Complaints Process The School shall establish and adhere to a process for resolving public complaints which shall include an opportunity for complainants to be heard. The final administrative appeal shall be heard by the School's Governing Board, except where the complaint pertains to a possible violation of any law or term under this Contract. The complaints process shall be readily accessible from the School’s website, as described in Section 11.4.1.
Sale Process If a Non-Economic Facility is marketed for sale in accordance with Section 5.02 and Manager receives an offer therefor which it wishes to accept on behalf of the relevant TRS and Owner, Manager shall give the relevant TRS prompt notice thereof, which notice shall include a copy of the offer and any other information reasonably requested by such TRS. If the relevant TRS, on behalf of the relevant Owner, shall fail to accept or reject such offer within seven (7) Business Days after receipt of such notice and other information from Manager, such offer shall be deemed to be accepted. If the offer is rejected by the relevant TRS on behalf of the relevant Owner, and if Manager elects to continue marketing the Non-Economic Facility by providing written notice to the relevant TRS within seven (7) days of such rejection and Manager does not obtain another offer within ninety (90) days that is accepted by the relevant TRS, the Non-Economic Facility shall be deemed to have been sold to the relevant TRS on the date, at the price and on such other terms contained in the offer. If a Non-Economic Facility is sold to a third party or deemed to have been sold to the relevant Owner pursuant to such offer, effective as of the date of sale or deemed sale: (i) the Management Agreement shall terminate with respect to such Non-Economic Facility; (ii) Aggregate Invested Capital shall be reduced by an amount equal to the net proceeds of sale after reduction for the costs and expenses of the relevant TRS, the relevant Owner and/or Manager (or, in the case of a deemed sale, the net proceeds of sale determined by reference to such offer, after reduction for any amounts actually expended and any amounts which would reasonably have been expected to have been expended if the sale had been consummated by the relevant TRS, the relevant Owner and/or Manager). If the reduction in Aggregate Invested Capital is less than the Invested Capital of the Non-Economic Facility sold or deemed to have been sold, the difference shall be proportionately reallocated to the Invested Capital of the remaining Facilities.
Review Process A/E's Work Product will be reviewed by County under its applicable technical requirements and procedures, as follows:
Grievance Process (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator.
(b) Grievance Mediation shall be scheduled within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties.
(c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.
(d) The parties shall agree on a mediator.
(e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party, unless otherwise mutually agreed.
(f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.
(g) The Mediator will have the authority to meet separately with either party.
(h) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator, unless otherwise mutually agreed. Nothing said or done by the mediator may be referred to Arbitration.
(i) The Union and Employer will share the cost of the Mediator, if any.
CENTRAL GRIEVANCE PROCESS The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.
Order Process When the start of production of your reservation nears, we will ask you to confirm your option selections and to provide full details of the legal purchaser of the Model X. Tesla will create an order for your Model X containing the information provided by you, and a Purchase Agreement indicating the estimated purchase price of your Model X, taking into account the base price of the model and any options included or that you select, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. Tesla will then submit to you the order and the Purchase Agreement for your review. If you wish to proceed and purchase the Model X, you must sign and return the Purchase Agreement together with any amounts that are then required to be paid. Production of your Model X will then be commenced and your deposit payable under the Purchase Agreement will be held by Tesla as a non-refundable deposit (to the extent permitted by applicable law). At the time you enter into the Purchase Agreement, you may, at your sole option, notify us that you would like to take your Reservation Payment and apply it to your deposit. These procedures may be subject to change.
Disciplinary Process (a) Prior to disciplining an Employee, the Employer will notify the Unit 5 Chairperson, with a copy to the President of Unifor Local 5555, of the nature of the alleged offence.
(b) Following notification of the Unit 5 Chairperson, the Employer will meet with the Employee and a Union Representative. At this meeting, the Employer will advise the Employee of the alleged offence and provide the Employee with an opportunity to respond.
