Common use of - Psychological Evaluations; Reasonable Basis; Appeals Clause in Contracts

- Psychological Evaluations; Reasonable Basis; Appeals. In accordance with the holding of the Minnesota Court of Appeals in Hill v. City of Winona, an employee may challenge the basis upon which the Chief or Assistant Chief relied in making the referral for the psychological evaluation before the employee shall be required to submit to a psychological fitness for duty evaluation pursuant to Section 23.02 (a). Such a dispute shall not be subject to the grievance procedures set forth in Article 5 of this Agreement, but instead shall be resolved by the procedure set forth herein. The dispute shall be referred to an appeal committee consisting of the President of the Union plus two persons designated by him/her and the Chief of the Department and two persons designated by him/her. The Committee shall review all the information available to the Chief regarding the referral for the evaluation for the purpose of determining whether the factual basis for the referral is accurate and whether the referral is necessary. The Committee may seek additional information or refer the matter back to the Chief for further investigation. The Committee shall have the authority to make a final determination regarding the underlying facts upon which the referral was based and regarding whether the referral is necessary. Decisions of the Committee shall be by consensus. The Committee may seek outside assistance in the event it is having difficulty reaching a consensus. If a consensus cannot be reached on the issue of the underlying facts, the decision of the Union President, after seeking and considering input from the Committee members, shall be final and binding. If a consensus cannot be reached on the issue of whether the fitness for duty exam is necessary, the decision of the Fire Chief, after seeking and considering input from the Committee members, shall be final and binding.

- Psychological Evaluations; Reasonable Basis; Appeals. In accordance with the holding of the Minnesota Court of Appeals in Hill v. City of Winona, an employee may challenge the basis upon which the Chief or Assistant Chief relied in making the referral for the psychological evaluation before the employee shall be required to submit to a psychological fitness for duty evaluation pursuant to Section 23.02 (a23.2(a). Such a dispute shall not be subject to the grievance procedures set forth in Article 5 of this Agreement, but instead shall be resolved by the procedure set forth herein. The dispute shall be referred to an appeal committee consisting of the President of the Union plus two persons designated by him/her and the Chief of the Department and two persons designated by him/her. The Committee shall review all the information available to the Chief regarding the referral for the evaluation for the purpose of determining whether the factual basis for the referral is accurate and whether the referral is necessary. The Committee may seek additional information or refer the matter back to the Chief for further investigation. The Committee shall have the authority to make a final determination regarding the underlying facts upon which the referral was based and regarding whether the referral is necessary. Decisions of the Committee shall be by consensus. The Committee may seek outside assistance in the event it is having difficulty reaching a consensus. If a consensus cannot be reached on the issue of the underlying facts, the decision of the Union President, after seeking and considering input from the Committee members, shall be final and binding. If a consensus cannot be reached on the issue of whether the fitness for duty exam is necessary, the decision of the Fire Chief, after seeking and considering input from the Committee members, shall be final and binding.

- Psychological Evaluations; Reasonable Basis; Appeals. In accordance with the holding of the Minnesota Court of Appeals in Hill v. City of Winona, an employee may challenge the basis upon which the Chief or Assistant Chief relied in making the referral for the psychological evaluation before the employee shall be required to submit to a psychological fitness for duty evaluation pursuant to Section 23.02 (a24.02(a). Such a dispute shall not be subject to the grievance procedures set forth in Article 5 of this Agreement, but instead shall be resolved by the procedure set forth herein. The dispute shall be referred to an appeal committee consisting of the President of the Union plus two persons designated by him/her and the Chief of the Department and two persons designated by him/her. The Committee shall review all the information available to the Chief regarding the referral for the evaluation for the purpose of determining whether the factual basis for the referral is accurate and whether the referral is necessary. The Committee may seek additional information or refer the matter back to the Chief for further investigation. The Committee shall have the authority to make a final determination regarding the underlying facts upon which the referral was based and regarding whether the referral is necessary. Decisions of the Committee shall be by consensus. The Committee may seek outside assistance in the event it is having difficulty reaching a consensus. If a consensus cannot be reached on the issue of the underlying facts, the decision of the Union President, after seeking and considering input from the Committee members, shall be final and binding. If a consensus cannot be reached on the issue of whether the fitness for duty exam is necessary, the decision of the Fire Chief, after seeking and considering input from the Committee members, shall be final and binding.