Evaluation Appeal Process. Instructional employees may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results in the removal of an annual evaluation, the evaluation rating will default to Not Evaluated and the employee will be considered to have an overall Effective rating for the purpose of all Human Capital and salary decisions. 15.11-1 While the Stage 2 may be appealed, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If a rating is successfully appealed, the rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process. a. Step 1 (1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessary. (2) Stage 2 Appeal –Human Resources and PEA will meet and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appeals.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees may A. If a "Does Not Meet Standards" rating is received, the employee has the following choices:
1. a one - time appeal using an expedited option to a Tripartite Evaluation Appeal Panel (either before or after the re-evaluation period) or 2. a 90-day re-evaluation period.
B. An appeal procedure limited to 3 steps: Step of the original evaluation shall be initiated at the President's level within 21 days. Appeals shall be held by a tripartite panel consisting of one (1) person designated by the Union, Step 2one (1) person designated by Management, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one (1) mutually agreed upon and available arbitrators neutral third party. Prior to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results in the removal implementation of an annual evaluationthis section, the evaluation Union and Management will meet and agree on a list of "third party neutrals".
1. The standard of review to be applied by the Panel shall be solely limited to whether or not the final performance rating will default to of "Does Not Evaluated Meet Standards" was justified.
2. The decision of the Tripartite panel shall be final and binding.
3. Any employee having a "Does Not Meet Standards" rating overturned shall be made whole in as prompt a manner as possible.
4. Any decision in favor of the employee will be considered effective from the month of the appeal forward.
C. The re-evaluation period shall be 90 days in length. An employee shall have his/her re-evaluation done at the end of the 90-day period to have determine if a "Meets Standards" rating has been achieved.
1. If an overall Effective rating employee receives a "Meets Standards" evaluation during the re-evaluation process, he/she shall be eligible for the purpose denied Step and/or salary increase effective from the date of all Human Capital and salary decisionsreceiving the "Meets Standards" rating.
15.112. At the end of the re-1 While the Stage 2 may be appealedevaluation period, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If who continues to receive a rating is successfully appealed, the "Does Not Meet Standards" rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible able to be processed through the first two steps make a one-time appeal of the re-evaluation rating to the Tripartite Panel. This appeal processmust be filed at the President's level within 10 days of the re-evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of the original "Does Not Meet Standards" review.
a. D. Whether or not an employee receives a "Does Not Meet Standards" rating during the re-evaluation process, his/her anniversary date for Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will purposes shall not be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessaryretarded.
(2) Stage 2 Appeal –Human Resources E. Job duties and PEA will meet performance criteria shall be observable and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior measurable to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsextent practicable.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees may A. If a "Fails to Meet Expectations" rating is received, the employee has the following choices:
1. A one-time appeal using an expedited to a Tripartite Evaluation Appeal Panel. (Either before or after the re-evaluation process) or
2. A 90 day re-evaluation period.
B. An appeal procedure limited to 3 steps: Step of the original evaluation shall be initiated at the President's level within twenty-one (21) days. Appeals shall be heard by a Tripartite Panel consisting of one (1) person designated by Management, Step 2, one (1) person designated by the Union and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one (1) person mutually agreed upon neutral third party.
1. The standard of review to be applied by the Panel shall be solely limited to whether or not the final performance rating of "Fails to Meet Expectations" was justified.
2. The decision of the Tripartite Panel shall be final and available arbitrators binding.
3. Any employee having a "Fails to hear multiple cases Meet Expectations" rating overturned shall be made whole in as prompt a daymanner as possible.
4. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results Any decision in the removal favor of an annual evaluation, the evaluation rating will default to Not Evaluated and the employee will be considered to have an overall Effective rating for effective from the purpose of all Human Capital and salary decisions.
15.11-1 While the Stage 2 may be appealed, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If a rating is successfully appealed, the rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible to be processed through the first two steps month of the appeal processforward.
a. C. The re-evaluation period shall be ninety (90) days in length. An employee shall have his/her re-evaluation done at the end of the ninety (90) day period to determine if a "Meets Expectations" rating has been achieved.
