Common use of Employee Review Clause in Contracts

Employee Review. As part of the remedial actions in response to the findings identified in OCR’s resolution letter, the University will conduct a Title IX self-assessment of current and former employees who had supervisory responsibilities over Employee 1, who were reported to have received notice, prior to Employee 1 being placed on leave in June 2016, of complaints or concerns of sex discrimination committed by Employee 1, or who were responsible for implementing the University’s Title IX policy in response to concerns about Employee 1. The self-assessment will evaluate whether the current or former employee took action consistent with their role and authority, Title IX and University policies at the time, as well as whether there were any policy or practice considerations that may have impacted effective implementation. The University will determine what further remedial actions, if any, are appropriate to remedy the issues identified in this remedial self- assessment. The University will document any remedial actions taken with respect to policies, procedures, and practices, or remedial actions taken with respect to a current or former employee in the employee’s or former employee’s personnel file consistent with the revision to its documentation policies pursuant to Part II.A. The University will not be required to engage in actions that are inconsistent with its obligations under governing law related to the employment relationship and due process concerns. It is understood that the University may have limited or no disciplinary authority over, or access to, former employees, and limited access to witnesses that may have relevant information. The list of employees subject to review under this Part must include: all current and former employees who had supervisory responsibilities over Employee 1, and to the extent not included in the foregoing, the following former employees identified in OCR’s letter of findings as: Lead Physician 1, Medical Director, Executive Director 2, Nursing Director 1, Clinic Administrator 1, Nursing/Clinical Director, Nursing Manager, Quality Manager, Senior Investigator 1, Senior Investigator 2, Title IX Coordinator 1, ED of Human Resources, ASVP of HR, VP of Student Affairs 1, VP of Student Affairs 2, ASVP of Compliance, and SVP of Administration; and, the following current employees identified in OCR’s letter of findings as: Lead Physician 2, Interim Co-Medical Director, Clinic Administrator 2, and Title IX Coordinator 2. Identification of a current or former employee on this list does not constitute any pre-determination that the employee did not take appropriate action under University policy or Title IX. Remedial actions to be considered, as warranted, include, but are not limited to, the following: revisions to policies and procedures; remedial or educational steps; written reprimand; performance improvement plan; suspension; termination; revocation of tenure; revocation of honorary and other titles; demotion; reassignment; prohibition from University facilities, programs, and activities; and/or other responsive action(s) consistent with state law. Reporting Requirement: By July 15, 2020, the University will provide OCR documentation confirming the Title IX review, as described above, has been completed. The documentation for each current or former employee will include relevant facts, findings, and required remedial actions, if any. To the extent that the University’s review includes information protected by attorney/client privilege, that information may be redacted and the University will provide OCR with a corresponding privilege log. By September 14, 2020, the University will provide OCR with documentation that the remedial actions, if any, have been taken with respect to each employee or former employee.

Employee Review. As The University and the Union agree to identify any full time and part time employees at Lakehead University who perform Bargaining Unit related jobs that have been excluded from the Bargaining Unit. Once identified, a review will take place to a) determine the possible inclusion in the Bargaining Unit, and b) determine the terms and conditions of inclusion. SIGNED FOR: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2019 LAKEHEAD UNIVERSITY AND COPE- LOCAL 96 LETTER OF UNDERSTANDING "D" RE: LESS THAN 12 MONTH EMPLOYMENT It is agreed and understood that employees on staff as of May 27th, 2004, and employed for less than 12 months per year, shall continue to accrue seniority during their lay off period. For the purpose of clarity, an existing employee, who applied for and received, for example, a 10 month position, shall continue to be employed in a 10 month position. If said position is to be changed (i.e. to a 9 month position), the incumbent may exercise seniority rights and bump in accordance with the Collective Agreement. SIGNED FOR: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2019. LAKEHEAD UNIVERSITY AND COPE- LOCAL 96 LETTER OF UNDERSTANDING "E" RE: STAFF DEVELOPMENT A full time employee having successfully completed their probationary period may enroll in a course not offered at Lakehead University that is job related and have seventy-five percent (75%) of the remedial actions in response tuition fees (up to a maximum of $500.00 annually) reimbursed to the findings identified in OCR’s resolution letteremployee (providing they are still employed) upon presentation of proof of successful completion of the course and subject to the following conditions: o The course must be taken outside of working hours; o Prior written approval must be obtained from the department head; o Prior authorization from the Associate Vice-President, Human Resources be obtained; and o The employee has not received Staff Development funding for the University will conduct a Title IX self-assessment of current and former employees who had supervisory responsibilities over Employee 1, who were reported to have received notice, prior to Employee 1 being placed on leave in June 2016, of complaints or concerns of sex discrimination committed by Employee 1, or who were responsible for implementing the