Common use of Notice and Opportunity to Submit Clause in Contracts

Notice and Opportunity to Submit. Comments A. Prior to the implementation of any new or revised Directive, MCFRS Bulletin, Policy, Procedure, Instruction14 relating to or affecting bargaining unit employees, the Employer shall provide the Union President, 1st Vice President, and 2nd Vice President with written, electronic notice and an opportunity to submit comments. If the Employer provides the Union with written, electronic notice and opportunity outside normal business hours (Monday through Friday, 7:00 am to 3:00pm), the electronically transmitted notices will be deemed received on the following business day. The employer will provide the Union written notice of its designee authorized to transmit documents for notice and opportunity. B. Such written notice shall be addressed to the President of the Union, and shall be sent to him by regular and electronic mail. Such written notice shall include an explanation and/or description of the new or revised Directive, MCFRS Bulletin, Policy, Procedure or Instruction and the date on 14 The parties understand and agree that the term “Instruction” refers to: a) a written explanation provided by the Division Chiefs or the Fire Chief regarding the processes and/or procedures associated with the implementation of a new or revised Directive, Safety Bulletin, Policy or Procedure; or, b) written explanation/clarification provided by the Division Chiefs or the Fire Chief regarding an existing Directive, Safety Bulletin, Policy or Procedure that deviates from an established past practice. which the Employer intends to implement it. C. The Union shall have thirty (30) calendar days from the date upon which the President of the Union receives written notice to submit written comments or, if appropriate, proposals regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure or Instruction. During the thirty (30)-day period, the Union may request to meet and confer with the Employer regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure or Instruction. The Employer will make all reasonable efforts to accommodate the Union’s request to meet and confer. If the Union submits proposals on negotiable matters, the parties shall meet to discuss such proposals during and, if necessary, after the expiration of the thirty (30)-day period. D. If a bargaining unit employee is disciplined or negatively appraised on his or her performance evaluation, and such discipline or negative appraisal is related to the implementation of any new or revised Directive, the Employer shall have the burden to demonstrate that the Union was provided notice and opportunity to submit written comments on such Directive, MCFRS Bulletin, Policy, Procedure or Instruction. The above-described “burden” shall be in addition to, rather than in lieu of, the Employer’s burden of proving by a preponderance of the evidence in an arbitral proceeding the employee’s culpability for the disciplinary infraction with which he or she was charged. E. Prior to the release of any promotional bulletin for a position within the bargaining unit, the Employer will forward a draft of the bulletin to the Union President for comments no less than five (5) calendar days prior to the posting of the bulletin.

Notice and Opportunity to Submit. Comments A. Prior to the implementation of any new or revised Directive, MCFRS Bulletin, Policy, Procedure, Instruction14 Instruction22 relating to or affecting bargaining unit employees, the Employer shall provide the Union President, 1st Vice President, 2nd Vice President and 2nd 3rd Vice President with written, electronic notice and an opportunity to submit comments. If the Employer provides the Union with written, electronic notice and opportunity outside normal business hours (Monday through Friday, 7:00 am to 3:00pm), the electronically transmitted notices will be deemed received on the following business day. The employer will provide the Union written notice of its designee authorized to transmit documents for notice and opportunity. B. Such written notice shall be addressed to the President of the Union, and shall be sent to him by regular and electronic mail. Such written notice shall include an explanation and/or description of the new or revised Directive, MCFRS Bulletin, Policy, Procedure or Instruction and the date on 14 The parties understand and agree that the term “Instruction” refers to: a) a written explanation provided by the Division Chiefs or the Fire Chief regarding the processes and/or procedures associated with the implementation of a new or revised Directive, Safety Bulletin, Policy or Procedure; or, b) written explanation/clarification provided by the Division Chiefs or the Fire Chief regarding an existing Directive, Safety Bulletin, Policy or Procedure that deviates from an established past practice. which the Employer intends to implement it. C. The Union shall have thirty (30) calendar days from the date upon which the President of the Union receives written notice to submit written comments or, if appropriate, proposals regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure or Instruction. During the thirty (30)-day period, the Union may request to meet and confer with the Employer regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure or Instruction. The Employer will make all reasonable efforts to accommodate the Union’s request to meet and confer. If the Union submits proposals on negotiable matters, the parties shall meet to discuss such proposals during and, if necessary, after the expiration of the thirty (30)-day period. D. If a bargaining unit employee is disciplined or negatively appraised on his or her performance evaluation, and such discipline or negative appraisal is related to the implementation of any new or revised Directive, the Employer shall have the burden to demonstrate that the Union was provided notice and opportunity to submit written comments on such Directive, MCFRS Bulletin, Policy, Procedure or Instruction. The above-described “burden” shall be in addition to, rather than in lieu of, the Employer’s burden of proving by a preponderance of the evidence in an arbitral proceeding the employee’s culpability for the disciplinary infraction with which he or she was charged. E. Prior to the release of any promotional bulletin for a position within the bargaining unit, the Employer will forward a draft of the bulletin to the Union President for comments no less than five (5) calendar days prior to the posting of the bulletin.

