Common use of Appeal Procedures Clause in Contracts

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 reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

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: : A. 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 Association to the head Commissioner of the employing department or agencyDepartment of Corrections, setting forth the reasons the employee disagrees with the Employer's ’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 Department shall respond in writing within fifteen (15) working days after receipt of the appeal. . B. Level Two: In the event the matter is not resolved at Level One, the Union Association may advance the appeal to the Director of the Division of Labor RelationsPersonnel, Department of Administration. 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 Association desires to be considered by the DirectorDirector of the Division of Personnel. 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 ’s job description and class specification. The Director shall respond to the appeal in writing within fifteen twenty (1520) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union Association and the employing department or agency Department of Corrections shall be so notified concurrently, together with the rationale for the Director's ’s determination. . C. Level Three: In the event that the Director of the Division of Personnel does not grant the appeal, the Union Association 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 Personnel within fifteen ten (1510) working days after the receipt of the denial at Level Two. The request may include additional argument arguments in support of the Union's Association’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 ten (1510) working days of receipt of the Union's requestAssociation’s requests. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewablenon reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

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 RelationsPersonnel. 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 Personnel 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 reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

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 Personnel and 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 Personnel and 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 reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

Appeal Procedures. 3030 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 reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

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 that fails to grant a performance incentive. The appeal must be made in writing through the Union union to the head of the employing department or agency, setting forth the reasons the employee disagrees with the Employeremployer'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 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 that the Union 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 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 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 Unionunion'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 Unionunion's request. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

Appeal Procedures. In instances in which an employee has not been awarded a performance incentiveincentive or pay increment, the following shall be the sole and exclusive method for resolution: : A. 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 incentiveincentive or pay increment. The appeal must be made in writing through the Union Association to the head Commissioner of the employing department or agencyDepartment of Corrections, setting forth the reasons the employee disagrees with the Employer's ’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 Department shall respond in writing within fifteen (15) working days after receipt of the appeal. . B. Level Two: In the event the matter is not resolved at Level One, the Union Association may advance the appeal to the Director of the Division of Personnel and Labor Relations, Department of Administration. 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 Association desires to be considered by the DirectorDirector of the Division of Personnel and Labor Relations. 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 ’s job description and class specification. The Director shall respond to the appeal in writing within fifteen twenty (1520) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union Association and the employing department or agency Department of Corrections shall be so notified concurrently, together with the rationale for the Director's ’s determination. . C. Level Three: In the event that the Director of the Division of Personnel and Labor Relations does not grant the appeal, the Union Association 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 Personnel and Labor Relations within fifteen ten (1510) working days after the receipt of the denial at Level Two. The request may include additional argument arguments in support of the Union's Association’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 ten (1510) working days of receipt of the Union's requestAssociation’s requests. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewablenon-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the partieslosing party.

Appeal Procedures. In instances in which an employee has not been awarded a performance incentiveincentive or pay increment, the following shall be the sole and exclusive method for resolution: : A. 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 incentiveincentive or pay increment. The appeal must be made in writing through the Union Association to the head Commissioner of the employing department or agencyDepartment of Corrections, setting forth the reasons the employee disagrees with the Employer's ’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 Department shall respond in writing within fifteen (15) working days after receipt of the appeal. . B. Level Two: In the event the matter is not resolved at Level One, the Union Association may advance the appeal to the Director of the Division of Personnel and Labor Relations, Department of Administration. 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 Association desires to be considered by the DirectorDirector of the Division of Personnel and Labor Relations. 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 ’s job description and class specification. The Director shall respond to the appeal in writing within fifteen twenty (1520) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union Association and the employing department or agency Department of Corrections shall be so notified concurrently, together with the rationale for the Director's ’s determination. . C. Level Three: In the event that the Director of the Division of Personnel and Labor Relations does not grant the appeal, the Union Association 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 Personnel and Labor Relations within fifteen ten (1510) working days after the receipt of the denial at Level Two. The request may include additional argument arguments in support of the Union's Association’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 ten (1510) working days of receipt of the Union's requestAssociation’s requests. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewablenon reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

