Common use of Testing Criteria Clause in Contracts

Testing Criteria. a. No employee shall be required to submit to a medical evaluation of his physical or mental condition without determination of just cause for said evaluation. The just cause determination shall be made by a tripartite panel which shall conduct a due process hearing and render a written determination which shall be final and binding on the parties. b. The tripartite panel shall be comprised of a physician selected by the Employer, the employee's personal physician, and an arbitrator mutually selected by the Employer and the Union in accordance with the procedures set forth in the grievance procedure of this Contract. The mutually-selected arbitrator shall act as chairman of the panel and shall serve in that capacity for all subsequently convened panels to determine probable cause for medical evaluation. c. The tripartite panel shall conduct a due process hearing to determine whether there is probable cause for the medical evaluation of an employee. Within ten (10) days after the conclusion of the due process hearing, the panel shall render a written determination and the rationale to the Superintendent and the employee. d. In the event that a health risk becomes apparent and may affect many or all employees, as determined by a physician in the appropriate public health district, the Employer, with concurrence of the Union, shall be permitted to bypass the tripartite panel and immediately provide for the examination and/or immunization of any or all employees to prevent the spread of the disease. e. All costs of the tripartite panel shall be borne by the Employer.