Appeals of Discipline. A. The appeal of a disciplinary action shall begin at Step I of the grievance procedure. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Article.
B. An employee may appeal a Step III decision to non-binding arbitration. If binding arbitration becomes permissible for the College during the duration of this MOU: The appeal of a disciplinary action shall begin at Step I of the grievance process. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Procedure Article. An employee may appeal a Step III decision to binding arbitration.
C. Each party shall make every effort to resolve an appeal at the lowest level possible.
D. A failure to decide an appeal in accordance with this MOU is considered a denial from which an appeal may be made.
E. When appealing a disciplinary action, the employee or the employee’s representative shall state to the extent possible and on a written form provided by the College the issues of fact, law and mitigating circumstances the employee believes would warrant rescinding or modifying the disciplinary action. Failure to state the issues of fact and law when it is possible to do so may be grounds for dismissing the appeal.
F. The at-will status of an exempt bargaining unit employee shall not prohibit an employee from grieving the termination of employment.
Appeals of Discipline. A final appeal to Step 3 may be filed, in writing, with the Deputy Director in charge of Human Resources not more than ten (10) working days from his/her receipt of the Executive Director’s or his/her designees’ decision. The grievant may elect to have the grievance determined by a Hearing Officer from the State Office of Administrative Hearings. The Hearing Officer shall conduct a hearing and shall render a decision in writing. The decision of the Hearing Officer shall be final and binding on all parties. The Hearing Officer shall be paid by the Authority. As an alternative, the Union may elect to have the grievance determined by an arbitrator selected by mutual agreement between the Housing Authority and the Union. The decision shall be final and binding on all parties. Should the parties fail to mutually agree to an arbitrator, they shall make a joint request of the State Conciliation Service for a list of seven qualified arbitrators. The arbitrator shall be selected from the list by the parties alternately striking names with the first strike determined by chance. The Union and the Authority shall each pay one-half of the arbitrator’s invoice associated with the disciplinary appeal.
Appeals of Discipline. 1. Appeals of disciplinary charges seeking an employee's suspension, termination, or demotion shall be subject to review by the grievance procedure provided below. Disciplinary action involving a letter of reprimand may only be appealed to the City Manager and not beyond. In these cases, the decision of the City Manager shall be final and binding on all parties. The employee shall have three (3) calendar days from the service of charges and requested disciplinary measures to appeal to the City Manager. The City Manager shall have five (5) calendar days to conduct a hearing and render a decision. Said hearing shall include the City Manager and/or his representative, the Police Chief and/or his representative, the police officer in question, and the Association's representative. Following said hearing and decision, the City Manager's decision may be imposed. The Association may appeal the decision of the City Manager to grievance arbitration within seven (7) calendar days after receipt of the City Manager's decision.
2. The Town may, at its option, choose to suspend an employee without pay pending a hearing before the City Manager or an arbitrator in extreme cases involving public or employee safety.
3. The Town and the Association hereby agree to select an arbitrator for appeals of disciplinary charges using the process defined in Section 5.4. The parties further agree that any hearing before said arbitrator shall not require the parties to file post hearing briefs. The Arbitrator shall have the authority granted him in Section 5.5 of this Agreement. The arbitrator shall be directed to submit his decision within thirty (30) days of the conclusion of the hearing. Fees and expenses for the hearing shall be handled in accordance with Section 5.7 of this Agreement.
Appeals of Discipline. The appeal of a disciplinary action shall begin at Step I of the grievance procedure. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Procedure Article. An employee may appeal a Step III decision to non-binding arbitration. If during the duration of this MOU binding arbitration becomes permissible for the College: The appeal of a disciplinary action shall begin at Step I of the grievance process. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Article. An employee may appeal a Step III decision to binding arbitration.
Appeals of Discipline. A. The appeal of a disciplinary action shall begin at Step I of the grievance process. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Procedure Article.
