Common use of Re-examination Process Clause in Contracts

Re-examination Process. 11.4.1 Within 60 calendar days of receiving the results of the position review, the Union may request a re-examination of the review by designated Employee Representatives with the College Representative who has evaluated the position. 11.4.2 The Union will be responsible for arranging a meeting between the designated Employee Representative(s) and the College Representative to re-examine the position review within 60 calendar days of the notice to the College in Clause 11.4.1. 11.4.3 The request will include the areas to be reviewed and the reasons for the re- examination. 11.4.4 Any errors or omissions in the request may be corrected at a later step and will not cause a re-examination to be lost. 11.4.5 Following the re-examination, the College Representative will advise the Human Resources Representative and the Union the results of the re-examination. 11.4.6 This reconsideration and decision process will be completed within 15 working days. 11.5.1 If the Union is dissatisfied with the decision in Clause 11.4.5, the matter may be referred, within 15 working days of the receipt of the decision, to a Human Resources Representative and the National Representative of the Union, or their designates, who will attempt to settle it. This step will not exceed 15 working days. 11.5.2 If the Parties are not able to agree on the rating or the status of a request under Clause 11.2.5, the matter will be referred to non-binding investigation by Xxxxx Xxxxx. 11.5.3 The Investigator's remuneration and expenses will be paid equally by the College and the Union. 11.5.4 The Parties will meet informally with the Investigator to attempt to agree on any unresolved appeals. 11.5.5 If agreement is reached, the applicable factors for the position will be adjusted and the appeal will be resolved. 11.6.1 If agreement cannot be reached, a formal hearing will be held by the Investigator according to the terms of Article 10.5 Step 4 – Investigator and Articles 11.4, 11.5 and 11.6. 11.6.2 The Parties will provide all relevant information and documentation to the Investigator before the hearing. 11.6.3 The Parties will not use legal counsel in an investigation. 11.6.4 Participation in the investigation hearing is limited to one Union Representative, one College Representative, the employee, the Supervisor (if necessary or appropriate) and other Union and College observers or advisors. 11.6.5 If the Parties accept the recommendations of the Investigator, the applicable factors for the position will be adjusted and the appeal will be resolved. 11.7.1 If either Party rejects the recommendation of the Investigator, the matter will be referred to Xxxxx Xxxxx as Arbitrator for a final and binding decision. 11.7.2 Each Party will pay one-half the costs of the Arbitration. 11.7.3 The Parties will provide the Arbitrator with written submissions on the issues in dispute before the hearing. 11.7.4 Either Party will give the other sufficient advance notice if it intends to use legal counsel at the Arbitration. 11.7.5 The decision of the Arbitrator may take the form of amendments to the Individual Job Rating Sheet and/or additional or amended Notes to Raters but may not amend the language of factors or factor degrees contained in the Plan. 11.7.6 Either Party may, after 10 decisions of the Arbitrator, require the substitution of another Arbitrator. 11.7.7 The Union will be responsible for advancing the matter to each following step of the procedure and will do so by notifying the College in writing within the time limits described. 11.7.8 If notice is not given, the matter will be considered abandoned and all future appeal under this Agreement will be at an end. 11.7.9 The time limits in this Article may be extended by mutual agreement. Extensions must be supported by serious argument and either Party has the right to refuse an extension of time.