Common use of Appeals from Disciplinary Action Clause in Contracts

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 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. For Units H and K the decision of the arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement. Local Agency Personnel Standards (LAPS) may provide appeal rights from disciplinary action other than reprimand to employees covered by said standards.

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, 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 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. For Units H and K the decision of the arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement. Local Agency Personnel Standards (LAPS) may provide appeal rights from disciplinary action other than reprimand to employees covered by said standards.

Appeals from Disciplinary Action. Except as appeal procedures may be available under LAPSOnly permanent employees, 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, section may have other disciplinary appeal procedures available to them such as, but not limited to, the LAPS "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; and, B. • Be filed with the County Administrative Officer within ten (10) working days of the effective date of the disciplinary action oraction, if appealing pursuant to LAPS procedures, within (30) calendar days from the date of the actionand; and, C. • Indicate which of the available appeal procedures the appeal is being filed under (for instance the LAPS procedure procedures 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, 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 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. For Units H and K the decision of the arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement. Local Agency Personnel Standards (LAPS) may provide appeal rights from disciplinary action other than reprimand to employees covered by said standards.