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 Xxxxxxx Market Pool shall be made by the Xxxxxxx with the advice of a Joint Administration-BGSU-FA Committee (“Xxxxxxx Market Pool Committee” or “PMPC”). The purpose of the PMPC is to advise the Xxxxxxx 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 Xxxxxxx (to include one university-level administrator, one Xxxx, and one Chair/Director) and three members selected by the BGSU-FA (representing both TTF and NTTF). The Committee shall be chaired by the Xxxxxxx and shall serve in an advisory capacity to the Xxxxxxx, 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 Xxxxxxx’x 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 Xxxxxxx has made any erroneous determinations, the BGSU-FA shall deliver to the Xxxxxxx 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 Xxxxxxx is final and binding. If the Xxxxxxx and President of the BGSU-FA cannot resolve the objections raised by the BGSU-FA, the President and Xxxxxxx 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 Xxxxxx X. Xxxxx, who shall retain jurisdiction to determine if in fact the Xxxxxxx has made any erroneous determinations. Xx. Xxxxx shall overturn any determination by the Xxxxxxx only upon a finding that the Xxxxxxx 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 Xxxxxxx 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 Xxxxxxx Market Pool pool shall be made by the Xxxxxxx with Xxxxxxx/VPAA based upon the advice of recommendations from a Joint Administration-BGSU-FA Committee (“Xxxxxxx Market Pool Committee” or “PMPC”). The purpose of the PMPC is to advise Joint Administration-BGSU-FA Committee shall be determining the Xxxxxxx 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 Xxxxxxx (to include one university-level administrator, one Xxxx, and one ChairXxxxxxx/Director) VPAA and three members selected by the BGSU-FA (representing both TTF and NTTF)FA. The Committee shall be chaired by the Xxxxxxx and shall serve in an advisory capacity to the Xxxxxxx, 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. This committee shall make a recommendation to the Xxxxxxx/VPAA. The Xxxxxxx’x final decision on market pool increases shall with respect to the allocation resides with the Xxxxxxx/VPAA. Any changes from the Joint Administration- BGSU-FA committee recommendations must be shared with explained in writing to the President of the BGSU-FA prior to implementation. If the BGSU-FA believes that the Xxxxxxx has made any erroneous determinations, the BGSU-FA shall deliver to the Xxxxxxx 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 Xxxxxxx is final and binding. If the Xxxxxxx and President of the BGSU-FA cannot resolve the objections raised by the BGSU-FA, the President and Xxxxxxx 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 Xxxxxx X. Xxxxx, who shall retain jurisdiction to determine if in fact the Xxxxxxx has made any erroneous determinations. Xx. Xxxxx shall overturn any determination by the Xxxxxxx only upon a finding that the Xxxxxxx 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 Xxxxxxx 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.