Common use of Request for Review of Change in Duties Clause in Contracts

Request for Review of Change in Duties. 1. If an academic-staff member is assigned a substantial change in duties as referenced in Article XXIV.II.A.1, which they consider contrary to their current job classification and professional qualifications, they shall commence the performance of the new duties as assigned while seeking to settle the dispute via a meeting with the xxxx/director/vice president/Xxxxxxx (or their designee) as provided below. The request for a meeting must be made in writing within ten (10) working days after the academic-staff member has been notified of the proposed duties change by certified mail or after having been personally served in writing. At the academic-staff member's option, an AAUP- AFT representative may be present at the meeting. The meeting must be held within ten (10) working days of the academic-staff member’s written request. 2. If a mutually agreeable solution is reached at the conclusion of the meeting, the xxxx/director/vice president will write a new job description for the academic-staff member. The new job description will be provided within five (5) working days of the meeting. If the academic-staff member agrees with the new description of duties, they will sign it, and it will be effective on the date to which they and the xxxx/director/vice president agree. 3. If a mutually agreeable solution is not reached at the conclusion of the meeting, or upon review of the new description of duties, the AAUP-AFT may refer the matter, within five (5) working days, to an Appeals Committee of six (6) members selected from the Article XXX Hearing Panel for Academic-Staff Tenure and Promotion, empanelled according to the procedures under Article XXX. The Administration shall select three (3) members, and the Association shall select three (3) members. The President or their designee shall designate a person as chairperson who shall have the power to call meetings of the Appeals Committee and shall preside over the proceedings of the committee. Each three (3)-member group shall have no more than one (1) person from any School/College. The chairperson shall have no vote except in the case of a tie among other Appeals Committee members. The committee shall be appointed within five (5) working days after the referral is made. In the event that an Appeals Committee member shall become unable to serve, a new member shall be selected from the appropriate section (Association-chosen or University-chosen) of the Article XXX panel. Standing-panel members serve for two (2)-year terms, with the initial panel selected with staggered terms. The xxxx/director/vice president and the academic-staff member will provide the Appeals Committee and each other with copies of all documents relevant to the issue and the case. Opportunity shall be given after the initial hearing for Appeals Committee members to examine documents relevant to the issue and the case. No presentations shall be made by either party to the Appeals Committee, either individually or in committee, in the absence of the other party. The hearing may proceed in the absence of a committee member provided there has been adequate notice of the meeting. At minimum the chair and two (2) members of the Association side and two (2) members of the Administration side of the Article XXX panel must be present for the committee to meet. Either party or the Appeals Committee may call upon experts in the subject matter to make presentations to the committee, provided the experts have no conflict of interest as defined in University statutes. Committee members must be present to vote on matters before the committee. The Appeals Committee shall not engage in electronic voting on matters before it. The Appeals Committee shall meet, review, and submit its written recommendations to the President or his/her designee within fifteen (15) working days of its appointment. The committee shall confine its consideration and recommendations to the facts and circumstances surrounding the particular change in duties concerned. Any Appeals Committee member may append a minority report. 4. If the President or their designee agrees with the recommendations, they will implement any further changes within five (5) working days of the decision. If the President or their designee does not accept the Appeals Committee recommendations, they will meet with the committee and discuss the matter and so advise the academic-staff member in writing within five (5) working days of the decision. 5. If the President or their designee does not agree with the recommendation of the Appeals Committee, or if they do not inform the academic-staff member of their decision within thirty (30) days after receipt of the panel’s recommendation, the Association may refer to arbitration, in accordance with the procedures provided in Article XVII, Step II, the issue of whether or not the academic-staff member’s changes in duties are contrary to their job classification and professional qualifications. 6. If an academic-staff member believes that additional duties meant to be temporary or more limited in scope have accumulated to the point where they are no longer fair or reasonable, the academic- staff member may ask for a meeting with the immediate supervisor to discuss plans for ending or modifying the additional duties. At the academic-staff member’s option, an AAUP-AFT representative may be present at the meeting. If the outcome of the meeting is not satisfactory, the academic-staff member may appeal this accumulation of duties to the next level of supervision. If a member’s appeal to the xxxx/vice president is unsuccessful, the Association may appeal to the Xxxxxxx’x Office on the member’s behalf.

