Advisory Arbitration of Minor Discipline. A. Employees may, through the Union, appeal minor discipline that involves suspensions to advisory arbitration within 30 calendar days of receipt of the final determination, by filing a request for arbitration. Requests for arbitration will be filed using the attached form A. The form should be filed with the Counsel’s Office. Only the union will have the right to arbitrate a minor disciplinary action. B. The arbitrator will be selected on a rotation basis from a panel of arbitrators mutually acceptable to labor and management. The parties will mutually appoint arbitrators to fill vacancies on the panel during the life of this Agreement. C. Arbitrations will be scheduled on a regular basis and may be held regionally. No more than three hours may be spent on any one case, with each party having a maximum of 1 ½ hours for presentation of their case. The objective is for the arbitrator to review as many cases in the day as practicable. D. Written statements of no more than 5 pages may be submitted no later than 5 business days prior to the arbitration. E. Appeals will be heard within 60 days of assignment of an arbitrator. F. The hearing will determine whether the discipline was imposed in accordance with the just cause provisions of Section 9.3 in the contract. The hearing will be limited to the charges sustained and penalty imposed at the local level. Prior to the hearing, the parties will confer in order to clarify or narrow the issues being appealed as may be appropriate. G. Parties shall have the right to introduce a reasonable number of witnesses and present documentary evidence. A necessary witness who is an employee of the Judiciary will be permitted to appear without loss of pay for the time of appearance and travel time as required. H. The arbitrator shall render a decision at the conclusion of the hearing accepting, rejecting, or modifying the hearing officer’s decision with a concise statement of reason(s). See attached form “B”. I. The advisory decision of the arbitrator will be recommended to the Administrative Director or their designee. Prior to issuing a final decision not to accept an advisory decision, in whole or in part, the Administrative Director or their designee, will meet with the Union to discuss that decision. If a disciplinary appeal is decided in favor of the employee, the arbitrator shall have authority to recommend an appropriate remedy, which may include but is not limited to reinstatement, back pay, and the granting of specific benefits.
Appears in 3 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Advisory Arbitration of Minor Discipline. A. Employees may, through the Union, appeal minor discipline that involves suspensions to advisory arbitration within 30 calendar days of receipt of the final determination, by filing a request for arbitration. Requests for arbitration will be filed using the attached form A. The form should be filed with the Counsel’s Office. Only the union will have the right to arbitrate a minor disciplinary action.
B. The arbitrator will be selected on a rotation basis from a panel of arbitrators mutually acceptable to labor and management. The parties Arbitrators will mutually appoint arbitrators to fill vacancies be reviewed and selected on the panel during the life of this Agreementan annual basis.
C. Arbitrations will be scheduled on a regular basis and may be held regionally. No more than three hours may be spent on any one case, with each party having a maximum of 1 ½ hours for presentation of their case. The objective is for the arbitrator to review as many cases in the day as practicable.
D. Written statements of no more than 5 pages may be submitted no later than 5 business days prior to the arbitration.
E. Appeals will be heard within 60 days of assignment of an arbitrator.
F. The hearing will determine whether the discipline was imposed in accordance with the just cause provisions of Section 9.3 in the contract. The hearing will be limited to the charges sustained and penalty imposed at the local level. Prior to the hearing, the parties will confer in order to clarify or narrow the issues being appealed as may be appropriate.
G. Parties shall have the right to introduce a reasonable number of witnesses and present documentary evidence. A necessary witness who is an employee of the Judiciary will be permitted to appear without loss of pay for the time of appearance and travel time as required.
H. The arbitrator shall render a decision at the conclusion of the hearing accepting, rejecting, or modifying the hearing officer’s decision with a concise statement of reason(s). See attached form “B”.
I. The advisory decision of the arbitrator will be recommended to the Administrative Director or their his/her designee. Prior to issuing a final decision not to accept an advisory decision, in whole or in part, the Administrative Director or their his/her designee, will meet with the Union to discuss that decision. If a disciplinary appeal is decided in favor of the employee, the arbitrator shall have authority to recommend an appropriate remedy, which may include but is not limited to reinstatement, back pay, and the granting of specific benefits.
J. The parties will split the cost of the arbitration equally. If the arbitrator hears cases involving employees from other Unions, the cost of the arbitrator shall be prorated based on the length of the matter(s) heard that day.
X. Xxxxx discipline is not subject to the grievance or arbitration provisions in this contract, except as outlined in 9.7 above.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Advisory Arbitration of Minor Discipline. A. Employees may, through the Union, appeal minor discipline that involves suspensions to advisory arbitration within 30 calendar days of receipt of the final determination, by filing a request for arbitration. Requests for arbitration will be filed using the attached form A. The form should be filed with the Counsel’s Office. Only the union will have the right to arbitrate a minor disciplinary action.
B. The arbitrator will be selected on a rotation basis from a panel of arbitrators mutually acceptable to labor and management. The parties Arbitrators will mutually appoint arbitrators to fill vacancies be reviewed and selected on the panel during the life of this Agreementan annual basis.
C. Arbitrations will be scheduled on a regular basis and may be held regionally. No more than three hours may be spent on any one case, with each party having a maximum of 1 ½ hours for presentation of their case. The objective is for the arbitrator to review as many cases in the day as practicable.
D. Written statements of no more than 5 pages may be submitted no later than 5 business days prior to the arbitration.
E. Appeals will be heard within 60 days of assignment of an arbitrator.
F. The hearing will determine whether the discipline was imposed in accordance with the just cause provisions of Section 9.3 in the contract. The hearing will be limited to the charges sustained and penalty imposed at the local level. Prior to the hearing, the parties will confer in order to clarify or narrow the issues being appealed as may be appropriate.
G. Parties shall have the right to introduce a reasonable number of witnesses and present documentary evidence. A necessary witness who is an employee of the Judiciary will be permitted to appear without loss of pay for the time of appearance and travel time as required.
H. X. The arbitrator shall render a decision at the conclusion of the hearing accepting, rejecting, or modifying the hearing officer’s decision with a concise statement of reason(s). See attached form “B”.
I. The advisory decision of the arbitrator will be recommended to the Administrative Director or their his/her designee. Prior to issuing a final decision not to accept an advisory decision, in whole or in part, the Administrative Director or their his/her designee, will meet with the Union to discuss that decision. If a disciplinary appeal is decided in favor of the employee, the arbitrator shall have authority to recommend an appropriate remedy, which may include but is not limited to reinstatement, back pay, and the granting of specific benefits.
J. The parties will split the cost of the arbitration equally. If the arbitrator hears cases involving employees from other Unions, the cost of the arbitrator shall be prorated based on the length of the matter(s) heard that day.
X. Xxxxx discipline is not subject to the grievance or arbitration provisions in this contract, except as outlined in 9.7 above.
Appears in 1 contract
Samples: Collective Bargaining Agreement