1. The Productivity Committee shall consist of one member from the Local Union, one member from the Association, and a Public member.  the Public member shall be a mutually agreed upon neutral third party appointed by the Local Union and Association's representatives to the Committee.  Either party may at any time decide that the neutral third party be removed for any reason.  The Productivity Committee shall consider any complaint from the Union, any member or any signatory employer arising from or relating the Standard of Excellence.
2. The Productivity Committee shall have the power to make a final and binding decision on any matter referred to it which shall be complied with the by the Local Union, signatory employers and the Association, as the case may be, and employees covered by the collective bargaining agreement.  The Committee is not authorized to add to, or subtract from, or modify any of the provisions of the collective bargaining agreement and its decision shall be in accord with the Agreement.
3. A member who is discharged for cause 3 times within a twelve-month period or who has engaged in serious misconduct in violation of the Standard for Excellence shall be referred to the neutral member of the committee to determine the member's continued eligibility to seek referral or continue to work for signatory contractor.  The neutral member of the committee shall try, within five business days, to review the qualifications of the member, the reason for the discharges or other evidence relating to violation with the Standard for Excellence.
4. The neutral member of the Committee, may, in his/her sole discretion issue a final and binding decision providing: (1) that the member obtain further training from the JATC;  (2) disqualify the member for referral or continued employment for any signatory contractor for a period of two weeks or longer, depending on the seriousness off the conduct and/or repetitive nature of the conduct;  (3) refer the member to an employee assistance program, if available for evaluation, treatment, or recommended action;  or (4) declare the member eligible for continued referral or employment, pursuant to the collective bargaining agreement including restoration of the member to his/her appropriate place on the referral list.
5. The committee shall have the p0wer to establish rules concerning persons referred to the Committee, including the use of transcripts, lawyers and the like in keeping with the need to maintain an orderly and efficient process unencumbered by excessive formality and delay.
6. Nothing in the process herein shall prevent a member for filing a grievance relating to the underlying termination for cause in a timely manner after that termination occurs.  the process shall also not negate any established agreed upon drug policy, including the penalties contained in that policy.
7. The costs of the Committee, including the cost of the neutral shall be borne equally by the Local Union and the Association.

Note:  A member shall have 10 working days to file a grievance if he/she disagrees with the reason for separation on the Separation Notice.