Request for Review of Change in Duties. 1. If an academic-staff member is assigned a substantial change in duties as referenced in Article XXIV.II.A.1, which they consider that s/he considers contrary to their his/her current job classification and professional qualifications, they s/he shall commence the performance of the new duties as assigned while seeking to settle the dispute via a meeting with the xxxx/director/vice president/Xxxxxxx (or their his/her designee) as provided below. The request for a meeting must be made in writing within ten five (105) working days after the academic-staff member has been notified of the proposed duties change by certified mail or after having been personally served in writing. At the academic-staff member's option, an AAUP- AAUP-AFT representative may be present at the meeting. The meeting must be held within ten five (105) working days of the academic-staff member’s written request. 2. If a mutually agreeable solution is reached at the conclusion of the meeting, the xxxx/director/vice president will write a new job description for the academic-staff member. The new job description will be provided within five (5) working days of the meeting. If the academic-staff member agrees with the new description of duties, they s/he will sign it, and it will be effective on the date to which they s/he and the xxxx/director/vice president agree. 3. If a mutually agreeable solution is not reached at the conclusion of the meeting, or upon review of the new description of duties, the AAUP-AFT may refer the matter, within five (5) working days, to an Appeals Committee of six (6) members selected from the Article XXX Hearing Panel for Academic-Staff Tenure and Promotion, empanelled according to the procedures under Article XXX. The Administration shall select three (3) members, and the Association shall select three (3) members. The President or their his/her designee shall designate a person as chairperson who shall have the power to call meetings of the Appeals Committee and shall preside over the proceedings of the committee. Each three (3)-member group shall have no more than one (1) person from any School/College. The chairperson shall have no vote except in the case of a tie among other Appeals Committee members. The committee shall be appointed within five (5) working days after the referral is made. In the event that an Appeals Committee member shall become unable to serve, a new member shall be selected from the appropriate section (Association-chosen or University-chosen) of the Article XXX panel. Standing-panel members serve for two (2)-year terms, with the initial panel selected with staggered terms. The xxxx/director/vice president and the academic-staff member will provide the Appeals Committee and each other with copies of all documents relevant to the issue and the case. Opportunity shall be given after the initial hearing for Appeals Committee members to examine documents relevant to the issue and the case. No presentations shall be made by either party to the Appeals Committee, either individually or in committee, in the absence of the other party. The hearing may proceed in the absence of a committee member provided there has been adequate notice of the meeting. At minimum the chair and two (2) members of the Association side and two (2) members of the Administration side of the Article XXX panel must be present for the committee to meet. Either party or the Appeals Committee may call upon experts in the subject matter to make presentations to the committee, provided the experts have no conflict of interest as defined in University statutes. Committee members must be present to vote on matters before the committee. The Appeals Committee shall not engage in electronic voting on matters before it. The Appeals Committee shall meet, review, and submit its written recommendations to the President or his/her designee within fifteen (15) working days of its appointment. The committee shall confine its consideration and recommendations to the facts and circumstances surrounding the particular change in duties concerned. Any Appeals Committee member may append a minority report. 4. If the President or their his/her designee agrees with the recommendations, they s/he or his/her designee will implement any further changes within five (5) working days of the decision. If the President or their his/her designee does not accept the Appeals Committee recommendations, they s/he will meet with the committee and discuss the matter and so advise the academic-academic- staff member in writing within five (5) working days of the decision. 5. If the President or their his/her designee does not agree with the recommendation of the Appeals Committee, Committee or if they do s/he does not inform the academic-staff member of their his or her decision within thirty (30) days after receipt of the panel’s recommendation, the Association may refer to arbitration, in accordance with the procedures provided in Article XVII, Step II, the issue of whether or not the academic-staff member’s changes in duties are contrary to their his/her job classification and professional qualifications. 6. If an academic-staff member believes that additional duties meant to be temporary or more limited in scope have accumulated to the point where they are no longer fair or reasonable, the academic- staff member may ask for a meeting with the immediate supervisor to discuss plans for ending or modifying the additional duties. At the academic-staff member’s option, an AAUP-AFT representative may be present at the meeting. If the outcome of the meeting is not satisfactory, the academic-staff member may appeal this accumulation of duties to the next level of supervision. If a member’s appeal to the xxxx/vice president is unsuccessful, the Association may appeal to the Xxxxxxx’x Office on the member’s behalf.