Appeal of Severe Disciplinary Actions Sample Clauses

Appeal of Severe Disciplinary Actions. Appeals of severe disciplinary actions are specifically excluded from the grievance procedure. In the case of severe disciplinary actions, the following appeal procedure shall apply.‌ 1. If an employee has requested and participated in a response meeting with the Sheriff or designee as set forth above, the employee shall have the right to appeal the severe disciplinary action to the Discipline Appeals Board. Within ten (10) days after the receipt of the written order, the employee may file with the County Clerk a request in writing for a hearing before the Discipline Appeals Board to determine the reasonableness of the action and setting forth the specific grounds for appeal. Failure of the employee to request in writing a hearing before the Discipline Appeals Board, within the time specified, shall be deemed a waiver of any appeal process. 2. The Discipline Appeals Board shall hold a hearing within thirty (30) days after receipt of the written request for such hearing. The hearing may be private; however, the hearing must be open to the public if so requested by the employee. Each party shall have the right to be represented by legal counsel or other person of his/her choice 3. Within fifteen (15) days, the Discipline Appeals Board, by majority vote, shall recommend to the Sheriff to sustain, reject or modify the disciplinary action. The recommendation shall be taken under consideration by the Sheriff, who shall within ten (10) days, adopt or reject the findings of the Discipline Appeals Board. 4. Within ten (10) days after the receipt of the final decision of the Sheriff sustaining a Severe Disciplinary Action, the employee may file with the County Clerk, a request in writing for a hearing before an External Hearing Officer. Failure of the employee to request in writing a hearing before an External Hearing Officer, within the time specified, shall be deemed a waiver of any appeal process. 5. The Discipline Appeals Board shall be comprised of three (3) members, none of whom shall be an employee of Pershing County. A list of three (3) names for each category listed below shall be submitted by the Sheriff and three (3) names by the Association. The County and the Association shall draw numbers to determine who has first strike on the list. The parties shall alternately strike names, one category at a time in the order of the categories listed below, to determine the makeup of the Discipline Appeals Board for the pending appeal. Names shall be submitted by t...
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Appeal of Severe Disciplinary Actions. ‌ 1. Within ten (10) days after the receipt of the written order, the employee may file with the County Clerk a request in writing for a hearing before the Board of County Commissioners to determine the reasonableness of the action. Failure of the employee to request in writing a hearing before the Board of County Commissioners, within the time specified, shall be deemed a waiver of any appeal process. 2. The Board of County Commissioners shall grant the disciplined employee a hearing within fifteen (15) days after receipt of the written request for such hearing. The hearing may be private; however, the hearing must be open to the public if so requested by the employee. Each party shall have the right to be represented by legal counsel or other person of his/her choice. 3. The County Commissioners, by majority vote, shall sustain, reject or modify the disciplinary action. If the Commissioners reject or modify the disciplinary action, they may order back pay, promotion or reinstatement and/or any necessary personnel record changes. 4. Within ten (10) days after the receipt of a decision of the Board of Commissioners sustaining a Severe Disciplinary Action, the employee may file with the County Clerk, a request in writing for a hearing before an External Hearing Officer under Article 18 of this Agreement. Failure of the employee to request in writing a hearing before an External Hearing Officer, within the time specified, shall be deemed a waiver of any appeal process.
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Related to Appeal of Severe Disciplinary Actions

  • 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.

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

  • 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.

  • 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.

  • 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.

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

  • 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.

  • Disciplinary Grievances If the grievance is not resolved at Step 2, the Union may file a request for mediation with the Public Employment Relations Commission (PERC) in accordance with WAC 000-00-000, with a copy to the Office of Financial Management/SHR/Labor Relations Section (OFM/SHR/LRS) and the Human Resources Office within fifteen (15) days of receipt of the Step 2 decision. In addition to all other filing requirements, the request must include a copy of the grievance and all previous responses.

  • 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 Matters 2.6.1 Prior to the imposition of any disciplinary penalty, the Company shall hold a Disciplinary Interview, which shall replace Step 1 of the grievance process. 2.6.2 The Company shall provide the Union and any employees who may be disciplined three (3) days’ notice of the Interview. 2.6.3 The Interview shall take place between the Company, the Union and the accused individual. 2.6.4 The Company shall set out its allegations and except where the allegations could constitute a criminal offence, the Union or the individual(s) shall set out their version of the events. Minutes, but not a transcript, of the Interview setting out the substance of the discussion shall be taken. 2.6.5 The minutes of the meeting shall be provided to the Union and the accused individual(s) within seven (7) days of the Interview. 2.6.6 The Union and the accused individual(s) shall forward a written reply to the minutes, if any, within seven (7) days of receipt of the minutes. 2.6.7 Should the Company choose to impose discipline, the Union has ten (10) days to file a grievance commencing at Step 2. 2.6.8 Nothing in the disciplinary interview process is intended to interfere with the Company’s right to investigate matters.

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