Common use of Performance Evaluation Disputes Clause in Contracts

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article. B. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- acceptable or higher, may make a written rebuttal which will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is low-acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager of the employing department. The Human Resources Manager shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with a copy to the Union. The Director of the Division of Personnel may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel will provide written notification to the Union. 4. In the event the dispute is not resolved by the recommendations of the Human Resources Manager, the bargaining unit member through the Union shall submit a written request for informal hearing to the Director of the Division of Personnel within ten (10) working days after the Human Resources Manager's recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources Manager, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirty

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article. B. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- acceptable or higher, may make a written rebuttal which will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is low-low- acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager or designee for the Management Services Consultant group of the employing department. The Human Resources Manager or designee for the Management Services Consultant group shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with . Upon approval of the recommendations the Director will submit a copy to the Union. The Director of the Division of Personnel may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel will provide written notification to the Union. 4. In the event the dispute is not resolved by the recommendations of the Human Resources ManagerManager or designee for the Management Services Consultant group, the bargaining unit member through the Union shall submit a written request for informal hearing to the Director of the Division of Personnel within ten (10) working days after the Human Resources Manager's Manager or designee for the Management Services Consultant group’s recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources ManagerManager or designee for the Management Services Consultant group, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirtythirty (30) calendar days of the request and in no case later than sixty (60) calendar days. Hearings will be conducted by the Director or designee, either face-to-face or by teleconference at the discretion of the Director. The bargaining unit member and the employing department shall have one (1) hour each to present additional testimony and documentary evidence, which will be considered by the Director or designee together with the bargaining unit member's initial request and the Human Resources Manager or designee for the Management Services Consultant group’s recommendations. 6. The Director shall issue a final decision within ten (10) working days after the close of the informal hearing revising those contested facts found to be inaccurate. Other contested portions of the evaluation shall be revised upon a finding by the Director that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article. B. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- acceptable or higher, may make a written rebuttal which will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is low-low- acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager for the Management Services Consultant group of the employing department. The Human Resources Manager for the Management Services Consultant group shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with a copy to the Union. The Director of the Division of Personnel may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel will provide written notification to the Union. 4. In the event the dispute is not resolved by the recommendations of the Human Resources Manager, the bargaining unit member through the Union shall submit a written request for informal hearing to the Director of the Division of Personnel within ten (10) working days after the Human Resources Manager's recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources Manager, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirty

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article. B. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- acceptable or higher, may make a written rebuttal which will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is low-low- acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager for the Management Services Consultant group of the employing department. The Human Resources Manager for the Management Services Consultant group shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with a copy to the Union. The Director of the Division of Personnel may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel will provide written notification to the Union. 4. In the event the dispute is not resolved by the recommendations of the Human Resources ManagerManager for the Management Services Consultant group, the bargaining unit member through the Union shall submit a written request for informal hearing to the Director of the Division of Personnel within ten (10) working days after the Human Resources Manager's Manager for the Management Services Consultant group’s recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources ManagerManager for the Management Services Consultant group, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirtythirty (30) calendar days of the request and in no case later than sixty (60) calendar days. Hearings will be conducted by the Director or designee, either face-to-face or by teleconference at the discretion of the Director. The bargaining unit member and the employing department shall have one (1) hour each to present additional testimony and documentary evidence, which will be considered by the Director or designee together with the bargaining unit member's initial request and the Human Resources Manager for the Management Services Consultant group’s recommendations. 6. The Director shall issue a final decision within ten (10) working days after the close of the informal hearing revising those contested facts found to be inaccurate. Other contested portions of the evaluation shall be revised upon a finding by the Director that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article.. 3131 B. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- acceptable or higher, may make a written rebuttal which will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is low-low- acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager or designee for the Management Services Consultant group of the employing department. The Human Resources Manager or designee for the Management Services Consultant group shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with . Upon approval of the recommendations the Director will submit a copy to the Union. The Director of the Division of Personnel may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel will provide written notification to the Union. 4. In the event the dispute is not resolved by the recommendations of the Human Resources ManagerManager or designee for the Management Services Consultant group, the bargaining unit member through the Union shall submit a written request for informal hearing to the Director of the Division of Personnel within ten (10) working days after the Human Resources Manager's Manager or designee for the Management Services Consultant group’s recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources ManagerManager or designee for the Management Services Consultant group, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirtythirty (30) calendar days of the request and in no case later than sixty (60) calendar days. Hearings will be conducted by the Director or designee, either face-to-face or by teleconference at the discretion of the Director. The bargaining unit member and the employing department shall have one (1) hour each to present additional testimony and documentary evidence, which will be considered by the Director or designee together with the bargaining unit member's initial request and the Human Resources Manager or designee for the Management Services Consultant group’s recommendations. 6. The Director shall issue a final decision within ten (10) working days after the close of the informal hearing revising those contested facts found to be inaccurate. Other contested portions of the evaluation shall be revised upon a finding by the Director that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which that denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article. B. A bargaining unit member who is dissatisfied with a written performance evaluation which that does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- acceptable or higher, may make a written rebuttal which that will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which that does not involve the denial of a performance incentive and the overall effectiveness on the job is low-low- acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union union a written request to the Director of the Division of Personnel, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager for the Management Services Consultant group of the employing department. The Human Resources Manager for the Management Services Consultant group shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with a copy to the Unionunion. The Director of the Division of Personnel may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel will provide written notification to the Unionunion. 4. In the event the dispute is not resolved by the recommendations of the Human Resources ManagerManager for the Management Services Consultant group, the bargaining unit member through the Union union shall submit a written request for informal hearing to the Director of the Division of Personnel within ten (10) working days after the Human Resources Manager's Manager for the Management Services Consultant group’s recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources ManagerManager for the Management Services Consultant group, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirtythirty (30) calendar days of the request and in no case later than sixty (60) calendar days. Hearings will be conducted by the Director or designee, either face-to-face or by teleconference at the discretion of the Director. The bargaining unit member and the employing department shall have one (1) hour each to present additional testimony and documentary evidence, which will be considered by the Director or designee together with the bargaining unit member's initial request and the Human Resources Manager for the Management Services Consultant group’s recommendations. 6. The Director shall issue a final decision within ten (10) working days after the close of the informal hearing revising those contested facts found to be inaccurate. Other contested portions of the evaluation shall be revised upon a finding by the Director that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.