Appeal Procedures. ‌ In instances in which an employee has not been awarded a performance incentiveincentive or pay increment, the following shall be the sole and exclusive method for resolution: : A. 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 incentiveincentive or pay increment. The appeal must be made in writing through the Union Association to the head Commissioner of the employing department or agencyDepartment of Corrections, setting forth the reasons the employee disagrees with the Employer's ’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 Department shall respond in writing within fifteen (15) working days after receipt of the appeal. . B. Level Two: In the event the matter is not resolved at Level One, the Union Association may advance the appeal to the Director of the Division of Personnel and Labor Relations, Department of Administration. 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 Association desires to be considered by the DirectorDirector of the Division of Personnel and Labor Relations. 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 ’s job description and class specification. The Director shall respond to the appeal in writing within fifteen twenty (1520) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union Association and the employing department or agency Department of Corrections shall be so notified concurrently, together with the rationale for the Director's ’s determination. . C. Level Three: In the event that the Director of the Division of Personnel and Labor Relations does not grant the appeal, the Union Association 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 Personnel and Labor Relations within fifteen ten (1510) working days after the receipt of the denial at Level Two. The request may include additional argument arguments in support of the Union's Association’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 ten (1510) working days of receipt of the Union's requestAssociation’s requests. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewablenon-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

Appeal Procedures. In instances in which an employee has not been awarded a performance incentiveincentive or pay increment, the following shall be the sole and exclusive method for resolution: : A. 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 incentiveincentive or pay increment. The appeal must be made in writing through the Union Association to the head Commissioner of the employing department or agencyDepartment of Corrections, setting forth the reasons the employee disagrees with the Employer's ’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 Department shall respond in writing within fifteen (15) working days after receipt of the appeal. cited in Xxxxxxx x. Xxxxxxx, No. 09-55907 archived on March 13, 2014 B. Level Two: In the event the matter is not resolved at Level One, the Union Association may advance the appeal to the Director of the Division of Personnel and Labor Relations, Department of Administration. 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 Association desires to be considered by the DirectorDirector of the Division of Personnel and Labor Relations. 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 ’s job description and class specification. The Director shall respond to the appeal in writing within fifteen twenty (1520) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union Association and the employing department or agency Department of Corrections shall be so notified concurrently, together with the rationale for the Director's ’s determination. . C. Level Three: In the event that the Director of the Division of Personnel and Labor Relations does not grant the appeal, the Union Association 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 Personnel and Labor Relations within fifteen ten (1510) working days after the receipt of the denial at Level Two. The request may include additional argument arguments in support of the Union's Association’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 ten (1510) working days of receipt of the Union's requestAssociation’s requests. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewablenon reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

Appeal Procedures. In instances in which an employee has not been awarded a performance incentiveincentive or pay increment, the following shall be the sole and exclusive method for resolution: : A. 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 incentiveincentive or pay increment. The appeal must be made in writing through the Union Association to the head Commissioner of the employing department or agencyDepartment of Corrections, setting forth the reasons the employee disagrees with the Employer's ’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 Department shall respond in writing within fifteen (15) working days after receipt of the appeal. . B. Level Two: In the event the matter is not resolved at Level One, the Union Association may advance the appeal to the Director of the Division of Personnel and Labor Relations, Department of Administration. 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 Association desires to be considered by the DirectorDirector of the Division of Personnel and Labor Relations. 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 ’s job description and class specification. The Director shall respond to the appeal in writing within fifteen twenty (1520) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Union Association and the employing department or agency Department of Corrections shall be so notified concurrently, together with the rationale for the Director's ’s determination. . C. Level Three: In the event that the Director of the Division of Personnel and Labor Relations does not grant the appeal, the Union Association 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 Personnel and Labor Relations within fifteen ten (1510) working days after the receipt of the denial at Level Two. The request may include additional argument arguments in support of the Union's Association’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 ten (1510) working days of receipt of the Union's requestAssociation’s requests. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewablenon-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

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 that fails to grant a performance incentive. The appeal must be made in writing through the Union union to the head of the employing department or agency, setting forth the reasons the employee disagrees with the Employeremployer'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 union may advance the appeal to the Director of the Division of Labor RelationsPersonnel. 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 that the Union 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 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 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 Personnel within fifteen (15) working days after receipt of the denial at Level Two. The request may include additional argument in support of the Unionunion'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 Unionunion's request. The submission shall include all documents and written arguments reviewed by the Director at Level Two. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) calendar days after receipt of the appeal. The decision shall be binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.