1. If an employee receives a "Meets Expectations" evaluation during the re- evaluation period, he/she shall be eligible for the denied Step 1and/or denied salary increase effective from the date of receiving the "Meets Expectations” review.
2. At the end of the re-evaluation period, an employee, who continues to receives a "Fails to Meet Expectations" rating, shall be able to make a one- time appeal of the re-evaluation rating to the Tripartite Panel. This appeal must be filed at the President's level within ten (110) Stage 1 Appeal – No later than days of the 175th day re- evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of student contactthe original "Fails to Meet Expectations" review.
D. An employee's rating during the re-evaluation process shall not retard his/her anniversary date for Step purposes. Implementation of Section 3, the instructional employee must file using the jointly approved method communicated to all employees with their principal A and copy the principal’s supervisor, PEAC, and the Senior Director of the Human Resource Services Division that a concern exists Section 4, A, B, C and they choose D shall be subject to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessary.
(2) Stage 2 Appeal –Human Resources and PEA will meet and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed guidelines developed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsCampus Labor/Management Committee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees may A. If a “Does Not Meet Standards” rating is received, the employee has the following choices:
1. a one (1) - time appeal using an expedited option to a Tripartite Evaluation Appeal Panel (either before or after the re-evaluation period) or 2. a ninety (90) day re-evaluation period.
B. An appeal procedure limited to 3 steps: Step of the original evaluation shall be initiated at the President’s level within twenty-one (21) days. Appeals shall be held by a tripartite panel consisting of one
(1) person designated by the Union, Step 2one (1) person designated by the Employer, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one (1) mutually agreed upon and available arbitrators neutral third party. Prior to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results in the removal implementation of an annual evaluationthis section, the evaluation Union and Management will meet and agree on a list of “third party neutrals”.
1. The standard of review to be applied by the panel shall be solely limited to whether or not the final performance rating will default to of “Does Not Evaluated Meet Standards” was justified.
2. The decision of the tripartite panel shall be final and binding.
3. Any employee having a “Does Not Meet Standards” rating overturned shall be made whole in as prompt a manner as possible.
4. Any decision in favor of the employee will be considered effective from the month of the appeal forward.
C. The re-evaluation period shall be ninety (90) days in length. An employee shall have his/her re-evaluation done at the end of the ninety (90) day period to have determine if a “Meets Standards” rating has been achieved.
1. If an overall Effective rating employee receives a “Meets Standards” evaluation during the re-evaluation process, s/he shall be eligible for the purpose denied step and/or salary increase effective from the date of all Human Capital and salary decisionsreceiving the “Meets Standards” rating.
15.112. At the end of the re-1 While the Stage 2 may be appealedevaluation period, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If who continues to receive a rating is successfully appealed, the “Does Not Meet Standards” rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible able to be processed through the first two steps make a one-time appeal of the re-evaluation rating to the tripartite panel. This appeal processmust be filed at the President’s level within ten (10) days of the re-evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of the original “Does Not Meet Standards” review.
a. Step 1
(1) Stage 1 Appeal – No later than D. Whether or not an employee receives a “Does Not Meet Standards” rating during the 175th day of student contactre-evaluation process, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will his/her anniversary date for step purposes shall not be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessaryretarded.
(2) Stage 2 Appeal –Human Resources E. Job duties and PEA will meet performance criteria shall be observable and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior measurable to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsextent practicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees may A. If a "Does Not Meet Standards" rating is received, the employee has the following choices:
1. a one - time appeal using an expedited option to a Tripartite Evaluation Appeal Panel (either before or after the re-evaluation period) or 2. a 90-day re-evaluation period.
