Appeal of Discharge. Employees who are discharged have the right to the following procedures in lieu of appeal to the Board of Employee Appeals. All interested parties shall be notified in writing of the date, time, and place of hearing at least five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals the County and the Association may jointly agree to schedule the matter for review by the Personnel Director and or mediation with a Mediator from the State Mediation and Conciliation Service (or another jointly agreed upon source). Such review and or mediation would be scheduled prior to a hearing before the Arbitrator with the goal of resolving the issue prior to the formal hearing before the Arbitrator.
1. The Arbitrator shall be selected by requesting a list of nine (9) labor arbitrators from the American Arbitration Association or State Mediation and Conciliation Service and following that organization's selection procedure.
2. All hearings shall be private; provided, however, that the appellant may request the hearing be open to the public.
3. The hearing shall be conducted in a manner most conducive to determinations of the truth. The Voluntary Labor Arbitration Rules promulgated by the American Arbitration Association shall be used by the Arbitrator as a guide in ruling on evidentiary matters.
4. Each party shall have the right to be represented by legal counsel or other person of his/her choice; to call and examine witnesses on any matter relevant to the issues; to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered on direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in his/her own behalf, s/he may be called and examined as if under cross-examination. Every witness shall declare by oath or affirmation that s/he will testify truthfully.
5. The Arbitrator shall determine whether to sustain, reject, or modify the action discharging the employee.
6. Mutually incurred costs for the Arbitration procedure shall be divided equally between the County and the Association.
7. The jurisdiction and authority of the Arbitrator and his/her opinion and award shall be confined exclusively to deciding properly filed, timely appeals from Severe Disciplinary Action or other termination for cause as defined above. S/he shall have no author...
Appeal of Discharge. Should a discharged employee or the Union representative and the Plant Shop Committee consider the discharge to be improper, a complaint shall be presented in writing through the Plant Shop Committee to the designated Labour Relations Representative within forty-eight (48) hours of the discharge. The Management of the plant will review the discharge and give its answer within seventy-two (72) hours after receiving the complaint. The Management of each plant is authorized to settle such matters. If the decision is not satisfactory to the Union, the matter shall be referred to Step 3 of the grievance procedure within five (5) working days after the Management gives its answer to the Union.
Appeal of Discharge. Should the discharged employee or the xxxxxxx consider the discharge to be improper, a complaint shall be presented in writing through the xxxxxxx to the Employer within two (2) regularly scheduled working days after receiving the complaint. If the decision is not satisfactory to the Union, the matter shall be referred to Step 3 of the Grievance Procedure.
Appeal of Discharge. Should the discharged employee or the xxxxxxx consider the discharge to be improper, a complaint shall be presented, in writing, through the Xxxxxxx to the Vice President for Human Resources within two (2) regularly scheduled working days of the discharge. The Vice President of Human Resources, or her or his designated representative, will review the discharge and give her or his answer in writing three (3) regularly scheduled working days after receiving the complaint. If the decision is not satisfactory to the Union, the matter may be referred to the final step of the grievance procedure.
Appeal of Discharge. A. Should the discharged employee or the Union Xxxxxxx consider the discharge improper, a grievance shall be presented in writing, through the Xxxxxxx to the Superintendent or his designee at the Superintendent’s step in the grievance procedure within five (5) working days of the discharge.
B. The Superintendent or their designee will give his answer within ten (10) working days after receiving the grievance.
Appeal of Discharge. Employees who are discharged have the right to the following procedures in lieu of appeal to the Board of Employee Appeals. If, within the ten
Appeal of Discharge. Should the discharged employee or the Xxxxxxx consider the discharge to be improper, a complaint shall be presented in writing through the Xxxxxxx to the Labor Relations Supervisor within three (3) regularly scheduled working days after the discharge. The Management of the plant will review the discharge and give its answer within three (3) regularly scheduled working days after receiving the complaint. The Management of each plant is authorized to settle such matters. If the decision is not satisfactory to the Union, it shall refer the matter directly to the second step of the Grievance Procedure within five (5) working days after receiving the answer. Any employee who is discharged at one plant of the Company and whose discharge is not reversed through the bargaining procedure, shall be deemed a discharged employee at all other plants of the Company; provided that, if he is discharged for inability to perform the assigned work, he shall be deemed a discharged employee only at the plant at which he is discharged.
Appeal of Discharge. The Executive shall have the right to appeal any notice of discharge issued in accordance with Section 13 of this Agreement. If the Executive decides to appeal his notice of discharge, the Executive shall within thirty (30) calendar days from the receipt of this notice of grounds asserted for discharge under his Agreement submit in writing to the Chairman of the Board the Executive's appeal and any opposing information and documentation in rebuttal to the grounds asserted for the discharge. If the Executive submits an appeal and opposing information or documentation to the Chairman of the Board, the Board shall evaluate such information or documentation. If after such review, the Board concludes it confirms its decision to discharge the Executive in accordance with the grounds identified in its initial notice, the Chairman of the Board shall deliver a second written notice to the Executive explaining the Board's decision to discharge the Executive and the final grounds for said discharge within thirty (30) days after the Chairman of the Board received the appeal from the Executive. If the Board decides not to discharge the Executive after evaluation of the opposing information or documentation submitted by the Executive, the Chairman of the Board shall deliver notice to the Executive withdrawing the initial notice of discharge under this Agreement within thirty (30) days after the Chairman of the Board received the appeal from the Executive. The Executive shall not be entitled to any additional salary or employment benefits during any appeal under this section unless the Board of Directors decides to withdraw the notice of discharge of the Executive in accordance with the provisions of this section of the Agreement.
Appeal of Discharge. Should the terminated employee of the bargaining unit or the Area Representative consider the termination to be improper, a complaint shall be presented, in writing, through the Area Representative to the Vice President of Human Resources and Labor Relations with a copy going to the President of the College within two (2) regularly scheduled working days of the termination. The Vice President of Human Resources and Labor Relations, or their designated representative, will review the termination and give their answer in writing three
Appeal of Discharge. Employees who are discharged have the right to the following procedures in lieu of appeal to the Board of Employee Appeals. If, within the five-day appeal period, the employee, through the Association, files notice of appeal of discharge, then a time for an appeal hearing before an Arbitrator shall be established which shall not be less than ten (10) days, nor more than sixty
