Common use of Fair Consideration of Work Effort Clause in Contracts

Fair Consideration of Work Effort. All monitoring observation of the work performance of a staff member shall be conducted openly and under circumstances such that the staff member should be expected to know that an observation is taking place. The use of eavesdropping, public address, or audio/video systems and similar surveillance devices for monitoring or observing the work performance of a staff member will be permitted only with the written consent of the affected staff member. Observation shall be by personal observation of the evaluator. The evaluation criteria shall be limited to the actual performance of the job duties as agreed to by the Employer and the Association. Work outside of the bargaining unit member's normally assigned duties shall not be evaluated. Evaluations shall be by personal observation conducted by the bargaining unit member's immediate evaluating supervisor. While staff members may be observed on the day before or after a holiday recess, on the day after extended absence of five (5) days or more, or on Staff Development released-time days, an attempt will be made to avoid formal observations on these days. Parental or citizen complaints considered serious enough to be considered in the evaluation of a bargaining unit member shall be brought to the attention of the staff member against whom they are lodged as soon as is reasonable. Any affected staff member will be given the opportunity to respond and/or rebut the substance of any such complaint. Due Process