Common use of Disputes Regarding Qualifications Clause in Contracts

Disputes Regarding Qualifications. A nurse who is not allowed to bump into a position during a layoff or is not recalled to an open position on recall, based upon the nurse's alleged lack of qualifications for the new position, may submit the issue to the Appeals Board. A) The Appeals Board members shall include the Assistant Administrator for Patient Care Services, two (2) unit managers not in the affected unit(s), two (2) officers of the Bargaining Unit or designees and a bargaining unit nurse who acts as a preceptor on the unit in question. The Appeals Board will meet with a mutually agreeable, impartial third party present. This third-party will be sought to be someone who has experience as a registered nurse and is not involved in direct management of any of the units in question. If the parties are not able to agree upon an impartial third party, the Association and the Hospital shall each place three names in a "hat" and draw one name who shall be the impartial third party. All seven (7) members involved will vote by secret ballot. No abstentions. The decision of the Appeals Board shall be binding on the nurses involved, without recourse to the grievance procedure. B) The nurse submitting the appeal will submit a description of his/her qualifications relevant to the disputed position. An appeal must be submitted, in writing, to the Assistant Administrator of Patient Care Services and a WSNA local unit officer within three (3) business days (excluding date of notification) from the date the nurse was notified of a decision denying her the ability to bump or to be recalled. The Appeals Board will meet with the nurse within five (5) calendar days after receipt of an appeal. An alternative date, if necessary, may be agreed to by all parties. C) Qualifications as submitted will be reviewed by the Appeals Board. Relevant qualifications include: clinical expertise, past experience, evaluations, certifications, education, and other such materials as the Board feels are necessary and appropriate. In addition, any other written information relevant to the case. D) At the conclusion of the meeting, any involved nurses will be notified by the impartial member and informed of the decision reached with a written follow-up provided by the Assistant Administrator of Patient Care Services. E) If a nurse is unsuccessful in his/her appeal, the nurse may repeat the bumping procedures after other Displaced Nurses have made their bumping selections.

Disputes Regarding Qualifications. A nurse who is not allowed to bump go into a position during a layoff or is not recalled to an open position on recall, based upon the nurse's ’s alleged lack of qualifications for the new positionposition as determined by the Employer, may submit the issue to the Layoff Appeals BoardBoard (LAB). A) a. The Appeals Board LAB members shall include the Assistant Administrator for Patient Care Servicesdesignated Nurse Executive, a nurse manager (not to include managers of the affected unit(s)) and two (2) WSNA local unit managers not in the affected unit(s), two (2) officers or their designees who must be RN employees of the Bargaining Unit or designees and a bargaining unit nurse who acts as a preceptor on the unit in questionGHCH. The Appeals Board LAB will meet with a mutually agreeable, impartial third party present. This third-third party will be sought to be someone a person who has clinical experience as a registered nurse and is not involved in direct management of any of the units in question. If the parties are not able to agree upon an impartial third party, the Association and the Hospital shall each place three names in a "hat" and draw one name who shall be the impartial third party. All seven five (75) members involved will vote by secret ballot. No abstentions. The decision of the Appeals Board LAB shall be binding on the nurses nurse(s) involved, without recourse to the grievance procedure. B) b. The nurse submitting making the appeal will submit a written description of hisher/her qualifications his qualification relevant to the disputed position. An appeal must be submitted, in writing, to the Assistant Administrator of Patient Care Services designated Nurse Executive and a WSNA local unit officer within three (3) business days (excluding date of notification) from the date the nurse was notified of a decision denying her her/him the ability to bump or to be recalledposition. The Appeals Board LAB will meet with the nurse and the manager from the new unit within five ten (510) calendar business days after receipt of an the appeal. An alternative date, if necessary, may be agreed to by all parties. C) Qualifications as submitted will be reviewed c. The LAB shall consider all information provided by the Appeals Boardeach party. Relevant qualifications includeinformation includes: clinical expertise, past experience, evaluations, certifications, education, education and other such materials documentation as the Board feels LAB deems are necessary and appropriate. In addition, any other written information relevant to the case. D) d. At the conclusion of the meeting, any involved nurses will be notified by the impartial member and informed of the decision reached by the LAB with a written follow-up within three (3) business days provided by the Assistant Administrator of Patient Care Servicesdesignated Nurse Executive. Copies will be given to the Manager and Association. E) e. If a nurse is unsuccessful in hisher/her his appeal, the nurse may repeat the bumping procedures after apply for any other Displaced Nurses have made their bumping selectionsposition she/he believes to be qualified for in accordance with this Article XIV.