be deemed to have been delivered: (A) when presented personally to the GOB; (B) when transmitted by facsimile; or (C) five (5) Days after being deposited in a regularly maintained receptacle for the postal service in Bangladesh, postage prepaid, registered or certified, return receipt requested, addressed to the GOB, at the address indicated in Section 17 of the Implementation Agreement (or such other address as the GOB may have specified by written notice delivered in accordance therewith). Any notice given by facsimile under this Section 4.6 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the GOB.