If you received a poor performance evaluation that is marked satisfactory, and on this evaluation you are also recommended for non-renewal, please contact the Grievance & Workplace Concerns Committee immediately by filling out this intake form.
1) How many days does a member have to respond to an “unsatisfactory” performance evaluation and request that their evaluation be reviewed by the Chair of the Committee on Professional Evaluations (CCPE)?
10 working days. “A professional employee who seeks a review of a final evaluation report characterized as “unsatisfactory” must inform the immediate supervisor in writing, the CCPE, and the college president or designee within ten (10) working days of receipt of the report. Upon being notified that the professional employee is requesting a review, the immediate supervisor shall, within five (5) working days, provide the CCPE a dated copy of the final evaluation report.”
2) How many days does a member have to respond to a “notification for recommendation of non-renewal”?
5 working days. “Where, in connection with consideration of a professional employee for appointment, reappointment, or promotion, a file of evaluative material is developed by a committee or committees of professional employees which may exist to evaluate and make recommendations with respect to appointment, reappointment, or promotion of a professional employee, and where such file, or the personnel file, or part thereof, if that is the file that is used, is first submitted to the last management administrative officer of the College for consideration, the professional employee to whom the evaluative or personnel file, or part thereof, pertains shall, subject to subdivision (d), have at least five (5) working days to both examine such file and file a statement in response to any item contained therein; provided, however, statements solicited in connection with the employee’s appointment, reappointment, or promotion and any documents which would identify the source of the statements shall not be available to the employee.”
3) Does a member have to sign their performance evaluation?
No, but the member signing an evaluation does not mean they agree with the evaluation, just that they received it. Copies, signed and dated by the professional employee and the immediate supervisor, shall be distributed to the professional employee and the evaluator’s supervisor, and a copy shall be placed in the professional employee’s personnel file. If the supervisor and the employee do not concur on the performance program, the employee has the right to attach a statement to the performance program within 10 working days from receipt.
4) How many days does a member have to respond to a counseling memo?
10 days. This is not in the contract though! It is universally assumed as practice. Per the Office of Employee Relations Supervisor’s Guide to Counseling: “…employees have the right to respond to the memo in writing. If the employee chooses to file a response, such response must be placed in the personal history folder with the original memo.”
5) Does a member have the right to union representation for counseling?
No, it is a supervisor’s right to counsel, so long as the counseling meeting focuses on job performance and improvement. If the member is told they are being punished (by docked pay, etc.) then the meeting is not counseling and that may be a violation of the contract.
If you are facing an urgent matter, contact the Chapter Office at 631-632-6570 or westchapter@stonybrook.edu
