Merit Appeal System Clause Samples

Merit Appeal System a. A member of the bargaining unit denied merit award inconsistent with performance shall, with the formal support of the Union, have a limited right to appeal the denial of award to the Merit Appeal Committee (The Committee). The Committee shall consist of the following representatives: i. University General Counsel (ex officio). ii. Two representatives selected by OPEIU. iii. Two representatives selected by NJIT. In the case of deadlock, The Committee will select a 5 member of the university community, by consensus, to break the deadlock. If a mutual selection cannot be made, the parties will utilize the New Jersey Public Employment Relations Commission (PERC) procedures for selecting an arbitrator who will hear the appeals and break all deadlocks. The 5 member of The Committee will review the record and will not hear appeals anew. b. The Committee will hear appeals and render its decision on a majority basis within thirty (30) days of hearing. The employee appealing must prove with credible evidence, that the decision not to award merit to the employee, was both inconsistent with noticed performance expectations, performance demonstration and policy guidelines as set out, and in accordance with Article XL, Employee Performance Evaluation. The appeal must be in writing and state, with particularity, the evidence of improper action that proves a denial of merit was improper. The Committee will review the submission, determine if there exists a credible claim entitling an appellant to a hearing and notify the appellant of its decision as to whether a hearing will be provided or a decision rendered on the written claim. Where possible, hearings will be avoided and the decision will be based upon the written record. c. No more than ten (10) appeals may be advanced by the Union during any one awarding period (1 year) under this Agreement. d. An appeal must be filed by the Union on behalf of the employee within two (2) weeks of notice of award. All appeals are to be registered with NJIT’s Department of Human Resources. All appeals will be heard together and within thirty (30) days of the end of the filing period. e. An employee who loses two (2) consecutive appeals will be barred from appealing for the ensuing year of merit awarding. f. A successful appellant’s award shall be deducted from the ensuing merit pool. g. A merit Program Review Committee shall be established to review and make recommendations for improvements to the Program. The Merit Program Review...