University’s Title IX policy in response to concerns about Employee 1. The self-assessment will evaluate whether the current or former employee took action consistent with their role and authority, Title IX and University policies at the time, as well as whether there were any policy or practice considerations that may have impacted effective implementation. The University will determine what further remedial actions, if any, are appropriate to remedy the issues identified in this remedial self- assessment. The University will document any remedial actions taken with respect to policies, procedures, and practices, or remedial actions taken with respect to a current or former employee same course in the employee’s or former employee’s personnel file consistent with the revision to its documentation policies pursuant to Part II.A. The University will not be required to engage in actions that are inconsistent with its obligations under governing law related to the employment relationship and due process concerns. past It is understood that the University may have limited or no disciplinary authority over, or access to, former employees, and limited access to witnesses that may have relevant informationshall determine whether an aforementioned course satisfies the criteria of being job related. The list of employees subject maximum expense to review the University for COPE member’s Claims under this Part must includearticle shall not exceed $2,500.00 in any one budget year. It is understood that this Letter of Understanding shall become effective at the beginning of the 2019/2020 budget year. SIGNED FOR: all current and former THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2019 LAKEHEAD UNIVERSITY AND COPE – LOCAL 96 LETTER OF UNDERSTANDING “F” RE: BENEFITS FOR TEMPORARY EMPLOYEES Pursuant to Article 4.04 the parties agree that temporary employees as defined in Schedule B who had supervisory responsibilities over Employee 1, and to the extent not included in the foregoing, are hired for eight (8) months or more shall be eligible for the following former employees identified in OCR’s letter of findings asbenefits: Lead Physician 1, Those who have completed a three (3) month waiting period shall receive the Supplemental Group Medical Director, Executive Director 2, Nursing Director 1, Clinic Administrator 1, Nursing/Clinical Director, Nursing Manager, Quality Manager, Senior Investigator 1, Senior Investigator 2, Title IX Coordinator 1, ED of Human Resources, ASVP of HR, VP of Student Affairs 1, VP of Student Affairs 2, ASVP of Compliance, and SVP of AdministrationBenefits Plan; and, the following current employees identified in OCR’s letter of findings as: Lead Physician 2, Interim Co-Medical Director, Clinic Administrator 2, and Title IX Coordinator 2. Identification of a current or former employee on this list does not constitute any pre-determination that the employee did not take appropriate action under University policy or Title IX. Remedial actions to be considered, as warranted, include, but are not limited to, the following: revisions to policies and procedures; remedial or educational steps; written reprimand; performance improvement plan; suspension; termination; revocation of tenure; revocation of honorary and other titles; demotion; reassignment; prohibition from University facilities, programs, and activities; and/or other responsive action(s) consistent with state law. Reporting Requirement: By July 15, 2020, the University will provide OCR documentation confirming the Title IX review, as described above, has been completed. The documentation for each current or former employee will include relevant facts, findings, and required remedial actions, if any. To the extent that the University’s review includes information protected by attorney/client privilege, that information may be redacted Dental Plan; and the University Eye Care Plan as per Article 23. Those who have completed the probationary period shall accumulate sick leave credits on the basis of one and one-half (1 ½) days per month to a maximum of one hundred and twenty (120) days. For the purpose of vacation, Article 18.08 shall apply. In the event, a temporary employee transitions to a full-time employee without a break in service, time served as a temporary employee shall be considered as time served for annual vacation entitlements. For those temporary employee who are originally hired for less than eight (8) months and their contract is extended to eight (8) months or more, they shall be entitled to the above medical, dental, vision and sick leave benefits. These benefits will provide OCR with a corresponding privilege logcommence once notification of extension has been given and the probation period and waiting period is satisfied. By September 14, 2020, the University These periods will provide OCR with documentation that the remedial actions, if any, have been taken with respect considered to each employee or former employee.commence at the start of the original contract. Signed on behalf of: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2019 For Information Purposes Only LAKEHEAD UNIVERSITY AND C.O.P.E. - LOCAL 96 RE: Harassment and Discrimination Policy and Procedures Effective Date: September 16, 1994 (Revised February 28, 2008)

