Common use of Appeal of Discharge Clause in Contracts

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 authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one session without the mutual consent of the County and the Association. 8. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the Association, and the County.

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 Union, 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 (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, the County and the Association Union may jointly agree agreed 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 up on source). Such review and or mediation Mediation would be scheduled prior to a hearing before with the Employee Board of Appeals or an Arbitrator with the goal of resolving the issue prior to the formal hearing before the Arbitratorhearing. 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 AssociationUnion. 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 authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one session without the mutual consent of the County and the AssociationUnion. 8. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the AssociationUnion, and the County.

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 (5) day appeal period, the employee, through the Union, 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 (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, the County and the Association Union may jointly agree to schedule the matter for review by the Personnel Director and or of Support Services and/or mediation with a Mediator from the State Mediation and Conciliation Service (or another jointly agreed upon source). Such review and or 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 the 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, she/he she may be called and examined as if under cross-examination. Every witness shall declare by oath or affirmation that she/he she 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 AssociationUnion. (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. SHe/he she shall have no authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one (1) session without the mutual consent of the County and the AssociationUnion. 8. (8) The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the AssociationUnion, and the County.

Appeal of Discharge. Employees Employees, who are discharged discharged, have the right to the following procedures in lieu of appeal to the Board of Employee Appeals. If, within the five (5) day appeal period, the employee, through the Union, 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 (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, the County and the Association Union may jointly agree to schedule the matter for review by the Personnel Director and or of Support Services and/or mediation with a Mediator from the State Mediation and Conciliation Service (or another jointly agreed upon source). Such review and or 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. 32. 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. 43. 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, she/he she may be called and examined as if under cross-examination. Every witness shall declare by oath or affirmation that she/he she will testify truthfully. 54. The Arbitrator shall determine whether to sustain, reject, or modify the action discharging the employee. 65. Mutually incurred costs for the Arbitration procedure shall be divided equally between the County and the AssociationUnion. 76. 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. SHe/he she shall have no authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one (1) session without the mutual consent of the County and the AssociationUnion. 87. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the AssociationUnion, and the County.

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 (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, the County and the Association may jointly agree to schedule the matter for review by the Personnel Director and or and/or mediation with a Mediator from the State Mediation and Conciliation Service (or another jointly agreed upon source). Such review and or 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 or the American Arbitration Association 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-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, she/he she 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. SHe/he she shall have no authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one session without the mutual consent of the County and the Association. 8. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the Association, and the County.

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 (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, 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 or the American Arbitration Association 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 authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one session without the mutual consent of the County and the Association. 8. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the Association, and the County.

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 Union, 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 (1 0) days, nor more than sixty (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, the County and the Association Union may jointly agree agreed 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 up on source). Such review and or mediation Mediation would be scheduled prior to a hearing before with the Employee Board of Appeals or an Arbitrator with the goal of resolving the issue prior to the formal hearing before the Arbitratorhearing. 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 AssociationUnion. 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 authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (( 1) appeal in one session without the mutual consent of the County and the AssociationUnion. 8. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the AssociationUnion, and the County.

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 Union, 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 (60) 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 five (5) working days prior to the hearing. In addition to appealing to the Board of Employee Appeals or an appeal hearing before an Arbitrator, the County and the Association Union may jointly agree to schedule the matter for review by the Personnel Director and or and/or mediation with a Mediator from the State Mediation and Conciliation Service (or another jointly agreed upon source). Such review and or 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 AssociationUnion. 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 authority to add to or detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The Arbitrator shall not hear or decide more than one (1) appeal in one session without the mutual consent of the County and the AssociationUnion. 8. The written award of the Arbitrator on the merits of any appeal adjudicated within his/her jurisdiction and authority shall be final and binding on the employee, the AssociationUnion, and the County.