Appeal from a Severe Disciplinary Action Sample Clauses

Appeal from a Severe Disciplinary Action. An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge shall have the opportunity to appeal as described below. 1. Following a review of the proposed disciplinary action by the designated management representative, the latter shall cause to be served on the employee affected, by certified mail or personal delivery, a statement signed by him indicating, if applicable, the management representative's decision based on the employee's response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement shall clearly inform the employee that he, through the Association, has the right within fourteen (14) calendar days after receipt of this notice, to request in writing an appeal hearing before a hearing officer to contest the action of the management representative. The request must be filed by the Association with the director of the personnel department. The Hearing Officer shall be chosen in the same manner as the EHO is chosen for grievances under Article 12. 2. If, within the fourteen (14) calendar day appeal period the Association does not file said appeal, the action of management representative shall considered conclusive. 3. If, within the fourteen (14) calendar day appeal period, the Association files such notice of appeal by giving to the director of the personnel department written notice of appeal, then a time for an appealing hearing before a hearing officer shall be established which shall not be less than fourteen (14) calendar days, nor more than ninety (90) calendar days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing at least seven (7) calendar days prior to the hearing. 4. All hearings shall be private; provided, however, that the appellant may request a hearing be open to the public. 5. The hearing shall be conducted in a manner most conductive to determinations of the trust and NRS 233B.123 shall be used by the hearing officer as a guide in writing on evidentiary matters. 6. Each party shall have these rights: to be represented by legal counsel or other person of his choice; to call and examine witnesses on any matter relevant to the issues; or introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matte...
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Appeal from a Severe Disciplinary Action. ‌ An employee receiving a proposed suspension of four (4) working days or longer, demotion to an established classification with a lower maximum salary range, or discharge has the opportunity to appeal as described below. 1. Following a review of a proposed disciplinary action, the Undersheriff (or designee of the Sheriff) will serve on the employee affected, by certified mail or personal delivery, a statement signed by the Undersheriff (or designee) indicating, if applicable, his/her decision based on the employee’s response and, if the proposed action is to be implemented, the specific charges against the employee and the effective date of the action. This statement must clearly inform the employee that the employee, through the SBU, has the right, within ten (10) calendar days after receipt of this notice, to request in writing an appeal hearing before the Sheriff or his/her designee. The request must be filed by the SBU with the Human Resources Director. 2. If, within the appeal period the SBU does not file the appeal, the action of the Undersheriff (or designee) is conclusive. 3. If, within the appeal period, the SBU files a notice of appeal by giving to the Human Resources Director written notice of appeal, then the Human Resources Director will set a time for an appeal hearing before the Sheriff or his/her designee. The hearing must be held within ten (10) calendar days and a decision must be made within ten (10) calendar days after the hearing. 4. If the SBU files a notice of appeal within ten (10) calendar days from the decision of the Sheriff or his designee by giving to the Human Resources Director written notice of appeal, an External Hearing Officer (EHO) must be chosen, not be less than fourteen (14) calendar days, nor more than sixty
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Appeal from a Severe Disciplinary Action. An employee whose employment is proposed to be terminated shall be notified of the charges and have the opportunity to appeal as described below:
Sample 1

Related to Appeal from a Severe Disciplinary Action

  • Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.

  • No Disciplinary Action No Employee shall be discharged, penalized, disciplined or threatened for acting in compliance with the OHSA, its regulations and codes of practice and environmental laws, regulations or codes of practice, nor shall an Employee acting in compliance be intimidated or coerced.

  • Disciplinary Action (A) An employee who has attained permanent status in his current position may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplined. (C) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

  • Causes for Disciplinary Action For purposes of this article, disciplinary action shall mean an unpaid suspension not to exceed thirty

  • Disciplinary Actions Disciplinary Actions and Appeals shall be governed by SP&P, TSHRS regulations and TSHRS Disciplinary Action Policy 7G.l.

  • Notice of Disciplinary Action The Employer shall advise an Employee in writing of any disciplinary action taken including, but not limited to warning, reprimand, suspension, discharge or termination and the reasons in full for such action, at the time of taking any such action. The Employer shall also promptly provide the Union with a copy of each such disciplinary notice. If the matter is grieved by the Union, or otherwise litigated in any manner, the Employer shall be limited to those grounds (reasons) specified in the disciplinary notice for the action(s) taken.

  • Right to Grieve Other Disciplinary Action (a) Disciplinary action grievable by the employee shall include written censures, letters of reprimand and adverse reports or employee appraisals. (b) An employee shall be given a copy of any document, report, incident, or notation placed on the employee's file which might be the basis of disciplinary action. (c) Should an employee dispute any such entry in her file, she shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of her personnel record. (d) Upon the employee's written request, any such document, other than official evaluation reports, shall be removed from the employee's file after the expiration of eighteen (18) months from the date it was issued provided there has not been a further infraction. (e) The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing

  • Disciplinary Appeals All forms of disciplinary action which are not appealable to the Civil Service Commission or the courts, except written or oral reprimands and Forms 475, shall be subject to review through Steps 3, 4, 5 and 6 of the grievance procedure.

  • Pre-Disciplinary Meeting The College will schedule a pre-disciplinary meeting to permit the faculty member to respond to a notice of intent to discipline. At the beginning of any pre-disciplinary meeting, the College will describe its proposed discipline and the general reasons for issuing the proposed discipline.

  • Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the xxxxxxx or the Union.

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