Evaluation Process
A. The immediate supervisor will meet with an employee at the start of their review period to discuss performance expectations. The employee will receive copies of their performance expectations as well as notification of any modifications made during the review period. Employee work performance will be evaluated during probationary, trial service and transition review periods and at least annually thereafter. Notification will be given to a probationary or trial service employee whose work performance is determined to be unsatisfactory.
B. The supervisor will discuss the evaluation with the employee. The employee will have the opportunity to provide feedback on the evaluation. The discussion may include such topics as:
1. Reviewing the employee’s performance;
2. Identifying ways the employee may improve their performance;
3. Updating the employee’s position description, if necessary;
4. Identifying performance goals and expectations for the next appraisal period; and
5. Identifying employee training and development needs.
C. The performance evaluation process will include, but not be limited to, a written performance evaluation on forms used by the Employer, the employee’s signature acknowledging receipt of the forms, and any comments by the employee. A copy of the performance evaluation will be provided to the employee at the time of the review. A copy of the final performance evaluation, including any employee or reviewer comments, will be provided to the employee. The original performance evaluation forms, including the employee’s comments, will be maintained in the employee’s personnel file.
D. If an employee disagrees with their performance evaluation, the employee has the right to attach a rebuttal.
E. The performance evaluation process is subject to the grievance procedure in Article 30. The specific content of a performance evaluation is not subject to the grievance procedure.
F. Performance evaluations will not be used to initiate personnel actions such as transfer, promotion, or discipline.
Statement of Grievance The grievance shall contain a statement of:
1. Specific situation, act or acts complained of as violation of this Agreement, or written rules, regulations or policies;
2. The damage suffered by the employee; and
3. The relief sought.
COMPLAINT AND GRIEVANCE PROCEDURE 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated or whenever an employee who has completed the required probationary period and has been accepted by the Employer for employment in the permanent service, claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the grievance, the grievance procedure set forth below shall apply.
9.02 The Association shall name, appoint or otherwise select a Grievance Committee of no more than three (3) who shall be members of the Association and shall have reached at least the rank of First Class Fire Fighter and other advisors as deemed necessary at the expense of the Association. The Employer shall recognize and deal with the Grievance committee with respect to any matter or dispute which properly arises from a breach of the Collective Agreement from time to time during its term. This committee shall suffer no loss as a result of their attendance at such grievance meetings, hearings, etc.
9.03 No grievance will be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the submission of the grievance.
Step 1 - An employee having a grievance will take the matter up through their Association representative. The President or designate shall contact Fire Management to seek a resolution.
Step 2 - If the grievance is not settled within five (5) working days, the Association shall submit the matter in writing to the Fire Chief or designate within five (5) working days of receiving the reply from Step 1. The Fire Chief or designate shall render the written decision to the Association within five (5) working days after receiving the written grievance. In the context of this Article a working day shall be deemed to be Monday to Friday excluding designated holidays.
Step 3 - If the reply of the Fire Chief is not acceptable to the Association the grievance may be referred to the Chief Administrative Officer (CAO) or the Director of Human Resources within five (5) working days of the written decision of the Fire Chief. The CAO or the Director of Human Resources, who together with the Fire Chief and any other advisors deemed necessary, shall meet with the Association Representatives within 5 working days to consider the grievance. Within five (5) working days of the aforesaid, the CAO or the Director of Human Resources will render a written reply to the employee and the Association.
Step 4 - If no resolve is reached at Step 3, the matter shall be submitted to arbitration. Notice shall be given within 5 business days. The parties agree that, for the purposes of this collective agreement the words of the expedited arbitration provisions of the Labour Relations Act, 1995 as amended (Section 49), will be deemed to have been incorporated into this collective agreement. Accordingly and notwithstanding any other provisions of this article (the grievance/arbitration provisions); either party may refer a grievance to expedited arbitration in accordance with the provisions of Section 49. The parties further agree that neither party will raise any jurisdictional or other objection to the application of Section 49 to a grievance under this collective agreement as it pertains to the right to an expedited arbitration. Either party is entitled however, to raise any objection, with the arbitrator with respect to whether the provisions of Section 49 have been properly utilized in respect of any specific grievance (e.g. objections with respect to time limits etc.). Such an appointment by the Minister of Labour or his or her designate will be determined to be a joint appointment in accordance with Section 53(3) of the Fire Protection and Prevention Act.
9.04 Extensions to the time limits in 9.03 may not be unreasonably withheld.
9.05 The employee in all steps of the grievance procedure shall be confined to the grievance and redress sought as set forth in the written grievance initially filed as provided.
Evaluation Procedure 6.1.1 The established evaluation form is to be prepared by the immediate supervisor under whom the bargaining unit member has served for sixty (60) working days or more. (See evaluation form attached as Appendix B.) The immediate supervisor is to present a draft of an evaluation report to the bargaining unit member in private and discuss the report with the bargaining unit member being evaluated. The evaluation shall be based upon direct observation by the immediate supervisor or verified facts. Evaluation reports reflecting “Needs Improvement” or “Does not meet standards” ratings shall include statements of deficiencies and recommendations for improvements, in writing, by the evaluator. The signature by the bargaining unit member does not indicate the employee’s agreement with the ratings; it indicates that the employee has received a copy.
