Appeals from Disciplinary Action. Except as appeal procedures may be available under LAPS, the provisions of this Section shall apply only to permanent or seasonal employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands. An employee who is eligible to appeal disciplinary actions under this section, may have other disciplinary appeal procedures available to them such as, but not limited to, the LAPS disciplinary appeal procedure. In such cases the employee must, at the time of filing of the initial appeal, indicate which appeal procedure he/she is filing under. This designation of appeal procedure at the time of filing shall constitute a binding election of that appeal procedure and an irrevocable waiver and forfeiture of any and all rights of appeal under any other appeal procedure. The written notice of appeal must:
A. State the basis of the appeal and contain a specific admission or denial of each of the material allegations contained in the notice of disciplinary action; and,
B. Be filed with the County Administrative Officer within ten (10) working days of the effective date of the disciplinary action or, if appealing pursuant to LAPS procedures, within (30) calendar days from the date of the action; and,
C. Indicate which of the available appeal procedures the appeal is being filed under (for instance the LAPS procedure or the procedures set forth in this Agreement). An employee, or his/her designated representative, may amend his/her appeal to designate another appeal procedure provided herein, if and only if the filing period allowed herein has not expired. Appeals to arbitration shall only be filed by the Union. Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration. Within ninety (90) calendar days of the receipt of the appeal to the County Administrative Officer, the County and the Union shall agree upon an arbitration hearing date. The parties shall select a mutually acceptable arbitrator. If the parties cannot agree on the arbitrator, they shall request a list of arbitrators from the California State Mediation and Conciliation Service. The fee for the list, if any, shall be shared equally by the parties. An arbitrator shall be selected by the parties alternately striking names from the list. The party to strike first shall be selected by coin toss. The fees and expenses ...
Appeals from Disciplinary Action. Only permanent employees who are not serving their initial probationary period shall have the right of appeal from disciplinary action. Appeals from the various disciplinary actions listed in the Disciplinary Action Section of this MOU shall be taken in accordance with the following provisions:
19.11.1 An employee who receives a transfer for the specific purpose of punishment, that does not involve a reduction in salary or loss of pay, may request an evidentiary hearing before the Appointing Authority, or his/her authorized designee. The decision of the Appointing Authority, or his/her authorized designee shall be final and binding.
19.11.2 An employee who receives a transfer for the specific purpose of punishment that involves a loss of pay may request a full evidentiary hearing before the Appointing Authority, or his/her authorized designee, whose decision in the matter shall be final and binding.
19.11.3 An employee who receives a written reprimand that does not involve a reduction in salary or loss of pay may request an evidentiary hearing with the next level of supervision/management above the individual issuing the written reprimand. The employee shall also retain his/her right of rebuttal. If it is in writing, the rebuttal shall be attached to the reprimand and placed in the employee’s personnel file. If after the hearing,
19.11.4 A “full evidentiary hearing” under the provisions of Section 19.11.2 above, when requested by the employee, shall involve the right to be represented, the calling and cross- examination of witnesses, and the issuance of subpoenas deuces tecum. The individual hearing the matter must not have been involved in the initial decision to issue the discipline. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof. An “evidentiary hearing” under the provisions of Section 19.11.1 or 19.11.3 above, where the action taken results in neither reduction in salary nor loss of pay, when requested by the employee, shall involve the right to be represented, to produce evidence, and to present argument; but it shall not include the right to confront or cross-examine witnesses. The individual who took the disciplinary action shall be present, and Department shall have the burden of proof.
19.11.5 A disciplinary appeal to arbitration may be filed only by an employee who is not a probationary employee and who occupies a permanent position, and only from disciplinary actions listed in the ...
Appeals from Disciplinary Action. Only regular employees, or limited-term employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands. The written notice of appeal must:
A. State the basis of the appeal and contain a specific admission or denial of each of the material allegations contained in the notice of disciplinary action, and;
B. Be filed with the Court Administrative Officer within ten (10) working days of the effective date of the disciplinary action, and; Appeals from disciplinary action to arbitration shall only be filed by the Union. Court General Unit MOU Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration. Within ninety (90) calendar days of the receipt of the appeal to the CEO, the Court and the Union shall agree upon a mutually acceptable arbitrator and an arbitration hearing date. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party requesting the services.