B. An appeal procedure limited to 3 steps: Step of the original evaluation shall be initiated at the President's level within 21 days. Appeals shall be held by a tripartite panel consisting of one (1) person designated by the Union, Step 2one (1) person designated by Management, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one (1) mutually agreed upon and available arbitrators neutral third party. Prior to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results in the removal implementation of an annual evaluationthis section, the evaluation Union and Management will meet and agree on a list of "third party neutrals".
1. The standard of review to be applied by the Panel shall be solely limited to whether or not the final performance rating will default to of "Does Not Evaluated Meet Standards" was justified.
2. The decision of the Tripartite panel shall be final and binding.
3. Any employee having a "Does Not Meet Standards" rating overturned shall be made whole in as prompt a manner as possible.
4. Any decision in favor of the employee will be considered effective from the month of the appeal forward.
C. The re-evaluation period shall be 90 days in length. An employee shall have his/her re-evaluation done at the end of the 90-day period to have determine if a "Meets Standards" rating has been achieved.
1. If an overall Effective rating employee receives a "Meets Standards" evaluation during the re-evaluation process, he/she shall be eligible for the purpose denied Step and/or salary increase effective from the date of all Human Capital and salary decisionsreceiving the "Meets Standards" rating.
15.112. At the end of the re-1 While the Stage 2 may be appealedevaluation period, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If who continues to receive a rating is successfully appealed, the "Does Not Meet Standards" rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible able to be processed through the first two steps make a one-time appeal of the re-evaluation rating to the Tripartite Panel. This appeal processmust be filed at the President's level within 10 days of the re-evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of the original "Does Not Meet Standards" review.
a. ▇. ▇▇▇▇▇▇▇ or not an employee receives a "Does Not Meet Standards" rating during the re-evaluation process, his/her anniversary date for Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will purposes shall not be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessaryretarded.
(2) Stage 2 Appeal –Human Resources E. Job duties and PEA will meet performance criteria shall be observable and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior measurable to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsextent practicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees a. There shall be an appeal procedure for an unsatisfactory or needs improvement overall score on the performance evaluation of the negotiations unit member.
b. A unit member may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission that portion of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations performance evaluation which results in the removal denial of an annual evaluation, a merit increase by filing a request for review within thirty (30) calendar days of receipt of the evaluation rating will default to Not Evaluated and the employee will be considered to have an overall Effective rating for the purpose of all Human Capital and salary decisions.
15.11-1 While the Stage 2 may be being appealed, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and by September 30 following the score on Fiscal Year to which the evaluation precludes an instructional employee from receiving Performance Payapplies, may be submitted for arbitrationwhichever is later. If a rating is successfully appealed, the rating The request shall be corrected and filed with the evaluation recalculated. Overall ratings that are Developing (in Office of University Labor Relations, who shall XQLW P provide copies to the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process.
a. Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Executive Director of the Human Resource Services Division that AAUP-AFT and the Appeals Panel established by this subsection.
c. The review shall be by an Appeals Panel comprised of two persons designated by the Executive Director of the AAUP-AFT, two persons designated by the University, and a concern exists person designated jointly by the Executive Director of the AAUP- AFT and they choose to appeal their Stage 1 resultsthe University, who shall be the chair of the Appeals Panel. The Executive Director of the AAUP-AFT and University shall designate substitute person(s) for the Appeals Panel in cases in which the originally designated person(s) cannot hear the matter because of a conflict of interest.
d. The Appeals Panel shall schedule the review at a mutually convenient time. The parties will meet may make written submissions to discuss the concerns Appeals Panel no later than 5 work seven (7) calendar days (day 185) after the last student contact day. A decision will be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessary.
