Common use of Management Responsibility Clause in Contracts

Management Responsibility. (a) Prior to terminating an employee for the reasons stated in (b) above, management must inform the employee in writing of the problem, counsel the employee as to what corrective action to take; and allow the employee adequate time to improve or correct performance or attendance. (b) Prior to termination for unsatisfactory job performance stated in (d) above, at any time during the performance appraisal cycle that an employee's performance is determined to be unacceptable through an interim or annual performance evaluation, the supervisor shall notify the employee of the areas for which performance is unacceptable and provide appropriate counseling informing the employee of the performance requirement(s) or standard(s) that must be attained in order to demonstrate acceptable performance in his or her position. The supervisor should also inform the employee that unless his or her performance improves and is sustained at an acceptable level, the employee may be reassigned, demoted, or terminated. Where an employee's performance is unacceptable, the supervisor shall afford the employee a reasonable opportunity to demonstrate acceptable performance, commensurate with the duties and responsibilities of the employee's position. As part of the employee's opportunity to demonstrate acceptable performance through a work improvement plan, the supervisor shall offer assistance to the employee in improving unacceptable performance. (1) If the employee agrees, the Union will be invited to participate in the counseling session. The employee shall be given the opportunity to submit a written rebuttal to the rating of unsatisfactory performance. (2) A work improvement plan will be written and discussed with the employee. If the employee agrees, the Union will be invited to participate in the discussions involving the work improvement plan. (3) After receiving the work improvement plan, the employee must be given not less than 90 calendar days to improve and raise their performance to an acceptable level. If an employee achieves an acceptable level of performance, then materials related to the work improvement plan shall remain in the official file only one year, in the operating file for 5 years, and supervisory file for one year. This section, however, shall not alter or modify any retention requirements for performance evaluations as provided for in this Agreement. (4) If an employee fails to achieve a satisfactory performance evaluation after following items (1) through (3) above, a department head may proceed with termination after issuing an intent to terminate notice to the employee and providing the employee at least 10 working days to respond before taking final action on the matter. (5) In the event the employee is terminated, in any grievance of such action, the Employer shall have the burden of proof.

Management Responsibility. (a) Prior to terminating an employee for the reasons stated in (b) above, management must inform the employee in writing of the problem, counsel the employee as to what corrective action to take; and allow the employee adequate time to improve or correct performance or attendance. (b) . Prior to termination for unsatisfactory job performance stated in (d) above, at any time during the performance appraisal cycle that an employee's performance is determined to be unacceptable through an interim or annual performance evaluation, the supervisor shall notify the employee of the areas for which performance is unacceptable and provide appropriate counseling informing the employee of the performance requirement(s) or standard(s) that must be attained in order to demonstrate acceptable performance in his or her position. The supervisor should also inform the employee that unless his or her performance improves and is sustained at an acceptable level, the employee may be reassigned, demoted, or terminated. Where an employee's performance is unacceptable, the supervisor shall afford the employee a reasonable opportunity to demonstrate acceptable performance, commensurate with the duties and responsibilities of the employee's position. As part of the employee's opportunity to demonstrate acceptable performance through a work improvement plan, the supervisor shall offer assistance to the employee in improving unacceptable performance. (1) If the employee agrees, the Union will be invited to participate in the counseling session. The employee shall be given the opportunity to submit a written rebuttal to the rating of unsatisfactory performance. (2) A work improvement plan will be written and discussed with the employee. If the employee agrees, the Union will be invited to participate in the discussions involving the work improvement plan. (3) After receiving the work improvement plan, the employee must be given not less than 90 calendar days to improve and raise their performance to an acceptable level. If an employee achieves an acceptable level of performance, then materials related to the work improvement plan shall remain in the official file only one year, in the operating file for 5 years, and supervisory file for one year. This section, however, shall not alter or modify any retention requirements for performance evaluations as provided for in this Agreement. (4) If an employee fails to achieve a satisfactory performance evaluation after following items (1) through (3) above, a department head may proceed with termination after issuing an intent to terminate notice to the employee and providing the employee at least 10 working days to respond before taking final action on the matter. (5) In the event the employee is terminated, in any grievance of such action, the Employer shall have the burden of proof.