Common use of Formal Process Clause in Contracts

Formal Process. The Formal Process is a process in which an Employee requests a formal hearing and a panel is convened to gather evidence and make a decision regarding the Employee’s concern. If an Employee is unable to get his concern resolved through the Informal Process, he may request a Formal Hearing by filing an Issue Resolution Form within three (3) business days following completion of the Informal Process. Employees may seek the assistance of a FC member or the Employee Advocate to assist in the preparation of an Issue Resolution Form. A FC facilitator shall, on a rotating basis, facilitate but shall be a non-voting participant in any Formal Hearings that may arise following the submission of an Issue Resolution Form. The FC facilitator will contact the Employee within two (2) business days of receiving the Issue Resolution Form. The Employee will select, at random, five (5) FC members to sit on the Formal Hearing Panel. The Hearing Panel will consist of three (3) bargaining unit FC members and two (2) management FC members. The Employee will randomly select four (4) bargaining unit FC member names and discard one such name of his or her choosing, and randomly select three (3) management FC names and discard one such name of his or her choosing for the Hearing Panel. The panel will convene within 10 business days of receiving the Issue Resolution Form. The panel will collect evidence and fully review all details of the Employee’s concern in order to reach a final decision about whether the Agreement and the Employees’ Charter have been fairly applied to the Employee. Employees may be assisted in the Formal Process, including the Formal Hearing, by the Employee Advocate, if they so choose. The Employee Advocate’s role in the Formal Process shall be to:

Formal Process. The Formal Process is a process in which an Employee requests a formal hearing and a panel is convened to gather evidence and make a decision regarding the Employee’s concern. If an Employee is unable to get his concern resolved through the Informal Process, he may request a Formal Hearing by filing an Issue Resolution Form within three (3) business days following completion of the Informal Process. Employees may seek the assistance of a FC member or the Employee Advocate to assist in the preparation of an Issue Resolution Form. A FC facilitator shall, on a rotating basis, facilitate but shall be a non-voting participant in any Formal Hearings that may arise following the submission of an Issue Resolution Form. The FC facilitator will contact the Employee within two (2) business days of receiving the Issue Resolution Form. The Employee will select, at random, five (5) FC members to sit on the Formal Hearing Panel. The Hearing Panel will consist of three (3) bargaining unit FC members and two (2) management FC members. The Employee will randomly select four (4) bargaining unit FC member names and discard one such name of his or her choosing, and randomly select three (3) management FC names and discard one such name of his or her choosing for the Hearing Panel. The panel will convene within 10 business days of receiving the Issue Resolution Form. The panel will collect evidence and fully review all details of the Employee’s concern in order to reach a final decision about whether the Agreement and the Employees’ Charter have been fairly applied to the Employee. Employees may be assisted in the Formal Process, including the Formal Hearing, by the Employee Advocate, if they so choose. The Employee Advocate’s role in the Formal Process shall be to:: assist Employees in preparing for the Formal Hearing; attend Formal Hearings as an observer when requested to do so by an Employee; act as a resource to the FC when requested; and coordinate follow-up with FC recommendations to the Company should such assistance be requested by the Facilitator. The Employee Advocate’s role shall not release the Employee from the responsibility for processing his or her concern and making the presentation in the Formal Hearing. Employees electing not to utilize the Employee Advocate shall sign a waiver acknowledging such decision. The FC panel’s decision is reached by a majority vote. All panelists will strictly adhere to confidentiality. The Employee (and the Employee Advocate, if requested by the Employee) will be notified in writing by the FC facilitator of the panel’s decision within 48 hours of the vote of the panel. All FC decisions shall be communicated as a decision of the FC panel as a whole. The Employee or the General Manager (“GM”) may appeal the decision of the panel to the Hotline within five (5) business days of receiving the decision of the FC. An Employee who chooses to appeal the decision of the FC panel, shall present his concern to the Hotline by telephone or in writing. The Employee Advocate may assist the Employee in preparing his appeal to the Hotline, if requested. The FC can review issues that concern the application of the Agreement to non-probationary Employees. The FC cannot directly change Company policies or procedures or the provisions of the Framework of Fairness Agreement or this Agreement, however, their recommendations may influence future management reviews or collective bargaining. The FC may not change pay or benefit rates nor can it deal with issues relating to the termination of employment of any Employee. Resolution of issues relating to the termination of employment shall begin at the Hotline step of the Concern Resolution Process.