(2) Stage 2 Appeal –Human Resources and PEA will meet and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior to the date to report data scheduled for review. The Panel may request additional information from the faculty member and/or supervisor who performed the evaluation.
e. The Appeals Panel shall issue its decision to the FLDOEparties, the Executive Director of the AAUP-AFT and the Office of University Labor Relations within thirty (30) calendar days following the date of the review, and the decision shall be final and binding on all parties.
f. If the Appeals Panel sustains the appeal and agrees that the unit member's performance was at a level of meets expectations/satisfactory or better in the area(s) of the performance evaluation which caused the negotiations unit member not to be eligible for a merit increase (as set forth above in Sections II.B.1. This conference window and II.B.5.a.), the appellant shall receive a merit increase (in such years where there is a merit increase program) within the range for such increases applicable to the year in question; the Appeals Panel shall make a recommendation for the amount of the merit increase, and the recommendation will be flexible forwarded to allow the maximum time Chancellor of RBHS who will decide upon the amount of the merit increase consistent with the range set forth in Section II. B. 3. The decision of the Chancellor as to prepare the amount of the merit increase will be final and binding. The recommendation of the Appeals Panel and the decision of the Chancellor regarding the merit increase will be provided to the parties and the Executive Director of the AAUP-AFT. If the Appeals Panel does not sustain the appeal and agrees that the unit member's performance in the area(s) which resulted in the denial of the merit increase was less than meets expectations/satisfactory, the unit member shall receive no merit adjustment for the appealsyear in question.
g. The Appeals Panel, the AAUP-AFT and the University shall hold in strict confidence all materials supplied to the Panel, the Panel's decisions and recommendations, and the decisions of the Chancellor.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees a. There shall be an appeal procedure for an unsatisfactory or needs improvement Overall score on the performance evaluation of the negotiations unit member.
b. A unit member may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission that portion of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations performance evaluation which results in the removal denial of an annual evaluation, a merit increase and which would result in a Salary Adjustment Based on Evaluation as set forth in part D below by filing a request for review within thirty (30) calendar days of receipt of the evaluation rating will default being appealed, or by September 30 following the Fiscal Year to Not Evaluated which the evaluation applies, whichever is later. The request shall be filed with the Office of University Labor Relations, who shall provide copies to the NJEA and the employee will Appeals Panel established by this subsection.
c. The review shall be considered to have by an overall Effective rating Appeals Panel comprised of two persons designated by the NJEA, two persons designated by the University, and a person designated jointly by the NJEA and the University, who shall be the chair of the Appeals Panel. The NJEA and University shall designate substitute person(s) for the purpose Appeals Panel in cases in which the originally designated person(s) cannot hear the matter because of all Human Capital and salary decisionsa conflict of interest.
15.11-1 While d. The Appeals Panel shall schedule the Stage 2 may be appealed, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If review at a rating is successfully appealed, the rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process.
a. Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 resultsmutually convenient time. The parties will meet may make written submissions to discuss the concerns Appeals Panel no later than 5 work seven (7) calendar days (day 185) after the last student contact day. A decision will be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessary.
(2) Stage 2 Appeal –Human Resources and PEA will meet and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior to the date scheduled for review. The Panel may request additional information from the parties.
5 A negotiations unit member’s rFTE used for purposes of calculating the Research Incentives to report data be paid out in fiscal year 2022 based upon fiscal year 2021 performance, may be adjusted, in exceptional circumstances, by agreement between a negotiations unit member and their chair/supervisor.
e. The Appeals Panel shall issue its decision to the FLDOEparties, the NJEA and the Office of University Labor Relations within thirty (30) calendar days following the date of the review, and the decision shall be final and binding on all parties.
f. If the Appeals Panel sustains the appeal and agrees that the unit member's performance was at a level of meets expectations/satisfactory or better in the area(s) of the performance evaluation which caused the negotiations unit member not to be eligible for a merit increase (as set forth above in Sections II.B.1. This conference window and II.B.5.a.) and which would result in a Salary Adjustment Based on Evaluation as set forth in part D below, the appellant shall receive a merit increase (in such years where there is a merit increase program) within the range for such increases applicable to the year in question; the Appeals Panel shall make a recommendation for the amount of the merit increase, and the recommendation will be flexible forwarded to allow the maximum time Chancellor of RBHS who will decide upon the amount of the merit increase consistent with the range set forth in Section II. B. The decision of the Chancellor as to prepare the amount of the merit increase will be final and binding. Moreover, the appellant shall not be subject to a Salary Adjustment Based on Evaluation as set forth in part D below. The recommendation of the Appeals Panel and the decision of the Chancellor regarding the merit increase will be provided to the parties and the NJEA. If the Appeals Panel does not sustain the appeal and agrees that the unit member's performance in the area(s) which resulted in the denial of the merit increase and/or which would have resulted in a Salary Adjustment Based on Evaluation as set forth in Section D below was less than meets expectations/satisfactory, the unit member shall receive no merit adjustment for the appealsyear in question and shall be subject to a Salary Adjustment Based on Evaluation as set forth in part D below.
