Appeal Hearing Clause Samples

Appeal Hearing. The President or designee shall schedule a meeting with the employee and hear the appeal within fifteen (15) days of receipt of the notice of intent to appeal.

Appeal Hearing. A. The Appeal Hearing will be conducted in the following manner: 1. Representatives of the employee and the Board of Trustees shall select an arbitrator as the hearing officer. The District and CSEA shall each obtain/maintain a list of five arbitrator(s) from the American Arbitration Association or the California Mediation and Conciliation Board. Selection shall be made by mutual agreement or by alternately striking one name from the list until only one name remains. The arbitrator shall be considered the designee of the Board of Trustees to conduct the hearing and report findings, conclusions, and recommendations to the Board of Trustees. 2. The District and the employee shall each have their right to compel attendance of any other employees of the District to testify, to cross examine all witnesses, to present such exhibits and/or other evidence as may be ruled relevant to the case. Technical rules of evidence shall not apply. 3. The employee shall have a right to appear in person on his/her own behalf with designees or representation provided by CSEA as the exclusive representative as he/she requests to represent his/her defense. An employee may provide outside counsel by signing a B. Counsel/representatives for the respective parties shall exchange witness lists at least five (5) working days prior to the hearing. C. The hearing shall be held at the earliest convenient date, considering the established schedule of the arbitrator and the availability of counsel and witnesses. The parties shall be notified of the date, time and place of the hearing. D. In arriving at a decision or proposed decision, the arbitrator may consider the records of any prior personnel action proceeding against the employee in which another personnel action was sustained and any records contained in the employee’s personnel files within the last two (2) years, if the records were introduced into evidence at the hearing. E. The recommendation of the arbitrator shall be submitted to the Board of Trustees and shall be in writing, summarizing the facts, setting forth findings and making a recommended decision. A copy shall be served by registered/certified regular U.S. Mail upon the appellant and appellant’s representative/counsel. F. The proposed decision of the arbitrator shall be considered by the Board of Trustees, which shall thereafter render a final decision on the matter. The Board of Trustees may accept or reject the decision. However, if the decision of the Board of Truste...

Appeal Hearing. Level II 1. The Member has thirty (30) days from the notification of the Level I decision to request a Level II appeal hearing. 2. Within ten (10) days of receipt of a written request for a Level II appeal hearing, the HMO will provide the Member filing the request with an acknowledgement letter. 3. The Regional Grievance Unit will review all of the information submitted and gather any additional information necessary to prepare and render a decision about the grievance. If there is insufficient information available to make a decision the Regional Grievance Unit will, within ten

Appeal Hearing. If the grievance is not resolved at Step 1, it must be submitted for an appeal hearing, in writing, to Allina Labor Relations, by the Union Representative and/or the Union ▇▇▇▇▇▇▇. The appeal must be submitted to the Director/Vice-President of Allina Labor Relations within twenty (20) calendar days after receipt of the Step One decision. Within five business days from receipt of the appeal, representatives from the Employer and Union will agree to a date to meet to resolve the grievance. Within ten (10) business days after the date of the meeting, the Employer will issue a decision in writing on the grievance to the Union Representative and/or Union ▇▇▇▇▇▇▇ attending the meeting.

Appeal Hearing. Upon receipt of a written notice of appeal, the County Administrative Officer shall then select the county representative of the Labor Relations Committee. The appellant shall notify the County Administrative Officer with the name of his/her representative to the committee. The two committee members shall jointly request a list of five (5) neutrals from the State Conciliation Service. Within five (5) working days after receiving the list of neutrals, the parties shall select a name from the list and shall notify the County Administrative Officer of the name of the selected Hearing Officer. The County Administrative Officer will then notify the State Conciliation Service of the selection. If the parties are unable to agree on a name, the Hearing Officer shall be selected by alternately striking a name from the list with the first option to strike determined by lot. The Labor Relations Committee shall within fifteen (15) working days from the filing of the appeal, commence the hearing thereof and shall notify the interested parties of the time and place of hearing at least five (5) working days in advance thereof. The time limits herein imposed may be extended by mutual consent of the parties. Any cost of the service of the Hearing Officer shall be shared equally by the parties.

Appeal Hearing. A. Upon receipt of a written notice of appeal, the County Administrative Officer shall check it as to form and timeliness and shall then select the county representative of the Labor Relations Committee. The appellant shall notify the County Administrative Officer with the name of his/her representative to the committee. The two committee members shall jointly request a list of five (5) neutrals from the State Conciliation Service. Within five (5) working days after receiving the list of neutrals, the parties shall select a name from the list and shall notify the State Conciliation Service of the name of the selected Hearing Officer. If the parties are unable to agree on a name, the Hearing Officer shall be selected by alternately striking a name from the list with the first option to strike determined by lot. Any cost of the service of the Hearing Officer shall be shared equally by the parties. B. The hearing shall be conducted before the Hearing Officer as a full- scale evidentiary hearing, with full due process rights, including the right to present witnesses, present evidence, cross-examine opposing witnesses, and be represented and with findings to support the decision.

Appeal Hearing. The hearing shall be before a neutral hearing officer selected by the City Manager. The fees of the hearing officer will be paid by the City. The hearing shall be a full evidentiary hearing. Both the City and the appealing employee may be represented by counsel, call parties to testify under oath, cross-examine all witnesses, and present such evidence as the hearing officer deems relevant to the matter. The hearing shall be informal and need not be conducted according to technical rules of evidence. However, the hearing shall be recorded by use of a stenographic reporter or electronic recording machine. The fees of recording the proceedings will be paid by the City. Upon completion of the hearing, a written advisory decision shall be signed and filed by the hearing officer with the City Manager, within ten (10) working days, unless otherwise stipulated by parties of the hearing.

Appeal Hearing. Hearings on appeals filed in accordance with the provisions of this Article 22 shall be as follows:

Appeal Hearing. The appeal hearing shall be limited to the issue of whether the assessment of monetary charges pursuant to this subsection is justified based on the facts and circumstances of the matter on appeal. The Council shall receive a report from the City Manager and shall give the Grantee and/or its representatives a reasonable opportunity to be heard and to present evidence to the City Council. The City Council shall thereafter make a written determination with respect to the assessment of monetary charges. Grantee shall pay to the City all monetary charges imposed hereunder within ten (10) working days after the date of the Council's decision. Amounts owed hereunder shall accrue interest at the rate of 10%-per annum from the date due until fully paid. If said charges are not fully and timely paid, the City may proceed against the performance bond required by this Agreement in addition to exercising any other remedy it may have hereunder or at law or in equity.