Employee Review. As part The University and the Union agree to identify any full time non-operating or non-ancillary budget employees employed full time at Lakehead University who perform Bargaining Unit related jobs that historically have been excluded from the Bargaining Unit on a budgetary basis. Once identified, a review will take place to a) determine the possible inclusion in the Bargaining Unit, and b) determine the terms and conditions of inclusion. SIGNED FOR: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The 21st day of June 2012 LAKEHEAD UNIVERSITY AND COPE- LOCAL 96 LETTER OF UNDERSTANDING "D" RE: LESS THAN 12 MONTH EMPLOYMENT It is agreed and understood that employees on staff as of May 27th, 2004, and employed for less than 12 months per year, shall be grandparented and the new clause 12.07 shall not apply to them. For the purpose of clarity, an existing employee, who applied for and received, for example, a 10 month position, shall continue to be employed in a 10 month position. If said position is to be changed (i.e. to a 9 month position), the incumbent may exercise seniority rights and bump in accordance with the Collective Agreement. SIGNED FOR: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The 21st day of June 2012. LAKEHEAD UNIVERSITY AND COPE- LOCAL 96 LETTER OF UNDERSTANDING "E" RE: STAFF DEVELOPMENT A full time employee having successfully completed her/his probationary period may enroll in a course not offered at Lakehead University that is job related and have seventy-five percent (75%) of the remedial actions in response tuition fees (up to a maximum of $500.00 annually) reimbursed to the findings identified in OCR’s resolution letter, employee (providing she/he is still employed) upon presentation of proof of successful completion of the University will conduct a Title IX self-assessment course and subject to the following conditions: o The course must be taken outside of current working hours; o Prior written approval must be obtained from the department head; o Prior authorization from the Director of Human Resources be obtained; and former employees who had supervisory responsibilities over Employee 1, who were reported to have o The employee has not received notice, prior to Employee 1 being placed on leave in June 2016, of complaints or concerns of sex discrimination committed by Employee 1, or who were responsible Staff Development funding for implementing the University’s Title IX policy in response to concerns about Employee 1. The self-assessment will evaluate whether the current or former employee took action consistent with their role and authority, Title IX and University policies at the time, as well as whether there were any policy or practice considerations that may have impacted effective implementation. The University will determine what further remedial actions, if any, are appropriate to remedy the issues identified in this remedial self- assessment. The University will document any remedial actions taken with respect to policies, procedures, and practices, or remedial actions taken with respect to a current or former employee same course in the employee’s or former employee’s personnel file consistent with the revision to its documentation policies pursuant to Part II.A. The University will not be required to engage in actions that are inconsistent with its obligations under governing law related to the employment relationship and due process concerns. past It is understood that the University may have limited or no disciplinary authority over, or access to, former employees, and limited access to witnesses that may have relevant informationshall determine whether an aforementioned course satisfies the criteria of being job related. The list of employees subject maximum expense to review the University for COPE member’s Claims under this Part must includearticle shall not exceed $2,500.00 in any one budget year. It is understood that this Letter of Understanding shall become effective at the beginning of the 2011/2012 budget year. SIGNED FOR: all current THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The 21st day of June 2012 For Information Purposes Only LAKEHEAD UNIVERSITY AND C.O.P.E. - LOCAL 96 RE: Harassment and former employees who had supervisory responsibilities over Employee 1Discrimination Policy and Procedures Effective Date: September 16, and to the extent not included in the foregoing1994 (Revised February 28, the following former employees identified in OCR’s letter of findings as: Lead Physician 1, Medical Director, Executive Director 2, Nursing Director 1, Clinic Administrator 1, Nursing/Clinical Director, Nursing Manager, Quality Manager, Senior Investigator 1, Senior Investigator 2, Title IX Coordinator 1, ED of Human Resources, ASVP of HR, VP of Student Affairs 1, VP of Student Affairs 2, ASVP of Compliance, and SVP of Administration; and, the following current employees identified in OCR’s letter of findings as: Lead Physician 2, Interim Co-Medical Director, Clinic Administrator 2, and Title IX Coordinator 2. Identification of a current or former employee on this list does not constitute any pre-determination that the employee did not take appropriate action under University policy or Title IX. Remedial actions to be considered, as warranted, include, but are not limited to, the following: revisions to policies and procedures; remedial or educational steps; written reprimand; performance improvement plan; suspension; termination; revocation of tenure; revocation of honorary and other titles; demotion; reassignment; prohibition from University facilities, programs, and activities; and/or other responsive action(s) consistent with state law. Reporting Requirement: By July 15, 2020, the University will provide OCR documentation confirming the Title IX review, as described above, has been completed. The documentation for each current or former employee will include relevant facts, findings, and required remedial actions, if any. To the extent that the University’s review includes information protected by attorney/client privilege, that information may be redacted and the University will provide OCR with a corresponding privilege log. By September 14, 2020, the University will provide OCR with documentation that the remedial actions, if any, have been taken with respect to each employee or former employee.2008)

