Merit Commission Clause Samples
A Merit Commission clause establishes a committee or body responsible for evaluating and making decisions based on merit, often in the context of appointments, promotions, or awards. This commission typically reviews candidates or proposals according to predefined criteria, ensuring that selections are based on qualifications and achievements rather than favoritism or other non-merit factors. The core function of this clause is to promote fairness and transparency in decision-making processes by delegating authority to an impartial group focused on merit-based evaluation.
Merit Commission. The Employer and the Labor Council agree that the existing Merit Commission procedures as amended by law from time to time, relating to the review of suspensions and discharges shall remain in place. For all oral and written reprimands and non- disciplinary grievances the provision of the Agreement relating to the Dispute Resolution and Grievance Procedure shall be in effect. Nothing herein shall infringe on the function of the Sheriff’s Merit commission in testing applicants for new positions or promotions and creating eligibility list for any such positions from which the Sheriff shall fill any such positions.
Merit Commission. This arbitration procedure shall be limited to matters not otherwise covered by Merit Law.
Merit Commission. Sheriff’s Merit System Employees covered under this Agreement shall be disciplined pursuant to Section 3-8013 of the Sheriff’s Merit System Law, 55 ILCS 5/3-8013 subject to the alternative grievance review provisions provided in this Agreement. In the event charges are referred to the Merit Commission, the employee shall have the option of waiving a hearing before the Merit Commission and shall then be disciplined by the Sheriff subject to the contractual grievance appeal procedure. To effectuate this election, the following procedure shall be utilized:
1. Within ten (10) business days of the employee receiving a copy of the charges referred to the Merit Commission and the entire investigation file relating to the charges, the Union will advise the Sheriff and the Merit Commission of the employee’s election under this Section to waive his or her right to a Merit Commission review and/or hearing and proceed, instead, in accordance with the grievance/arbitration provisions of Article 10 of this Agreement, upon the issuance of discipline by the Sheriff. Such notice shall be in writing and shall include a written waiver, executed by the employee, acknowledging that the employee is knowingly waiving his or her rights to a hearing before the Merit Commission. If no such notice/waiver is provided within the ten (10) business days, the employee and the Union shall be deemed to have elected to proceed under the rules of the Merit Commission and all rights under Article 10 shall be deemed waived.
2. Upon receipt of a notice from the Union that the employee is electing to proceed under the grievance/arbitration provisions of Article 10, the Sheriff’s Office will withdraw the charges before the Merit Commission. Thereafter, the Sheriff or his designee will make a determination regarding discipline.
3. Once discipline is issued by the Sheriff or his designee, the employee, or the Union, as applicable, may grieve the discipline, as provided in Article 10 of the CBA commencing at Step 4. The filing of said grievance shall serve as a Request for Arbitration under Step 4 of the grievance procedure. In the event the Sheriff's Merit System Law is amended in a manner which nullifies the rights of parties to a collective bargaining agreement to negotiate, pursuant to Section 3-8013 of the Sheriff's Merit System Law, an alternative disciplinary review process, or which makes the alternative grievance review provisions contained in this section illegal, either party may request ...
Merit Commission. In the event any provision of this Agreement is held by a court of competent jurisdiction to be illegal under the Merit Statute, the Merit Statute shall control. Any issues or disputes related to the policies and procedures necessary to implement and carry out the intent and purposes of the merit statute, or personnel decisions or actions pursuant to the merit system, shall be subject to resolution pursuant to the merit statute and not through the grievance procedure set forth in this Agreement. The parties agree to meet and negotiate over any provisions of this Agreement which are found to be in direct conflict with the Merit Statute. Nothing in this paragraph is intended to prevent the Merit Commission from adopting and applying any provision or procedure set forth in this Agreement as a part of the merit system.