Disciplinary Action - Hearing Sample Clauses

Disciplinary Action - Hearing. The following rules shall apply to any hearing conducted under the provisions of this chapter: 1. The hearing shall be public, except that if the employee requests that the matter be heard privately, it shall be so heard. 2. The hearing shall be conducted in accordance with Section 11513 of the Government Code. 3. The provisions of Section 11507.6 of the Government Code shall apply to any hearing conducted pursuant to this chapter, and shall provide the exclusive right to and method of discovery except that time limitations will be those established by the hearing officer. In those cases where the City Council rehears the matter, as provided by Section 20-E of this chapter, the City Council shall establish such time limitations. 4. All costs related to the hearing directed to be incurred by the hearing officer and all fees of the hearing officer will be shared equally by the parties, except that in the event the employee is fully reinstated, such costs and fees will be borne by the City. Other costs, including attorney’s fees, shall be borne by the party who incurs said costs. 5. Probationary employees may be dismissed without a hearing.
Sample 1
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Disciplinary Action - Hearing. The following rules shall apply to appeal hearings before hearing officers conducted under this chapter: a. The appeal hearing will be private, unless the employee requests that the matter be heard publicly; b. An impartial arbitrator shall be designated by mutual agreement between the employee and his/her representative and the CAO. Should the parties fail to reach agreement on the selection of an arbitrator within fourteen (14) business days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Association. Within fourteen (14) business days of receipt of the list of arbitrators, the parties shall mutually select an arbitrator from the list. If the parties cannot agree on an arbitrator within seven (7) business days, the parties shall alternately strike names until only one (1) name remains on the list. The remaining name shall be selected as the arbitrator. The party that strikes a name first shall be determined by a random selection method; c. The employee or representative, prior to retaining a hearing officer, shall post a cash bond or such other security as deemed appropriate by the CAO for payment of arbitration costs. d. All costs and all fees of the hearing officer will be shared equally by the parties, except that if the employee is fully reinstated such costs and fees will be paid by the County. Other costs, including attorney’s fees, shall be borne by the party who incurs the cost.
Sample 1
Disciplinary Action - Hearing. The following rules shall apply to appeal hearings before hearing officers conducted under this chapter: a. The appeal hearing will be private, unless the employee requests that the matter be heard publicly; b. An impartial arbitrator shall be designated by mutual agreement between the employee and his/her representative and the CAO. Should the parties fail to reach agreement on the selection of an arbitrator within fourteen (14) business days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Unit. Within fourteen (14) business days of receipt of the list of arbitrators, the parties shall mutually select an arbitrator from the list. If the parties cannot agree on an arbitrator within seven (7) business days, the parties shall alternately strike names until only one (1) name remains on the list. The remaining name shall be selected as the arbitrator. The party that strikes a name first shall be determined by a random selection method; c. Unless otherwise required by law, all costs and all fees of the hearing officer will be shared equally by the parties, except that if the employee is fully reinstated such costs and fees will be paid by the County. Other costs, including attorney’s fees, shall be borne by the party who incurs the cost.
Sample 1

Related to Disciplinary Action - Hearing

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

  • 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.

  • Arbitration Hearing An Arbitration Hearing will be held within thirty (30) days after the Administrative Conference if no discovery is taken, or within thirty (30) days after the close of discovery, unless all parties and the Panel agree to extend the Arbitration Hearing date, or unless the parties agree in writing to waive the Arbitration Hearing. The parties may mutually agree on the location of the Arbitration Hearing. If the parties fail to agree, the Arbitration Hearing shall be held in Chicago, Illinois, or at such other location determined by the Presiding Arbitrator to be most convenient to the participants. The Panel will determine the date(s) and time(s) of the Arbitration Hearing(s) after consultation with all parties and shall provide reasonable notice thereof to all parties or their representatives.

  • 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.

  • 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.

  • 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 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.

  • Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.

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