B. Each party shall make everyeffort to resolve an appeal at the lowest level possible.
C. A failure to decide an appeal in accordance with law and regulationis considered a denial from which an appeal may be made.
D. When appealing a disciplinary action, the employee or the employee’s representative shall state to the extent possible and on a written form provided by the College the issues of fact, law and mitigating circumstances the employee believes would warrant rescinding or modifying the disciplinary action. Failure to state the issues of fact and law when it is possible to do so may be grounds for dismissing the appeal.
Appeals of Discipline. 8.3.1 Employees (other than probationary employees) may appeal a disciplinary action other than an oral warning through the grievance procedure as provided in this section.
a) Any disciplinary action except for oral warnings may be appealed through Step 2 of the grievance procedure.
b) Disciplinary demotions, suspensions and terminations may be appealed to Step 3 of the grievance procedure.
8.3.2 In the event that a written warning or other discipline (other than an oral warning) that an employee may not appeal to Step 2 of the grievance procedure is used as a basis for a subsequent demotion, suspension or termination, the employee may challenge the written warning or other discipline in a subsequent grievance arbitration, provided that the employee appealed the original discipline through Step 2 of the grievance procedure, and did not accept an adjustment of the discipline as a result of that appeal.
Appeals of Discipline. A. The appeal of a disciplinary action shall begin at Step I of the grievance procedure. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Article.
B. Each party shall make every effort to resolve an appeal at the lowest level possible.
C. A failure to decide an appeal in accordance with this MOU is considered a denial from which an appeal may be made.
D. When appealing a disciplinary action, the employee or the employee’s representative shall state to the extent possible and on a written form provided by the College the issues of fact, law and mitigating circumstances the employee believes would warrant rescinding or modifying the disciplinary action. Failure to state the issues of fact and law when it is possible to do so may be grounds for dismissing the appeal.
E. The at-will status of an exempt bargaining unit employee shall not prohibitan employee from grieving the termination of employment.
Appeals of Discipline. Disciplinary actions more severe than a verbal warning may be challenged through the Grievance Procedure in Article 16.
Appeals of Discipline. A. The appeal of a disciplinary action shall begin at Step I of the grievance procedure. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Article. An employee may appeal a Step III decision to non-binding arbitration. If binding arbitration becomes permissible for the College during the duration of this MOU: The appeal of a disciplinary action shall begin at Step I of the grievance process. An appeal shall be filed no later than 15 days from the date that the employee received a copy of the disciplinary action. The appeal shall be filed with the Xxxx or Director. The employee may appeal any decision makers’ decision pursuant to the Grievance Procedure Article. An employee may appeal a Step III decision to binding arbitration.
B. Each party shall make every effort to resolve an appeal at the lowest level possible.
C. A failure to decide an appeal in accordance with this MOU is considered a denial from which an appeal may be made.
D. When appealing a disciplinary action, the employee or the employee’s representative shall state to the extent possible and on a written form provided by the College the issues of fact, law and mitigating circumstances the employee believes would warrant rescinding or modifying the disciplinary action. Failure to state the issues of fact and law when it is possible to do so may be grounds for dismissing the appeal.
E. The at-will status of an exempt bargaining unit employee shall not prohibit an employee from grieving the termination of employment.
Appeals of Discipline. A. Letters of reprimand, written and oral warnings, notices of performance concerns, and suspensions of two (2) days or less shall not be subject to the grievance procedure.
B. A suspension of three (3) days may be processed through Step Four of the grievance process only.
C. A suspension of four (4) days or more, a dismissal or a disciplinary reduction in rank or pay may be processed under the grievance procedure of the Agreement or submitted to Civil Service Board, if it falls under Civil Service Board jurisdiction. Should the employee elect to use the Civil Service Board procedure to appeal a disciplinary action, the employee irrevocably waives the right to appeal through the grievance procedure. Similarly, should the employee elect to use the grievance process, the employee irrevocably waives the right to appeal through the Civil Service Board procedure.
