Performance Evaluation Disputes with No Merit Increase Due Sample Clauses

The 'Performance Evaluation Disputes with No Merit Increase Due' clause establishes a process for employees to challenge performance evaluations in situations where no merit-based salary increase is at stake. Typically, this clause outlines the steps an employee must follow to formally dispute their evaluation, such as submitting a written appeal or participating in a review meeting, even if the evaluation does not affect their pay. Its core function is to ensure fairness and transparency in performance assessments, providing employees with a mechanism to address perceived inaccuracies or unfairness, regardless of immediate financial impact.
Performance Evaluation Disputes with No Merit Increase Due. An employee who is dissatisfied with a written performance evaluation, which does not involve the denial of a performance incentive, may obtain review of the evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes: A. Within thirty (30) days after receipt of a copy of the finalized evaluation, the employee must submit through the Association a written request to the Commissioner or designee, asking that he/she investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation Management has been arbitrary or capricious, or has been motivated by discrimination or bias. B. The written request must state specifically the allegations to be investigated, the degree that the information in support of those allegations is known, and identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. C. Upon receipt of a written request, the Commissioner or designee shall have thirty (30) days to investigate the allegations and to make written recommendations of any revisions of the evaluation, with a copy to the Association. A designee may conduct the investigation under this section. D. In the event the dispute is not resolved by the Commissioner or designee, the employee through the Association shall submit a written request for a review by the Division of Personnel, Department of Administration within ten (10) days after receipt of the Commissioner’s or designee’s recommendations. Absent a request for a review by the Division of Personnel, Department of Administration, the Commissioner or designee shall adjust the evaluation in accord with his/her recommendations. E. The Division of Personnel, Department of Administration shall respond within thirty (30) days of the employee’s request for review. The Division of Personnel, Department of Administration’s determination shall be the final level of appeal for these cases. If the Division of Personnel, Department of Administration’s response is not satisfactory to the employee, the Association will notify the Employer within thirty (30) days of receiving the Division of Personnel, Department of Administration’s written response, and the entire appeal process and all related material shall become a permanent attachment to the evaluation.
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Related to Performance Evaluation Disputes with No Merit Increase Due

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  • Disputes between a Contracting Party and an Investor (1) Any dispute which may arise between an investor of one Contracting Party and the other Contracting Party in connection with an investment on the territory of that other Contracting Party shall be subject to negotiations between the parties in dispute. (2) If any dispute between an investor of one Contracting Party and the other Contracting Party continues to exist after a period of three months, investor shall be entitled to submit the case either to: (a) The International Centre for Settlement of Investment Disputes having regard to the applicable provisions of the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington D.C. on 18 March 1965, or in case both Contracting Parties have not become parties to this Convention, (b) An arbitrator or international ad hoc arb1 tral tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.

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