Appeals from Disciplinary Action. Only permanent employees, or seasonal employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands. An employee who is eligible to appeal disciplinary actions under this section may have other disciplinary appeal procedures available to them such as, but not limited to, the "LAPS" (Local Agency Personnel Standards) disciplinary appeal procedure. In such cases the employee must, at the time of filing of the initial appeal, indicate which appeal procedure he/she is filing under. This designation of appeal procedure at the time of filing shall constitute a binding election of that appeal procedure and an irrevocable waiver and forfeiture of any and all rights of appeal under any other appeal procedure. The written notice of appeal must:
A. State the basis of the appeal and contain a specific admission or denial of each of the material allegations contained in the notice of disciplinary action, and;
B. Be filed with the County Administrative Officer within ten (10) working days of the effective date of the disciplinary action, and;
C. Indicate which of the available appeal procedures the appeal is being filed under (for instance the LAPS procedures or the procedures set forth in this Agreement). Appeals to arbitration shall only be filed by the Union. Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration. Within ninety (90) calendar days of the receipt of the appeal to the County Administrative Officer the County and the Union shall agree upon an arbitration hearing date. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, wil l be the responsibility of the individual party involved.
Appeals from Disciplinary Action. Only regular employees, or limited-term employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands. The written notice of appeal must:
A. State the basis of the appeal and contain a specific admission or denial of each of the material allegations contained in the notice of disciplinary action, and;
B. Be filed with the Court Administrative Officer within ten (10) working days of the effective date of the disciplinary action, and; Appeals from disciplinary action to arbitration shall only be filed by the Union. Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration. Within ninety (90) calendar days of the receipt of the appeal to the CEO, the Court and the Union shall agree upon a mutually acceptable arbitrator and an arbitration hearing date. The decision of the arbitrator shall be final and binding.
Appeals from Disciplinary Action. Only permanent bargaining unit employees, or seasonal bargaining unit employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands. The written notice of appeal must:
A. State the basis of the appeal and contain a specific admission or denial of each of the material allegations contained in the notice of disciplinary action, and;
B. Be filed with the County Administrative Officer within ten (10) working days of the effective date of the disciplinary action, and;
C. Indicate which of the available appeal procedures the appeal is being filed under (for instance the LAPS procedures or the procedures set forth in this Agreement). Appeals to arbitration shall only be filed by the Association. Failure to appeal within the time limit set forth in this section shall constitute an irrevocable waiver of the right to process the appeal to arbitration. Within ninety (90) calendar days of the receipt of the appeal to the County Administrative Officer the County and the Association shall agree upon an arbitration hearing date. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party involved.
Appeals from Disciplinary Action. (1) When an employee seeks to appeal disciplinary action (following the provision of all procedural safeguards required to be provided prior to the imposition of discipline), he/she shall initiate the formal Grievance Procedure by filing a written grievance at the level of the authority which has effectively imposed the discipline. This appeal must be received by said authority within 14 calendar days after the employee's receipt of the document which imposes such discipline.
(2) Should an employee wish to appeal the consequences of disciplinary action beyond the City Manager stage, he/she shall submit his/her written request for arbitration to the Director of Human Resources within 14 calendar days following receipt of the City Manager's written decision. Failure of the employee to so act will bar further consideration of the grievance.
Appeals from Disciplinary Action. Refer to the City of Xxxxx Personnel Rules. All members of the Local 3494 Board of Directors have copies of the Personnel Resolution available for members' use. If a member of Local 3494 has been notified of pending discipline he/she is advised to contact one of the Directors of Local 3494 to ensure that his/her rights of appeal and representation are fully understood.
Appeals from Disciplinary Action. Only permanent bargaining unit employees, or seasonal bargaining unit employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands. The written notice of appeal must:
A. State the basis of the appeal and contain a specific admission or denial of each of the material allegations contained in the notice of disciplinary action, and;
B. Be filed with the County Administrative Officer within ten (10) working days of the effective date of the disciplinary action, and;
C. Indicate which of the available appeal procedures the appeal is being filed under (for instance the LAPS procedures or the procedures set forth in this Agreement).
Appeals from Disciplinary Action. Only permanent employees, or seasonal employees with more than one (1) year of service, and who are not on probation, shall have the right of appeal from disciplinary actions other than written reprimands.
