Common use of Initiation of Formal Proceedings Clause in Contracts

Initiation of Formal Proceedings. (1) Where the professional librarian employee declines an invitation extended under the provisions of Article 11.4(c)(ii) or the President, after reasonable efforts, is unable to arrange a meeting within a reasonable time after extending such an invitation, or if a meeting is held and no mutually agreeable settlement is reached, the President, if he/she intends to proceed with a recommendation of dismissal, shall so inform the professional librarian employee in writing and shall set out his/her reasons for so doing. Such reasons shall be set out in sufficient particularity to allow the professional librarian employee to prepare a reply. (2) The President shall at the same time advise the professional librarian employee whether he/she intends to refer his/her intended recommendation to the Review Chairperson. If the President indicates that he/she intends to refer the matter to the Review Chairperson, he/she shall forward to the Review Chairperson a copy of the information given to the professional librarian employee. (3) If the President does not indicate to the professional librarian employee that he/she intends to refer the matter to the Review Chairperson, the professional librarian employee may require the President to do so by notice given in writing to the President within fourteen (14) days after the professional librarian employee is notified under this provision of the President's intention to recommend his/her dismissal. Upon being required to refer the matter, the President shall do so in the manner specified in Article 11.4(c) (iii) (2) above. (4) If the President does not indicate to the professional librarian employee that he/she intends to refer the matter to the Review Chairperson and the professional librarian employee does not require him/her to do so in the manner and within the time specified in the preceding paragraph, the matter need not be referred to the Review Chairperson.

Initiation of Formal Proceedings. (1) Where the professional librarian employee declines an invitation extended under the provisions of Article 11.4(c)(ii) or the President, after reasonable efforts, is unable to arrange a meeting within a reasonable time after extending such an invitation, or if a meeting is held and no mutually agreeable settlement is reached, the President, if he/she intends they intend to proceed with a recommendation of dismissal, shall so inform the professional librarian employee in writing and shall set out his/her their reasons for so doing. Such reasons shall be set out in sufficient particularity to allow the professional librarian employee to prepare a reply. (2) The President shall at the same time advise the professional librarian employee whether he/she intends they intend to refer his/her their intended recommendation to the Review Chairperson. If the President indicates that he/she intends they intend to refer the matter to the Review Chairperson, he/she they shall forward to the Review Chairperson a copy of the information given to the professional librarian employee. (3) If the President does not indicate to the professional librarian employee that he/she intends they intend to refer the matter to the Review Chairperson, the professional librarian employee may require the President to do so by notice given in writing to the President within fourteen (14) days after the professional librarian employee is notified under this provision of the President's intention to recommend his/her their dismissal. Upon being required to refer the matter, the President shall do so in the manner specified in Article 11.4(c) (iii) (2) above. (4) If the President does not indicate to the professional librarian employee that he/she intends they intend to refer the matter to the Review Chairperson and the professional librarian employee does not require him/her them to do so in the manner and within the time specified in the preceding paragraph, the matter need not be referred to the Review Chairperson.