Appeal Procedures. A. Employees may appeal discipline imposed under this LOA through the Dispute Resolution Procedure contained in the Collective Bargaining Agreement (i.e. grievance procedure) or to the Minneapolis Civil Service Commission.
B. Concerning disciplinary actions taken pursuant to this drug and alcohol testing LOA, available Civil Service Commission appeal procedures are as follows:
Appeal Procedures. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as provided in Article 17. However, oral reprimands are excluded from the grievance procedure. The Union shall have the right to take up a suspension, demotion, and/or discharge as a grievance at the third step of the grievance procedure and the matter shall be handled in accord with this procedure through the arbitration step if deemed necessary. The termination of unclassified employees is not subject to the arbitration provisions of Article 17 (Grievance Procedure).
Appeal Procedures. 3.1) The appeal procedure may be used by incumbents, the Union, or the Employer after the job description and job rating has been completed as per section 2 (Evaluations) and either party feels that the job description is inadequate or the rating for the job is incorrect. Steps in the Appeal Procedure are as follows:
3.1.1) When there is a concern that the job description is inadequate or the rating is incorrect, it shall be referred to the Committee, who may discuss the matter with the incumbent(s) and the Employer. Concerns should be referred to the Committee as soon as possible after they become apparent.
3.1.2) If the Committee agrees to a change in the evaluation, it shall be revised and implemented accordingly.
3.1.3) If the Committee does not agree that a discrepancy exists, the Committee will so advise the parties.
3.1.4) If the parties involved do not accept the Committee’s decision, the Union or Employer may pursue the matter through the arbitration process.
3.1.5) When a job evaluation is changed by the foregoing process, it shall be implemented retroactively to the date as in 2.2.6.
Appeal Procedures. Any permanent, probationary, or career-exempt employee who is laid off, demoted, or reassigned as a result of layoff who believes that the layoff procedure has been improperly administered as it pertains to the employee's case may appeal the action under Section 35 (Grievances). In addition, employees may, at all times before, during, and subsequent to layoff, review all records, including seniority lists, reemployment priority lists, documentation pertaining to appointments under the Flexible Placement Program, etc., which pertain to their classification and their rights under the provisions of the layoff policy.
Appeal Procedures. In instances in which an employee has not been awarded a performance incentive, the following shall be the sole and exclusive method for resolution: Level One: The employee must appeal within fifteen (15) working days after receipt of a copy of the finalized evaluation which fails to grant a performance incentive. The appeal must be made in writing through the Union to the head of the employing department or agency, setting forth the reasons the employee disagrees with the Employer's action, and the appeal must bear a postmark or date stamp showing that it has been timely filed. The head of the employing department or agency shall respond in writing within fifteen (15) working days after receipt of the appeal. Level Two: In the event the matter is not resolved at Level One, the Union may advance the appeal to the Director of the Division of Labor Relations. The appeal must be submitted in writing within fifteen (15) working days after the response at Level One is due or received, whichever is earlier, and must include all evidence and arguments which the Union desires to be considered by the Director. The Director shall review the appeal in conjunction with the subject performance evaluation and any rebuttal thereto, the Level One appeal and response, pertinent related performance documents and statements, the employee's job description and class specification. The Director shall respond to the appeal in writing within fifteen (15) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union and the employing department or agency shall be so notified concurrently, together with the rationale for the Director's determination. Level Three: In the event that the Director does not grant the appeal, the Union may advance the appeal to the neutral third (3rd) party selected in accordance with the procedures below by submitting a written request to the Director of the Division of Labor Relations within fifteen (15) working days after receipt of the denial at Level Two. The request may include additional argument in support of the Union's position, to which the Director may make a written response; neither party shall submit new evidence in conjunction with these written statements. The Director shall forward copies of the Level Two and Three appeals and responses to the neutral third (3rd) party within fifteen (15) working days of receipt of the Union's request. The submission shall include all documents and written arguments r...
Appeal Procedures. Appeals concerning furloughs or voluntary unpaid time off are excluded from appeal under this section and are appealable as provided elsewhere in this Agreement.
Appeal Procedures. Except as otherwise required by the State Merit System for employees covered thereby, the below-listed procedures shall be the exclusive means of appeal available to a disciplined employee, depending on the severity of discipline proposed. Disciplinary action may be taken prior to the completion of any of the listed appeals procedures.
Appeal Procedures. Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure as provided in this Agreement except that oral reprimands are able to be appealed only through Step 2 of the grievance procedure. The Union reserves the right to initiate a grievance at Step 2 of the grievance procedure for all disciplinary action other than a written or oral reprimand. Upon mutual agreement of the parties, a grievance may be initiated at Step 3.
Appeal Procedures. 16.02.01 If the employee feels they have been unjustly dealt with, they shall have the right to initiate an appeal or to request the Union to initiate an appeal on their behalf under this Article. Throughout the procedures the employee shall have the right to be represented by the Union. The employee may, however, handle the matter on their own behalf if they so desire, including arbitration, in accordance with such special procedures as may be arranged between the employee and the Company. In such cases, the employee shall have to assume all fees and expenses involved in the process, including arbitration.
16.02.02 Throughout the appeal procedures, the employee or the Union shall be given full opportunity to present evidence and make representation.
Appeal Procedures a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision of the Xxxxxxx and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic;
ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional libr...
