Common use of APPEALS OF PERFORMANCE STANDARDS AND RATINGS Clause in Contracts

APPEALS OF PERFORMANCE STANDARDS AND RATINGS. 1. Consistent with N.J.A.C 4A:2-3.4, the Union or an employee may appeal performance standards or a final PAR rating of Unsatisfactory or Commendable as a non-contractual grievance in accordance with the grievance procedure set forth in Article 4 of this Agreement. 2. In the event the non-contractual grievance has not been satisfactorily resolved at Step One of the grievance procedure, the Union or an employee may appeal a Step One decision to the PAR Joint Union Management Panel within 10 calendar days of receipt of the written decision at Step One, or a lack of timely response by the appointing authority. The appeal shall be accompanied by material presented at Step One and any written records or decisions from Step One. a. The Joint Union Management Panel shall consist of one individual selected by the State, one individual selected by the Union and one neutral individual jointly selected by the State and the Union. If the State and the Union cannot agree upon a neutral, the parties shall utilize the procedures of the Public Employment Relations Commission for the selection of a neutral. b. The panel shall meet, provided there are at least four appeals to be heard. The panel shall meet one additional day each month for every four additional appeals to be heard. When in any month there is no meeting because there are fewer than four appeals to be heard, there shall be a meeting the following month, so long as there are any cases to be heard. c. The State and the Union panel members shall discuss each appeal on the agenda and, with the assistance of the neutral panel member, attempt to jointly resolve the appeal. d. If the State and Union cannot come to a joint resolution, the appeal shall be heard by the full panel. At any appeal hearing, the employee may be represented by a designated union representative as defined in Article 4 of this Agreement.