Common use of - Performance Incentive Appeals Clause in Contracts

- Performance Incentive Appeals. In instances in which an employee has not been awarded a performance incentive, the following shall be the sole and exclusive method for resolution: Level One: The employee must appeal within fifteen (15) working days after receipt of a copy of the finalized evaluation that fails to grant a performance incentive. The appeal must be made in writing through the CEA to the Director of the Division of Personnel and Labor Relations setting forth the reasons the employee disagrees with the Employer's action. The Director shall respond in writing within fifteen (15) working days after receipt of the appeal. The Director shall review the appeal in conjunction with the subject performance evaluation and any rebuttal thereto, pertinent related performance documents and statements, the employee's job description and class specification. The Director shall respond to the appeal in writing within twenty (20) working days after receipt of the appeal. If the Director grants the appeal, the CEA and the employing department or agency shall be so notified concurrently, together with the rationale for the Director's determination. Level Two: In the event that the Director does not grant the appeal, the Union may advance the appeal to the neutral third (3rd) party selected in accordance with the procedures below by submitting a written request to the Director of the Personnel and Labor Relations within ten (10) working days after receipt of the denial at Level One. The request may include additional argument in support of the CEA's position, to which the Director may make a written response; neither party shall submit new evidence in conjunction with these written statements. The Director of the Division of Personnel and Labor Relations shall forward copies of the Level One appeal and response to the neutral third (3rd) party within ten (10) working days of receipt of the CEA's request. The submission shall include all documents and written arguments reviewed by the Director at Level One. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) days after receipt of the appeal. The decision shall be binding and non-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

- Performance Incentive Appeals. In instances in which an employee has not been awarded a performance incentive, the following shall be the sole and exclusive method for resolution: Level One: The employee must appeal within fifteen (15) working days after receipt of a copy of the finalized evaluation that fails to grant a performance incentive. The appeal must be made in writing through the CEA to the Director director of the Division of Personnel and Labor Relations employing division setting forth the reasons the employee disagrees with the Employer's action. The Director director of the employing division shall respond in writing within fifteen (15) working days after receipt of the appeal. Level Two: In the event the matter is not resolved at Level One, the CEA may advance the appeal to the Director of the Division of Labor Relations or to the Director of the Division of Personnel for members employed in the Division of Labor Relations. The Director appeal must be submitted in writing within fifteen (15) working days after the response at Level One is due or received, whichever is earlier, and must include all evidence and arguments which the Union desires to be considered by the director. The director shall review the appeal in conjunction with the subject performance evaluation and any rebuttal thereto, the Level One appeal and response, pertinent related performance documents and statements, the employee's job description and class specification. The Director director shall respond to the appeal in writing within twenty (20) working days after receipt of the Level Two appeal. If the Director director grants the appeal, the CEA and the employing department or agency shall be so notified concurrently, together with the rationale for the Directordirector's determination. Level TwoThree: In the event that the Director director does not grant the appeal, the Union may advance the appeal to the neutral third (3rd) party selected in accordance with the procedures below by submitting a written request to the Director of the Personnel and Division of Labor Relations within ten (10) working days after receipt of the denial at Level OneTwo. The request may include additional argument in support of the CEA's position, to which the Director director may make a written response; neither party shall submit new evidence in conjunction with these written statements. The Director of the Division of Personnel and Labor Relations shall forward copies of the Level One appeal and response Two appeals and responses to the neutral third (3rd) party within ten (10) working days of receipt of the CEA's request. The submission shall include all documents and written arguments reviewed by the Director director at Level OneTwo. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) days after receipt of the appeal. The decision shall be binding and non-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

- Performance Incentive Appeals. ‌ In instances in which an employee has not been awarded a performance incentive, the following shall be the sole and exclusive method for resolution: Level One: The employee must appeal within fifteen (15) working days after receipt of a copy of the finalized evaluation that fails to grant a performance incentive. The appeal must be made in writing through the CEA to the Director of the Division of Personnel and Labor Relations setting forth the reasons the employee disagrees with the Employer's action. The Director shall respond in writing within fifteen (15) working days after receipt of the appeal. The Director shall review the appeal in conjunction with the subject performance evaluation and any rebuttal thereto, pertinent related performance documents and statements, the employee's job description and class specification. The Director shall respond to the appeal in writing within twenty (20) working days after receipt of the appeal. If the Director grants the appeal, the CEA and the employing department or agency shall be so notified concurrently, together with the rationale for the Director's determination. Level Two: In the event that the Director does not grant the appeal, the Union may advance the appeal to the neutral third (3rd) party selected in accordance with the procedures below by submitting a written request to the Director of the Personnel and Labor Relations within ten (10) working days after receipt of the denial at Level One. The request may include additional argument in support of the CEA's position, to which the Director may make a written response; neither party shall submit new evidence in conjunction with these written statements. The Director of the Division of Personnel and Labor Relations shall forward copies of the Level One appeal and response to the neutral third (3rd) party within ten (10) working days of receipt of the CEA's request. The submission shall include all documents and written arguments reviewed by the Director at Level One. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) days after receipt of the appeal. The decision shall be binding and non-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.

- Performance Incentive Appeals. ‌ In instances in which an employee has not been awarded a performance incentive, the following shall be the sole and exclusive method for resolution: Level One: The employee must appeal within fifteen (15) working days after receipt of a copy of the finalized evaluation that fails to grant a performance incentive. The appeal must be made in writing through the CEA to the Director of the Division of Personnel and Labor Relations setting forth the reasons the employee disagrees with the Employer's action. The Director shall respond in writing within fifteen (15) working days after receipt of the appeal. The Director shall review the appeal in conjunction with the subject performance evaluation and any rebuttal thereto, pertinent related performance documents and statements, the employee's job description and class specification. The Director shall respond to the appeal in writing within twenty (20) working days after receipt of the appeal. If the Director grants the appeal, the CEA and the employing department or agency shall be so notified concurrently, together with the rationale for the Director's determination. Level Two: In the event that the Director does not grant the appeal, the Union may advance the appeal to the neutral third (3rd) party selected in accordance with the procedures below by submitting a written request to the Director of the Personnel and Labor Relations within ten (10) working days after receipt of the denial at Level One. The request may include additional argument in support of the CEA's position, to which the Director may make a written response; neither party shall submit new evidence in conjunction with these written statements. The Director of the Division of Personnel and Labor Relations shall forward copies of the Level One appeal and response to the neutral third (3rd) party within ten (10) working days of receipt of the CEA's request. The submission shall include all documents and written arguments reviewed by the Director at Level One. Any dispute concerning the admissibility or relevance of performance related documents shall be resolved by the neutral third (3rd) party at such time as the appeal is forwarded for final decision. The neutral third (3rd) party shall render a written decision and rationale within thirty (30) days after receipt of the appeal. The decision shall be binding and non-reviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the parties.