Arbitration to Review of Disciplinary Decisions. In the event that an employee in a timely manner files an appeal as described in section 1 above, a binding arbitration will take place. Within I 0 business days of the date that the employee files the notice of appeal, the court and the employee, or if the employee is represented, the employee's representative, shall attempt mutually to agree on an experienced labor arbitrator to hear the case. The parties may extend this date by mutual consent. If the parties are unable mutually to select an arbitrator, they shall request a list of seven experienced labor arbitrators from the State Mediation and Conciliation Service or another mutually acceptable source. The hearing shall result in an appropriate record with a written report that has findings of fact and conclusions that reference the evidence. The employee and Court Executive Officer or designee shall have the right to call witnesses and present evidence. The Court Executive Officer or designee will release trial court employees to testify at the hearing upon adequate notice. The hearing officer has the authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, and other evidence as provided in Section 1282.6 of the Code of Civil Procedure. The employee has the right to representation, including legal counsel, if provided by the employee. The arbitrator's report will be limited to the issue of whether "cause" existed for the discipline imposed. The arbitrator does not have authority to add to, detract from, alter, amend, or modify the Memorandum of Understanding or any of the court’s rules, policies, or procedures. Fees and expenses of the arbitrator and court reporter shall be split equally between the parties. Court witnesses released to testify at the hearing will be released with pay.
