ALTERNATIVE DISPUTERESOLUTION Sample Clauses

ALTERNATIVE DISPUTERESOLUTION. In the event of: Punitive action consisting of discharge, demotion or suspension on the grounds other than merit; and Within 15 days after service upon the employee of the Notice of Discipline the Union gives written notice to the Fire Chief that the Union is willing to represent the employee in an arbitration over the disciplinary action; and The employee gives written notice to the Fire Chief within the same 15-day period that the employee elects to waive their right to appeal under section 3250 of the California Government Code and appeals the disciplinary action instead pursuant to the following provisions for binding arbitration or disciplinary appeals., the following procedures shall be followed: If the District and the Union fail to agree on the person to serve as the arbitrator, a request shall be submitted to the California Mediation and Conciliation Service for a list of seven (7) qualified and experienced labor arbitrators. Either the District or the Union may submit this request. In the event the District and the Union fail to agree to the selection of one of the persons on said list to serve as the arbitrator, the District and the Union shall alternatively strike names from the list until only one name remains. That person shall serve as the arbitrator. The party to strike the first name shall be determined by lot. The District and the Union shall split the cost of the arbitrator, including the cost of the reports, evenly. The issue to be decided by the arbitrator shall be whether just cause existed for the disciplinary action and if not, what shall be the remedy. The arbitrator’s decision of this issue shall be final and binding on the parties.