g. The Appeals Panel, the Association and the University shall hold in strict confidence all materials supplied to the Panel, the Panel's decisions and recommendations, and the decisions of the Chancellor.
Appears in 1 contract
Sources: Collective Negotiations Agreement
Evaluation Appeal Process. Instructional employees may A. If a "Needs Improvement or Does Not Meet Standards" rating is received, the employee has the following choices:
1. a one - time appeal using an expedited option to a Tripartite Evaluation Appeal Panel (either before or after the re-evaluation period) or 2. a 90 day re-evaluation period.
B. An appeal procedure limited to 3 steps: Step of the original evaluation shall be initiated at the President's level within 21 days. Appeals shall be held by a Tripartite panel consisting of one (1) person designated by the Union, Step 2one (1) person designated by Management, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one (1) mutually agreed upon neutral third party.
1. The standard of review to be applied by the Panel shall be solely limited to whether or not the final performance rating of "Does Not Meet Standards" was justified.
2. The decision of the Tripartite panel shall be final and available arbitrators to hear multiple cases binding.
3. Any employee having a "Does Not Meet Standards" rating overturned shall be made whole in as prompt a daymanner as possible.
4. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results Any decision in the removal favor of an annual evaluation, the evaluation rating will default to Not Evaluated and the employee will be considered to have an overall Effective rating for effective from the purpose month of all Human Capital and salary decisionsthe appeal forward.
15.11C. The re-1 While evaluation period shall be 90 days in length. An employee shall have his/her re-evaluation done at the Stage 2 may be appealed, only overall ratings end of the 90 day period to determine if a "Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitrationMeets Standards" rating has been achieved.
1. If an employee receives a rating is successfully appealed"Meets Standards" evaluation during the re- evaluation process, he/she shall be eligible for the denied Step and/or salary increase effective from the date of receiving the "Meets Standards" rating.
2. At the end of the re-evaluation period, an employee who continues to receive a "Needs Improvement or Does Not Meet Standards" rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible able to be processed through the first two steps make a one-time appeal of the re-evaluation rating to the Tripartite Panel. This appeal processmust be filed at the President's level within 10 days of the re- evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of the original "Needs Improvement or Does Not Meet Standards" review.
a. ▇. ▇▇▇▇▇▇▇ or not an employee receives a "Needs Improvement or Does Not Meet Standards" rating during the re-evaluation process, his/her anniversary date for Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will purposes shall not be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessaryretarded.
(2) Stage 2 Appeal –Human Resources E. Job duties and PEA will meet performance criteria shall be observable and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior measurable to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsextent practicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees a. There shall be an appeal procedure for an unsatisfactory or needs improvement overall score on the performance evaluation of the negotiations unit member.
b. A unit member may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission that portion of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations performance evaluation which results in the removal denial of an annual evaluation, a merit increase by filing a request for review within thirty (30) calendar days of receipt of the evaluation rating will default to Not Evaluated and the employee will be considered to have an overall Effective rating for the purpose of all Human Capital and salary decisions.