6.1.1.1 Permanent employees shall be evaluated annually.
6.1.1.2 Probationary employees shall be evaluated at least once during the probationary period, prior to the end of the fourth month.
6.1.2 Evaluation reports reflecting “Needs Improvement” or “Does Not Meet Standards” ratings shall be placed in the bargaining unit member’s personnel file only after written notification by the supervisor that the bargaining unit member has been given an opportunity to prepare a written response to such evaluation. Prior to evaluation reports reflecting any “Needs Improvement” or “Does Not Meet Standards” ratings the evaluator is encouraged to implement a Performance Improvement Plan. (See Performance Improvement Plan form attached as Appendix C.)
6.1.3 A bargaining unit member has the right to attach a response to the employee’s evaluation provided that such written response is submitted to the employee's supervisor within fifteen (15) days of the employee's receipt of the evaluation. Any timely received response shall be attached to, and become a permanent part of, the employee's evaluation.
6.1.4 Evaluatees may, within ten (10) working days, present the employee’s objections to the evaluation decision to the Director Personnel Services. Grounds for the objections shall be based on one or more of the following: (1) the evaluation was not based on fact; (2) the evaluation was based on discriminatory standards; (3) the evaluation was not conducted in conformance with this Article. Within ten (10) working days of receipt of such objection the Director Personnel Services shall hear the objections and render a decision whether to uphold the evaluation or rescind the evaluation.
6.1.5 The bargaining unit member's supervisor may, at any time, prepare a notice of commendation. The completed form is to be signed by the bargaining unit member to indicate receipt and the bargaining unit member shall be given a signed copy. The original notice is to be forwarded to the Personnel Services Office for filing.
6.1.6 Contents of evaluations are not subject to the grievance procedure of this Agreement, Article VII, but procedural violations are subject to the grievance procedure.
6.1.7 The probation period shall be defined as the initial six (6) month employment period.
6.1.8 In the event a permanent bargaining unit member is hired for a new position, and is subsequently released from probation under section 6.1.7, the employee will be returned to the employee’s previous classification.
6.1.9 The District, CSEA and the bargaining unit member may mutually agree to extend the probationary period of a bargaining unit member on an individual basis provided the extension is no longer than four (4) months.
Evaluation Procedures The following procedures for employee evaluation shall be utilized for the term of this Agreement:
1. Orientation materials related to evaluation procedures will be provided to all employees by the 10th school day.
2. Employees shall submit to their evaluator a complete listing of proposed objectives, and measurement activities related thereto, to be considered in the annual evaluation by the 25th school day.
3. The evaluator shall have completed by 30th school day annual objective setting conference with employee.
4. The evaluator shall by the 40th school day determine and shall provide the employee with a complete listing of actual objectives from those proposed by the evaluator and employee, and measurement activities from those proposed by the evaluator and employee, and measurement activities related thereto, that will be incorporated in the annual evaluation that the evaluator will prepare for the employee. The objectives and related measurement activities referred to herein shall be in accordance with the employee job description prescribed by the District. The District will make every attempt to have the number of objectives required to be uniform from site to site.
5. Within a reasonable time after the request, the evaluator shall be provided with a written progress report from the employee containing the latter's perception of the progress being made toward the achievement of the objectives prescribed in Item 3, above. During the course of the evaluation period, circumstances may change which may result in the modification of the original standards and objectives. These changes may be initiated by the supervisor or the employee. Agreement of both parties is required.
6. The evaluator, by the 145th school day, shall have conducted classroom observations in order to gather data on employee performance as the evaluator believes to be related to:
A. The actual objectives and measurement activities described in Item 3, above;
B. Other criteria for employee evaluation and appraisal that are established by the District ▇▇▇▇▇ Act Guidelines. At the discretion of the evaluator, tenured teachers may receive only one (1) formal instructional observation per year. Probationary teachers will receive two (2) formal instructional observations per year. Prior to conducting formal instructional observations regarding the teacher's duties related to the instructional objectives herein described, the teacher shall be notified of the observation prior to the beginning of the teacher's actual instructional day. Upon the request of the evaluatee or when, in the evaluator's judgment, additional instructional classroom observations are necessary, such observations may be conducted. Within a reasonable time, an employee shall be provided with a written statement regarding instructional observations that have been conducted. Such written statements shall contain a summary of the instructional activities observed, and any suggestions being made by the observer for possible improvement by the employee to include, but not be limited to, the following:
1) Specific directives for improvement
2) Assistance to implement such directives as
(a) Provisions of additional resources;
(b) Mandatory training programs designed to improve performance to be paid by the District. A final and written report of the achievement of objectives, and measurement information related thereto shall be submitted by the employee to the evaluator by the 140th school day.
7. The evaluator shall prepare a written District evaluation form of employee performance and transmit the evaluation to the employee. The employee may submit a written reaction or response to the evaluation and such response shall be attached to the evaluation and placed in the employee's permanent personnel file which shall be maintained in the District Office. Permanent employees shall be evaluated at least once every other year, and in no event later than 30 days before the last school day scheduled on the school calendar of the current school year. Probationary employees shall be evaluated at least once each year and in no event later than the 150th school day.
8. Employees who meet each of the following conditions shall be evaluated up to every five
