Common use of Review and Recommendations Clause in Contracts

Review and Recommendations. 7.3.1. For FY 2017, FY 2018, and FY 2019, the allocation of the ▇▇▇▇▇▇▇ Market Pool shall be made by the ▇▇▇▇▇▇▇ with the advice of a Joint Administration-BGSU-FA Committee (“▇▇▇▇▇▇▇ Market Pool Committee” or “PMPC”). The purpose of the PMPC is to advise the ▇▇▇▇▇▇▇ on his/her decisions to address both internal market adjustments (e.g., salary compression and inversion) and external market adjustments (e.g., peer or benchmark institutions) for BUFMs by rank (Professor with special title, Professor without special title, Associate Professor, Assistant Professor, Senior Lecturer, Lecturer, and Instructor). 7.3.2. The PMPC shall consist of three members selected by the ▇▇▇▇▇▇▇ (to include one university-level administrator, one ▇▇▇▇, and one Chair/Director) and three members selected by the BGSU-FA (representing both TTF and NTTF). The Committee shall be chaired by the ▇▇▇▇▇▇▇ and shall serve in an advisory capacity to the ▇▇▇▇▇▇▇, providing advice that may include: (a) determining the appropriate comparable institutions, whether as a whole or for certain disciplines, to serve as the salary benchmarks for BUFMs by rank, by discipline, and other relevant factors; (b) suggesting approaches to address the technical details of the compression/market adjustments; (c) devising a mutually acceptable way to carry out the calculations where strict application of this section is not possible due to limitations in the available data or other technical reasons; (d) developing guidelines to address the issue of individuals below market because of non-meritorious service or lack of performance; (e) suggesting approaches to construct, maintain, and amend the benchmark lists and adjust for years of service factor parameters based on a continuing review of the available data; and (f) considering information received from department/school and college. 7.3.3. The ▇▇▇▇▇▇▇’▇ decision on market pool increases shall be shared with the President of the BGSU-FA prior to implementation. If the BGSU-FA believes that the ▇▇▇▇▇▇▇ has made any erroneous determinations, the BGSU-FA shall deliver to the ▇▇▇▇▇▇▇ all of its objections in writing no later than fifteen (15) business days after the BGSU-FA President has received the above referenced explanation. If the BGSU-FA does not deliver a timely objection, the decision of the ▇▇▇▇▇▇▇ is final and binding. If the ▇▇▇▇▇▇▇ and President of the BGSU-FA cannot resolve the objections raised by the BGSU-FA, the President and ▇▇▇▇▇▇▇ shall meet with the BGSU-FA President and his/her designee to reach a final decision on market pool increases. If a final decision cannot be reached by this group, the BGSU-FA President shall deliver those objections to ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, who shall retain jurisdiction to determine if in fact the ▇▇▇▇▇▇▇ has made any erroneous determinations. ▇▇. ▇▇▇▇▇ shall overturn any determination by the ▇▇▇▇▇▇▇ only upon a finding that the ▇▇▇▇▇▇▇ acted arbitrarily and capriciously. Neither the BGSU-FA nor any BUFM shall have the right to file a grievance under Article 13, with respect to the subject matter of this Section 7.2. This process is the sole basis for contesting the decision of the ▇▇▇▇▇▇▇ or of the fact-finder as to these issues and it is the intent of the Parties that this procedure is the sole and exclusive procedure to resolve any such dispute.

Review and Recommendations. 7.3.1. For FY 20172014, FY 2018, 2015 and FY 20192016, the allocation of the ▇▇▇▇▇▇▇ Market Pool pool shall be made by the ▇▇▇▇▇▇▇ with ▇/VPAA based upon the advice of recommendations from a Joint Administration-BGSU-FA Committee (“▇▇▇▇▇▇▇ Market Pool Committee” or “PMPC”). The purpose of the PMPC is to advise Joint Administration-BGSU-FA Committee shall be determining the ▇▇▇▇▇▇▇ on his/her decisions appropriate benchmarks within disciplines to address both internal compression/market adjustments (e.g., salary compression and inversion) and external market adjustments (e.g., peer or benchmark institutions) adjustment issues for BUFMs Bargaining Unit Faculty Members by rank (Professor with special title, Professor without special title, Associate Professor, Assistant Professor, Senior Lecturer, Lecturer, Lecturer and Instructor). 7.3.2. The PMPC Joint Administration-BGSU-FA Committee shall consist of three members selected by the ▇▇▇▇▇▇▇ (to include one university-level administrator, one ▇▇▇▇, and one Chair/Director) /VPAA and three members selected by the BGSU-FA (representing both TTF and NTTF)FA. The Committee shall be chaired by the ▇▇▇▇▇▇▇ and shall serve in an advisory capacity to the ▇▇▇▇▇▇▇, providing advice that may includeis tasked with: (a1) determining the appropriate comparable institutions, whether as a whole or for certain disciplines, to serve as the salary benchmarks for BUFMs Bargaining Unit Faculty Members by rank, by discipline, and other relevant factors; (b2) suggesting approaches to address the technical details of the compression/market adjustments; (c3) devising a mutually acceptable way to carry out the calculations where strict application of this section is not possible due to limitations in the available data or other technical reasons; (d4) developing guidelines to address the issue of individuals below market because of non-meritorious service or lack of performance; (e5) suggesting approaches to construct, maintain, and amend the benchmark lists and adjust for years of service factor parameters based on a continuing review of the available data; and (f6) considering information received from departmentDepartment/school School and college. 7.3.3College. The ▇▇▇▇▇▇▇’▇ decision on market pool increases This committee shall be shared with the President of the BGSU-FA prior to implementation. If the BGSU-FA believes that the ▇▇▇▇▇▇▇ has made any erroneous determinations, the BGSU-FA shall deliver make a recommendation to the ▇▇▇▇▇▇▇ all of its objections in writing no later than fifteen (15) business days after ▇/VPAA. The final decision with respect to the BGSU-FA President has received the above referenced explanation. If the BGSU-FA does not deliver a timely objection, the decision of allocation resides with the ▇▇▇▇▇▇▇ is final and binding▇/VPAA. If Any changes from the ▇▇▇▇▇▇▇ and Joint Administration- BGSU-FA committee recommendations must be explained in writing to the President of the BGSU-FA cannot resolve the objections raised by the BGSU-FA, the President and ▇▇▇▇▇▇▇ shall meet with the BGSU-FA President and his/her designee to reach a final decision on market pool increases. If a final decision cannot be reached by this group, the BGSU-FA President shall deliver those objections to ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, who shall retain jurisdiction to determine if in fact the ▇▇▇▇▇▇▇ has made any erroneous determinations. ▇▇. ▇▇▇▇▇ shall overturn any determination by the ▇▇▇▇▇▇▇ only upon a finding that the ▇▇▇▇▇▇▇ acted arbitrarily and capriciously. Neither the BGSU-FA nor any BUFM shall have the right to file a grievance under Article 13, with respect to the subject matter of this Section 7.2. This process is the sole basis for contesting the decision of the ▇▇▇▇▇▇▇ or of the fact-finder as to these issues and it is the intent of the Parties that this procedure is the sole and exclusive procedure to resolve any such dispute.