(c) Within 10 days following this meeting or any additional meeting that the Employer may require, the Employer will decide whether or not discipline is to be imposed, and, if so, at what level, and this decision will be communicated orally and in writing at a meeting with the Employee and Union Representative. A copy of the written decision will be provided to the Unit 5 Chairperson with a copy to the President of Unifor Local 5555. The 10-day timeline will be extended in circumstances where the Employee and/or the Union Representative are unable to meet within the timeline or where the nature of the investigation requires more time. The Employer will notify the Union as soon as practicable in these scenarios.
(d) In cases of suspension without pay, the suspension will be served beginning on one of the following two dates:
i. if the decision to suspend is not subject to a grievance, the first date the employee is scheduled to work following 5 Working Days from the date the suspension was communicated to the Employee; and
ii. if the decision to suspend is subject to a grievance, the first date the employee is scheduled to work following a denial of the grievance at Step 3.
Escalation Process If Customer believes in good faith that Customer has not received quality or timely assistance in response to a support request or that Customer urgently need to communicate important support related business issues to Service Provider’s management, Customer may escalate the support request by contacting Service Provider and requesting that the support request be escalated to work with Customer to develop an action plan.
Formal Process The Formal Process is a process in which an Employee requests a formal hearing and a panel is convened to gather evidence and make a decision regarding the Employee’s concern. If an Employee is unable to get his concern resolved through the Informal Process, he may request a Formal Hearing by filing an Issue Resolution Form within three (3) business days following completion of the Informal Process. Employees may seek the assistance of a FC member or the Employee Advocate to assist in the preparation of an Issue Resolution Form. A FC facilitator shall, on a rotating basis, facilitate but shall be a non-voting participant in any Formal Hearings that may arise following the submission of an Issue Resolution Form. The FC facilitator will contact the Employee within two (2) business days of receiving the Issue Resolution Form. The Employee will select, at random, five (5) FC members to sit on the Formal Hearing Panel. The Hearing Panel will consist of three (3) bargaining unit FC members and two (2) management FC members. The Employee will randomly select four (4) bargaining unit FC member names and discard one such name of his or her choosing, and randomly select three (3) management FC names and discard one such name of his or her choosing for the Hearing Panel. The panel will convene within 10 business days of receiving the Issue Resolution Form. The panel will collect evidence and fully review all details of the Employee’s concern in order to reach a final decision about whether the Agreement and the Employees’ Charter have been fairly applied to the Employee. Employees may be assisted in the Formal Process, including the Formal Hearing, by the Employee Advocate, if they so choose. The Employee Advocate’s role in the Formal Process shall be to:
Evaluation Process
A. The immediate supervisor will meet with an employee at the start of their review period to discuss performance expectations. The employee will receive copies of their performance expectations as well as notification of any modifications made during the review period. Employee work performance will be evaluated during probationary, trial service and transition review periods and at least annually thereafter. Notification will be given to a probationary or trial service employee whose work performance is determined to be unsatisfactory.
B. The supervisor will discuss the evaluation with the employee. The employee will have the opportunity to provide feedback on the evaluation. The discussion may include such topics as:
1. Reviewing the employee’s performance;
2. Identifying ways the employee may improve their performance;
3. Updating the employee’s position description, if necessary;
4. Identifying performance goals and expectations for the next appraisal period; and
5. Identifying employee training and development needs.
C. The performance evaluation process will include, but not be limited to, a written performance evaluation on forms used by the Employer, the employee’s signature acknowledging receipt of the forms, and any comments by the employee. A copy of the performance evaluation will be provided to the employee at the time of the review. A copy of the final performance evaluation, including any employee or reviewer comments, will be provided to the employee. The original performance evaluation forms, including the employee’s comments, will be maintained in the employee’s personnel file.
D. If an employee disagrees with their performance evaluation, the employee has the right to attach a rebuttal.
E. The performance evaluation process is subject to the grievance procedure in Article 30. The specific content of a performance evaluation is not subject to the grievance procedure.
F. Performance evaluations will not be used to initiate personnel actions such as transfer, promotion, or discipline.