15.11-1 While the Stage 2 may be being appealed, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and by September 30 following the score on Fiscal Year to which the evaluation precludes an instructional employee from receiving Performance Payapplies, may be submitted for arbitrationwhichever is later. If a rating is successfully appealed, the rating The request shall be corrected and filed with the evaluation recalculated. Overall ratings that are Developing (in Office of University Labor Relations, who shall provide copies to the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process.
a. Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Executive Director of the Human Resource Services Division that AAUP-AFT and the Appeals Panel established by this subsection.
c. The review shall be by an Appeals Panel comprised of two persons designated by the Executive Director of the AAUP-AFT, two persons designated by the University, and a concern exists person designated jointly by the Executive Director of the AAUP- AFT and they choose to appeal their Stage 1 resultsthe University, who shall be the chair of the Appeals Panel. The Executive Director of the AAUP-AFT and University shall designate substitute person(s) for the Appeals Panel in cases in which the originally designated person(s) cannot hear the matter because of a conflict of interest.
d. The Appeals Panel shall schedule the review at a mutually convenient time. The parties will meet may make written submissions to discuss the concerns Appeals Panel no later than 5 work seven (7) calendar days (day 185) after the last student contact day. A decision will be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessary.
(2) Stage 2 Appeal –Human Resources and PEA will meet and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior to the date to report data scheduled for review. The Panel may request additional information from the faculty member and/or supervisor who performed the evaluation.
e. The Appeals Panel shall issue its decision to the FLDOEparties, the Executive Director of the AAUP-AFT and the Office of University Labor Relations within thirty (30) calendar days following the date of the review, and the decision shall be final and binding on all parties.
f. If the Appeals Panel sustains the appeal and agrees that the unit member's performance was at a level of meets expectations/satisfactory or better in the area(s) of the performance evaluation which caused the negotiations unit member not to be eligible for a merit increase (as set forth above in Sections II.B.1. This conference window and II.B.5.a.), the appellant shall receive a merit increase (in such years where there is a merit increase program) within the range for such increases applicable to the year in question; the Appeals Panel shall make a recommendation for the amount of the merit increase, and the recommendation will be flexible forwarded to allow the maximum time Chancellor of RBHS who will decide upon the amount of the merit increase consistent with the range set forth in Section II. B. 3. The decision of the Chancellor as to prepare the amount of the merit increase will be final and binding. The recommendation of the Appeals Panel and the decision of the Chancellor regarding the merit increase will be provided to the parties and the Executive Director of the AAUP-AFT. If the Appeals Panel does not sustain the appeal and agrees that the unit member's performance in the area(s) which resulted in the denial of the merit increase was less than meets expectations/satisfactory, the unit member shall receive no merit adjustment for the appealsyear in question.
g. The Appeals Panel, the AAUP-AFT and the University shall hold in strict confidence all materials supplied to the Panel, the Panel's decisions and recommendations, and the decisions of the Chancellor.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees may
A. If a “Does Not Meet Standards” rating is received, the employee has the following choices:
1. a one-time appeal using an expedited option to a Tripartite Evaluation Appeal Panel (either before or after the re-evaluation period), or 2. a ninety (90) day re-evaluation period.
B. An appeal procedure limited to 3 stepsof the original evaluation shall be initiated at the President’s level within twenty-one 21 days. Appeals shall be held by a Tripartite panel consisting of one (1) DocuSign Envelope ID: Step A00CA88C-20FA-4010-9B87-043F9413CB11 DocuSign Envelope ID: DD682142-0EB2-408F-94F5-A627EDCF09ED person designated by the Union, one (1, Step 2) person designated by Management, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one
(1) mutually agreed upon neutral third party.
1. The standard of review to be applied by the Panel shall be solely limited to whether the final performance rating of “Does Not Meet Standards” was justified.
2. The decision of the Tripartite panel shall be final and available arbitrators to hear multiple cases binding.
3. Any employee having a “Does Not Meet Standards” rating overturned shall be made whole in as prompt a daymanner as possible.
4. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results Any decision in the removal favor of an annual evaluation, the evaluation rating will default to Not Evaluated and the employee will be considered effective from the month of the appeal forward.
