MEMORANDUM ON TESTING Sample Clauses

MEMORANDUM ON TESTING. 30 1. The Union and the Company agree that where tests are used by the Company as 31 an aid in making pre-selection determinations of the “ability to perform work” of 32 a craft or, as may be agreed, a non-craft employee or in assessing the completion 33 of training of an employee (craft or non-craft), such a test must in all events be: 34 a) job related, 35 b) in accordance with Article 22 (Equal Opportunity), and 36 c) uniformly applied within the plant and based on the minimum passing 37 grade that is required to determine “ability to perform work.” 1 2. A job-related test, whether oral, written or in the form of an actual work 2 demonstration, is one which measures whether an employee can satisfactorily 3 meet the specific requirements of that job including the ability to absorb any 4 training which may necessarily be provided in connection with that job. A written 5 test may not be used unless it is the better way to measure the comprehension and 6 skills required for such job. 7 3. Testing procedure shall in all cases include notification to an employee of his 8 deficiencies and an offer to counsel him as to how he may overcome such 9 deficiencies. 10 4. Where, in accordance with this Agreement, a test is used by the Company as an 11 aid in making a determination of the “ability to perform work” of an employee 12 and where the use of the test is challenged properly in the grievance procedure, 13 the following is hereby agreed to: 14 a) The Company will furnish to a designated representative of the 15 International Union either the test itself or examples of test questions, 16 certified by a testing agency as equivalent in any relevant respects to 17 questions used in the disputed test and sufficient in number to evaluate the 18 test, and all such background and related materials as may be relevant and 19 available. In cases where all or part of the test is non-written, a complete 20 description of the test shall be provided along with all such background 21 and related materials as may be relevant and available. 22 b) All such test questions and materials will be held in strictest confidence 23 and will not be copied or disclosed to any other person: provided that such 24 test questions and materials may be disclosed to an expert in the testing 25 field for the purpose of preparation of the Union's position in the 26 grievance procedure to an arbitrator, if the case proceeds to that step. All 27 test questions and materials will be returned to the Co...