Performance Evaluation Disputes. A. An employee who is dissatisfied with a written performance evaluation which denies a performance incentive may obtain a review of that evaluation solely through the procedures established in Section 18.03 of this Article. B. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is rated mid- mid-acceptable or higher, may make a written rebuttal which will be considered, attached to the evaluation, and become a part of the employee’s personnel record. This shall be the sole and exclusive remedy for such disputes. C. A bargaining unit member who is dissatisfied with a written performance evaluation which does not involve the denial of a performance incentive and the overall effectiveness on the job is low-acceptable or lower may obtain review of that evaluation through the following procedure, which shall be the sole and exclusive remedy for such disputes. 1. Within thirty (30) calendar days after receipt of a copy of the finalized evaluation, the bargaining unit member must submit through the Union a written request to the Director of the Division of PersonnelPersonnel and Labor Relations, Department of Administration, asking that the Director investigate allegations that the evaluation includes factual inaccuracies, or that in the preparation of the evaluation management has been arbitrary or capricious, or has been motivated by discrimination or bias. The appeal must bear a postmark or date stamp showing that it has been timely filed. 2. The written request must state specifically the allegations to be investigated and, to the degree that information in support of those allegations is known, identify the facts surrounding the controversy. The list of allegations to be investigated shall not be expanded after the initial submission to the Employer except by written mutual agreement of the parties. 3. Upon receipt of a written request, the Director shall transmit a copy to the Human Resources Manager or designee for the Management Services Consultant group of the employing department. The Human Resources Manager or designee for the Management Services Consultant group shall have thirty (30) calendar days to investigate the allegations and to make written recommendations to the Director regarding revision of the evaluation, with . Upon approval of the recommendations the Director will submit a copy to the Union. The Director of the Division of Personnel and Labor Relations may grant an extension of up to thirty (30) calendar days to the employing department. If an extension is granted, the Director of the Division of Personnel and Labor Relations will provide written notification to the Union. 4. In the event the dispute is not resolved by the recommendations of the Human Resources ManagerManager or designee for the Management Services Consultant group, the bargaining unit member through the Union shall submit a written request for informal hearing to the Director of the Division of Personnel and Labor Relations within ten (10) working days after the Human Resources Manager's Manager or designee for the Management Services Consultant group’s recommendations are due or received. Absent such a request, the Director shall adjust the evaluation in accord with the recommendations of the Human Resources ManagerManager or designee for the Management Services Consultant group, provided that those recommendations are not in violation of law or regulation. 5. If a hearing is requested, every reasonable effort will be made to schedule the hearing within thirtythirty (30) calendar days of the request and in no case later than sixty (60) calendar days. Hearings will be conducted by the Director or designee, either face-to-face or by teleconference at the discretion of the Director. The bargaining unit member and the employing department shall have one (1) hour each to present additional testimony and documentary evidence, which will be considered by the Director or designee together with the bargaining unit member's initial request and the Human Resources Manager or designee for the Management Services Consultant group’s recommendations. 6. The Director shall issue a final decision within ten (10) working days after the close of the informal hearing revising those contested facts found to be inaccurate. Other contested portions of the evaluation shall be revised upon a finding by the Director that in the preparation of the evaluation management has been arbitrary or capricious, or was motivated by discrimination or bias.