C. The re-evaluation period shall be ninety (90) days in length. An employee shall have his/her re-evaluation done at the end of the ninety (90) day period to have determine if a “Meets Standards” rating has been achieved.
1. If an overall Effective rating employee receives a “Meets Standards” evaluation during the re-evaluation process, he/she shall be eligible for the purpose denied Step and/or salary increase effective from the date of all Human Capital and salary decisionsreceiving the “Meets Standards” rating.
15.112. At the end of the re-1 While the Stage 2 may be appealedevaluation period, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If who continues to receive a rating is successfully appealed, the “Does Not Meet Standards” rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible able to be processed through the first two steps make a one-time appeal of the re- evaluation rating to the Tripartite Panel. This appeal processmust be filed at the President’s level within ten (10) days of the re-evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of the original “Does Not Meet Standards” review.
a. D. Whether or not an employee receives a “Does Not Meet Standards” rating during the re- evaluation process, his/her anniversary date for Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will purposes shall not be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessaryretarded.
(2) Stage 2 Appeal –Human Resources E. Job duties and PEA will meet performance criteria shall be observable and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior measurable to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsextent practicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees may A. If a “Does Not Meet Standards” rating is received, the employee has the following choices:
1. a one-time appeal using an expedited option to a Tripartite Evaluation Appeal Panel (either before or after the re-evaluation period), or 2. a ninety (90) day re-evaluation period.
B. An appeal procedure limited to 3 steps: Step of the original evaluation shall be initiated at the President’s level within twenty-one 21 days. Appeals shall be held by a Tripartite panel consisting of one (1) person designated by the Union, Step 2one (1) person designated by Management, and Arbitration. The Arbitration step will be an expedited process with no submission of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of one (1) mutually agreed upon neutral third party.
1. The standard of review to be applied by the Panel shall be solely limited to whether the final performance rating of “Does Not Meet Standards” was justified.
2. The decision of the Tripartite panel shall be final and available arbitrators to hear multiple cases binding.
3. Any employee having a “Does Not Meet Standards” rating overturned shall be made whole in as prompt a daymanner as possible.
4. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations results Any decision in the removal favor of an annual evaluation, the evaluation rating will default to Not Evaluated and the employee will be considered effective from the month of the appeal forward.
C. The re-evaluation period shall be ninety (90) days in length. An employee shall have his/her re-evaluation done at the end of the ninety (90) day period to have determine if a “Meets Standards” rating has been achieved.
1. If an overall Effective rating employee receives a “Meets Standards” evaluation during the re-evaluation process, he/she shall be eligible for the purpose denied Step and/or salary increase effective from the date of all Human Capital and salary decisionsreceiving the “Meets Standards” rating.
15.112. At the end of the re-1 While the Stage 2 may be appealedevaluation period, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If who continues to receive a rating is successfully appealed, the “Does Not Meet Standards” rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible able to be processed through the first two steps make a one-time appeal of the re- evaluation rating to the Tripartite Panel. This appeal processmust be filed at the President’s level within ten (10) days of the re-evaluation. Such appeal may not be filed if the employee has already filed an appeal at the time of the original “Does Not Meet Standards” review.
a. D. Whether or not an employee receives a “Does Not Meet Standards” rating during the re- evaluation process, his/her anniversary date for Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 results. The parties will meet to discuss the concerns no later than 5 work days (day 185) after the last student contact day. A decision will purposes shall not be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessaryretarded.
