Common use of Appeals on Failure to Reinstate Clause in Contracts

Appeals on Failure to Reinstate. If an employee is not reinstated pursuant to the procedures outlined above, he may appeal in writing to the City within ten (10) days of receiving notice from the City that he is not to be reinstated. The following procedures shall then apply. The City and Union shall jointly ask their respective physicians to select a neutral, third licensed medical doctor to examine the employee. This additional examination shall be used to determine: 1. if the employee is able to perform the essential functions of the job with or without reasonable accommodation, and/or 2. if the employee requires reasonable accommodation, exactly what the accommodation shall be, and/or, 3. if the employee poses a direct threat to health or safety of the employee or others. The cost of providing this additional examination shall be borne by the party against whom the medical doctor rules, and shall include any fees charged by the original two (2) physicians in setting up this third medical review. The City shall provide the medical doctor and the Union a detailed list of the essential functions of the job. The examination must be job and condition related only, and will not necessarily be a full physical examination. The employee shall not be required to disclose the existence or the severity of any disability(ies) he may suffer from. However, if the employee is seeking reasonable accommodation for a disability, he shall identify the accommodation needed to the medical doctor. If the employee is found to be able to perform the essential functions of the job without special accommodation the medical doctor shall report this to the City, and the employee shall be reinstated to his position within seven (7) days of the receipt of the medical doctor's report by the City, and the Union shall be determined to be the prevailing party for purposes of determining who shall pay the medical doctor and physician's fees. If the employee is found to be able to perform the essential functions of the job but only with the use of special accommodations, the medical doctor shall report this to the City, and shall indicate exactly what special accommodations are required. Each party shall share equally in the medical doctor's fees and shall bear the cost of their own physician's fees. The City shall then determine whether the accommodations are reasonable and shall either: 1. Reinstate the employee to his position, as set forth above in this Article, or 2. Advise the employee in writing that he shall not be reinstated. 3. If the employee is found to be unable to perform the essential functions of the job with or without special accommodation the medical doctor shall report this to the City, and the City shall advise the employee in writing that he shall not be reinstated. The City shall be determined to be the prevailing party and the Union shall pay the cost of the medical doctor and physician's fees. Prior to being examined by the City's physician, and by the third medical doctor, the employee shall sign a release form authorizing the relevant medical doctor or physician to release his opinion as required under these procedures. lf, at any stage in this process, the City determines that the cost of accommodating an employee's disability is unreasonable, the employee may appeal this detem1ination through the grievance procedure.

Appeals on Failure to Reinstate. If an employee is not reinstated pursuant to the procedures outlined above, he may appeal in writing to the City within ten (10) ten days of receiving notice from the City that he is not to be reinstated. The following procedures shall then apply. The City and Union shall jointly ask their respective physicians to select a neutral, third licensed medical doctor to examine the employee. This additional examination shall be used to determine: 1. A. if the employee is able to perform the essential functions of the job with or without reasonable accommodation, and/or; and, 2. B. if the employee requires reasonable accommodation, exactly what the accommodation shall be, and/or; and, 3. C. if the employee poses a direct threat to health or safety of the employee or others. The cost of providing this additional examination shall be borne by the party against whom the medical doctor rules, and shall include any fees charged by the original two (2) physicians in setting up this third medical review. The City shall provide the medical doctor and the Union a detailed list of the essential functions of the job. The examination must be job and condition related only, and will not necessarily be a full physical examination. The employee shall not be required to disclose the existence or the severity of any disability(ies) he may suffer from. However, if the employee is seeking reasonable accommodation for a disability, he shall identify the accommodation needed to the medical doctor. If the employee is found to be able to perform the essential functions of the job without special accommodation the medical doctor shall report this to the City, and the employee shall be reinstated to his position within seven (7) days of the receipt of the medical doctor's report by the City, and the Union shall be determined to be the prevailing party for purposes of determining who shall pay the medical doctor doctor's and physician's physicians' fees. If the employee is found to be able to perform the essential functions of the job but only with the use of special accommodations, the medical doctor shall report this to the City, and shall indicate exactly what special accommodations are required. Each party shall share equally in the medical doctor's fees and shall bear the cost of their own physician's fees. The City shall then determine whether the accommodations are reasonable and shall either: 1. Reinstate the employee to his position, as set forth above in this Article, ; or 2. Advise the employee in writing that he shall not be reinstated. 3. If the employee is found to be unable to perform the essential functions of the job with or without special accommodation the medical doctor shall report this to the City, and the City shall advise the employee in writing that he shall not be reinstated. The City shall be determined to be the prevailing party and the Union shall pay the cost of the medical doctor doctor's and physician's physicians' fees. Prior to being examined by the City's physician, and by the third medical doctor, the employee shall sign a release form authorizing the relevant medical doctor or physician to release his opinion as required under these procedures. lfIf, at any stage in this process, the City determines that the cost of accommodating an employee's disability is unreasonable, the employee may appeal this detem1ination determination through the grievance procedure.