Employee Review. As The University and the Union agree to identify any full time and part time employees at Lakehead University who perform Bargaining Unit related jobs that have been excluded from the Bargaining Unit. Once identified, a review will take place to a) determine the possible inclusion in the Bargaining Unit, and b) determine the terms and conditions of inclusion. SIGNED FOR: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2021 LAKEHEAD UNIVERSITY AND LETTER OF UNDERSTANDING "D" RE: STAFF DEVELOPMENT A full time employee having successfully completed their probationary period may enroll in a course not offered at Lakehead University that is job related and have seventy-five percent (75%) of the remedial actions in response tuition fees (up to a maximum of $500.00 annually) reimbursed to the findings identified in OCR’s resolution letteremployee (providing they are still employed) upon presentation of proof of successful completion of the course and subject to the following conditions: The course must be taken outside of working hours; Prior written approval must be obtained from the department head; Prior authorization from the Associate Vice-President, Human Resources be obtained; and The employee has not received Staff Development funding for the University will conduct a Title IX self-assessment of current and former employees who had supervisory responsibilities over Employee 1, who were reported to have received notice, prior to Employee 1 being placed on leave in June 2016, of complaints or concerns of sex discrimination committed by Employee 1, or who were responsible for implementing the University’s Title IX policy in response to concerns about Employee 1. The self-assessment will evaluate whether the current or former employee took action consistent with their role and authority, Title IX and University policies at the time, as well as whether there were any policy or practice considerations that may have impacted effective implementation. The University will determine what further remedial actions, if any, are appropriate to remedy the issues identified in this remedial self- assessment. The University will document any remedial actions taken with respect to policies, procedures, and practices, or remedial actions taken with respect to a current or former employee same course in the employee’s or former employee’s personnel file consistent with the revision to its documentation policies pursuant to Part II.A. The University will not be required to engage in actions that are inconsistent with its obligations under governing law related to the employment relationship and due process concerns. past It is understood that the University may have limited or no disciplinary authority over, or access to, former employees, and limited access to witnesses that may have relevant informationshall determine whether an aforementioned course satisfies the criteria of being job related. The list of employees subject maximum expense to review the University for COPE member’s Claims under this Part must includearticle shall not exceed $2,500.00 in any one budget year. It is understood that this Letter of Understanding shall become effective at the beginning of the 2020/2021 budget year. SIGNED FOR: all current and former THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2021 LAKEHEAD UNIVERSITY AND COPE – LOCAL 96 LETTER OF UNDERSTANDING “E” RE: BENEFITS FOR TEMPORARY FULL TIME EMPLOYEES Pursuant to Article 4.04 the parties agree that full time temporary employees as defined in Schedule B who had supervisory responsibilities over Employee 1, and to the extent not included in the foregoing, are hired for eight (8) months or more shall be eligible for the following former employees identified in OCR’s letter of findings asbenefits: Lead Physician 1, Those who have completed a three (3) month waiting period shall receive the Supplemental Group Medical Director, Executive Director 2, Nursing Director 1, Clinic Administrator 1, Nursing/Clinical Director, Nursing Manager, Quality Manager, Senior Investigator 1, Senior Investigator 2, Title IX Coordinator 1, ED of Human Resources, ASVP of HR, VP of Student Affairs 1, VP of Student Affairs 2, ASVP of Compliance, and SVP of AdministrationBenefits Plan; and, the following current employees identified in OCR’s letter of findings as: Lead Physician 2, Interim Co-Medical Director, Clinic Administrator 2, and Title IX Coordinator 2. Identification of a current or former employee on this list does not constitute any pre-determination that the employee did not take appropriate action under University policy or Title IX. Remedial actions to be considered, as warranted, include, but are not limited to, the following: revisions to policies and procedures; remedial or educational steps; written reprimand; performance improvement plan; suspension; termination; revocation of tenure; revocation of honorary and other titles; demotion; reassignment; prohibition from University facilities, programs, and activities; and/or other responsive action(s) consistent with state law. Reporting Requirement: By July 15, 2020, the University will provide OCR documentation confirming the Title IX review, as described above, has been completed. The documentation for each current or former employee will include relevant facts, findings, and required remedial actions, if any. To the extent that the University’s review includes information protected by attorney/client privilege, that information may be redacted Dental Plan; and the University Eye Care Plan as per Article 23. Those who have completed the probationary period shall accumulate sick leave credits on the basis of one and one-half (1 ½) days per month to a maximum of one hundred and twenty (120) days. For the purpose of vacation, Article 18.08 shall apply. In the event, a temporary employee transitions to a full-time employee without a break in service, time served as a temporary employee shall be considered as time served for annual vacation entitlements. For those full time temporary employee who are originally hired for less than eight (8) months and their contract is extended to eight (8) months or more, they shall be entitled to the above medical, dental, vision and sick leave benefits. These benefits will provide OCR with a corresponding privilege logcommence once notification of extension has been given and the probation period and waiting period is satisfied. By September 14, 2020, the University These periods will provide OCR with documentation that the remedial actions, if any, have been taken with respect considered to each employee or former employee.commence at the start of the original contract. Signed on behalf of: THE BOARD OF GOVERNORS OF CANADIAN OFFICE & PROFESSIONAL LAKEHEAD UNIVERSITY EMPLOYEES’ UNION, LOCAL 96 The day of 2021 For Information Purposes Only For Information Purposes Only LAKEHEAD UNIVERSITY AND