Notice and Opportunity to Submit. Comments A. Prior to the implementation of any new or revised Directive, MCFRS Bulletin, Policy, Procedure, Instruction14 Instruction21 relating to or affecting bargaining unit employees, the Employer shall provide the Union President, 1st Vice President, and 2nd Vice President with written, electronic notice and an opportunity to submit comments. If the Employer provides the Union with written, electronic notice and opportunity outside normal business hours (Monday through Friday, 7:00 am to 3:00pm), the electronically transmitted notices will be deemed received on the following business day. The employer will provide the Union written notice of its designee authorized to transmit documents for notice and opportunity. B. Such written notice shall be addressed to the President of the Union, and shall be sent to him by regular and electronic mail. Such written notice shall include an explanation and/or description of the new or revised Directive, MCFRS Bulletin, Policy, Procedure or Instruction and the date on 14 The parties understand and agree that the term “Instruction” refers to: a) a written explanation provided by the Division Chiefs or the Fire Chief regarding the processes and/or procedures associated with the implementation of a new or revised Directive, Safety Bulletin, Policy or Procedure; or, b) written explanation/clarification provided by the Division Chiefs or the Fire Chief regarding an existing Directive, Safety Bulletin, Policy or Procedure that deviates from an established past practice. which the Employer intends to implement it. C. The Union shall have thirty (30) calendar days from the date upon which the President of the Union receives written notice to submit written comments or, if appropriate, proposals regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure or Instruction. During the thirty (30)-day period, the Union may request to meet and confer with the Employer regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure or Instruction. The Employer will make all reasonable efforts to accommodate the Union’s request to meet and confer. If the Union submits proposals on negotiable matters, the parties shall meet to discuss 21 The parties understand and agree that the term “instruction” refers to: a) a written explanation provided by the Division Chiefs of the Fire Chief regarding the processes and/or procedures associated with the implementation of a new or revised Directive, Safety Bulletin, Policy or Procedure; or, b) written explanation/clarification provided by the Division Chiefs or the Fire Chief regarding an existing Directive, Safety Bulletin Policy or Procedure that deviates from an established past practice. such proposals during and, if necessary, after the expiration of the thirty (30)-day period. D. If a bargaining unit employee is disciplined or negatively appraised on his or her performance evaluation, and such discipline or negative appraisal is related to the implementation of any new or revised Directive, the Employer shall have the burden to demonstrate that the Union was provided notice and opportunity to submit written comments on such Directive, MCFRS Bulletin, Policy, Procedure or Instruction. The above-described “burden” shall be in addition to, rather than in lieu of, the Employer’s burden of proving by a preponderance of the evidence in an arbitral proceeding the employee’s culpability for the disciplinary infraction with which he or she was charged. E. Prior to the release of any promotional bulletin for a position within the bargaining unit, the Employer will forward a draft of the bulletin to the Union President for comments no less than five (5) calendar days prior to the posting of the bulletin.

Notice and Opportunity to Submit. Comments A. Prior to the implementation of any new or revised Directive, MCFRS Bulletin, Policy, Procedure, Instruction14 Instruction21 relating to or affecting bargaining unit employees, the Employer shall provide the Union President, 1st Vice President, 2nd Vice President and 2nd 3rd Vice President with written, electronic notice and an opportunity to submit comments. If the Employer provides the Union with written, electronic notice and opportunity outside normal business hours (Monday through Friday, 7:00 am to 3:00pm), the electronically transmitted notices will be deemed received on the following business day. The employer will provide the Union written notice of its designee authorized to transmit documents for notice and opportunity. B. Such written notice shall be addressed to the President of the Union, Union and shall be sent to him by regular and electronic mail. Such written notice shall include an explanation and/or description of the new or revised Directive, MCFRS Bulletin, Policy, Procedure Procedure, or Instruction and the date on 14 The parties understand and agree that the term “Instruction” refers to: a) a written explanation provided by the Division Chiefs or the Fire Chief regarding the processes and/or procedures associated with the implementation of a new or revised Directive, Safety Bulletin, Policy or Procedure; or, b) written explanation/clarification provided by the Division Chiefs or the Fire Chief regarding an existing Directive, Safety Bulletin, Policy or Procedure that deviates from an established past practice. which the Employer intends to implement it. C. The Union shall have thirty (30) calendar days from the date upon which the President of the Union receives written notice to submit written comments or, if appropriate, proposals regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure Policy, Procedure, or Instruction. During the thirty (30)-day period, the Union may request to meet and confer with the Employer 21 The parties understand and agree that the term “instruction” refers to: a) a written explanation provided by the Division Chiefs of the Fire Chief regarding the processes and/or procedures associated with the implementation of a new or revised Directive, Safety Bulletin, Policy or Procedure; or, b) written explanation/clarification provided by the Division Chiefs or the Fire Chief regarding an existing Directive, Safety Bulletin Policy or Procedure that deviates from an established past practice. regarding the new or revised Directive, MCFRS Bulletin, Policy or Procedure Policy, Procedure, or Instruction. The Employer will make all reasonable efforts to accommodate the Union’s request to meet and confer. If the Union submits proposals on negotiable matters, the parties shall meet to discuss such proposals during and, if necessary, after the expiration of the thirty (30)-day period. D. If a bargaining unit employee is disciplined or negatively appraised on his or her performance evaluation, and such discipline or negative appraisal is related to the implementation of any new or revised Directive, the Employer shall have the burden to demonstrate that the Union was provided notice and opportunity to submit written comments on such Directive, MCFRS Bulletin, Policy, Procedure or Instruction. The above-described “burden” shall be in addition to, rather than in lieu of, the Employer’s burden of proving by a preponderance of the evidence in an arbitral proceeding the employee’s culpability for the disciplinary infraction with which he or she was charged. E. Prior to the release of any promotional bulletin for a position within the bargaining unit, the Employer will forward a draft of the bulletin to the Union President for comments no less than five (5) calendar days prior to the posting of the bulletin.