(2) Stage 2 Appeal –Human Resources E. Job duties and PEA will meet performance criteria shall be observable and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior measurable to the date to report data to the FLDOE. This conference window will be flexible to allow the maximum time to prepare for the appealsextent practicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Evaluation Appeal Process. Instructional employees a. There shall be an appeal procedure for an unsatisfactory or needs improvement Overall score on the performance evaluation of the negotiations unit member.
b. A unit member may appeal using an expedited appeal procedure limited to 3 steps: Step 1, Step 2, and Arbitration. The Arbitration step will be an expedited process with no submission that portion of briefs and the arbitrator will issue a written decision. Expedited Arbitration will include setting a panel of mutually agreed upon and available arbitrators to hear multiple cases in a day. Although we are using an expedited arbitration process, each side retains the right to use all remedies available to them under state and federal law. If a serious procedural violations performance evaluation which results in the removal denial of a merit increase and which would result in a Salary Adjustment Based on Evaluation as set forth in part D below by filing a
c. The review shall be by an annual evaluationAppeals Panel comprised of two persons designated by the NJEA, two persons designated by the evaluation rating will default to Not Evaluated University, and a person designated jointly by the NJEA and the employee will University, who shall be considered to have an overall Effective rating the chair of the Appeals Panel. The NJEA and University shall designate substitute person(s) for the purpose Appeals Panel in cases in which the originally designated person(s) cannot hear the matter because of all Human Capital and salary decisionsa conflict of interest.
15.11-1 While d. The Appeals Panel shall schedule the Stage 2 may be appealed, only overall ratings of Needs Improvement or Unsatisfactory or when Performance Pay is implemented and the score on the evaluation precludes an instructional employee from receiving Performance Pay, may be submitted for arbitration. If review at a rating is successfully appealed, the rating shall be corrected and the evaluation recalculated. Overall ratings that are Developing (in the first three years of employment) or Effective are only eligible to be processed through the first two steps of the appeal process.
a. Step 1
(1) Stage 1 Appeal – No later than the 175th day of student contact, the instructional employee must file using the jointly approved method communicated to all employees with their principal and copy the principal’s supervisor, PEA, and the Senior Director of the Human Resource Services Division that a concern exists and they choose to appeal their Stage 1 resultsmutually convenient time. The parties will meet may make written submissions to discuss the concerns Appeals Panel no later than 5 work seven (7) calendar days (day 185) after the last student contact day. A decision will be issued in writing within three (3) work days. The District and PEA may adjust the above timelines by mutual agreement if necessary.
(2) Stage 2 Appeal –Human Resources and PEA will meet and set the timeline for Stage 2 Appeals by the 10th contract day of the school year and be noticed to all employees. This timeline will take into effect that the entire process, including arbitrations must be completed before the FLDOE report date. Teachers of courses assessed by a State VAM formula will have scheduling priority to ensure their appeal is completed prior to the date to report data scheduled for review. The Panel may request additional information from the parties.
e. The Appeals Panel shall issue its decision to the FLDOEparties, the NJEA and the Executive Director of Academic Labor Relations within thirty (30) calendar days following the date of the review, and the decision shall be final and binding on all parties.
f. If the Appeals Panel sustains the appeal and agrees that the unit member's performance was at a level of meets expectations/satisfactory or better in the area(s) of the performance evaluation which caused the negotiations unit member not to be eligible for a merit increase (as set forth above in Sections II.B.1. This conference window and II.B.5.a.) and which would result in a Salary Adjustment Based on Evaluation as set forth in part D below, the appellant shall receive a merit increase (in such years where there is a merit increase program) within the range for such increases applicable to the year in question; the Appeals Panel shall make a recommendation for the amount of the merit increase, and the recommendation will be flexible forwarded to allow the maximum time Chancellor of RBHS who will decide upon the amount of the merit increase consistent with the range set forth in Section II. B. 3. The decision of the Chancellor as to prepare for the appeals.amount of the merit increase will be final and binding. Moreover, the appellant shall not be subject to a Salary Adjustment Based on Evaluation as set forth in part D below. The recommendation of the Appeals Panel and the decision of the Chancellor regarding the merit increase will be provided to the parties and the NJEA. If the Appeals Panel does not sustain the appeal and agrees that the unit member's performance in the area(s) which resulted in the denial of the merit increase and/or which would have resulted in a Salary Adjustment Based on Evaluation as set forth in Section D below was less than meets expectations/satisfactory, the unit member shall receive no merit
Appears in 1 contract
Sources: Memorandum of Agreement