DISCIPLINARY ACTION IMPOSED DURING PROBATIONARY PERIOD. The appointing authority may dismiss, demote, suspend, demote and suspend, reduce in pay or impose any other disciplinary action on any probationary employee during the probationary period. Neither a probationary employee nor VCPFA may request arbitration of any disciplinary action taken against an employee during his/her probationary period. A promoted employee who is dismissed during his/her probationary period shall return to the position in which he/she held permanent status, if vacant, or any other vacant position in his/her former classification in the agency. If no such vacancy exists, every reasonable attempt will be made by the appointing authority to retain the employee in an underfill capacity. Only if there is no vacancy and the appointing authority is unable to make reasonable accommodation, the employee shall be placed on a leave of absence without pay not to exceed one year and shall be granted the first position that becomes available in his/her former classification. The above provisions shall not apply if the cause of the dismissal warrants dismissal from District service. If the cause for dismissal warrants dismissal from District service, the employee may request that VCPFA submit the matter to arbitration. Sec. 2908 NON-DISCRIMINATION: Disciplinary actions shall be taken without regard to race, color, national origin, religion, sex, age, or functional limitation. Sec. 2909 REQUEST FOR ARBITRATION: If an employee wishes to appeal a disciplinary action, he shall ask that the matter be submitted to arbitration by VCPFA. If VCPFA concurs, it shall submit to the Director-Labor Relations, in writing, within fourteen (14) calendar days of the employee's receipt of the Notice of Disciplinary Action, a request that the matter be submitted to arbitration. Upon receipt of VCPFA's request, the Director-Human Resources shall, within fourteen (14) days, request a panel of nine (9) names from the State Mediation and Conciliation Service or some other mutually agreeable list. Within seven (7) calendar days of the receipt of that list, the parties shall jointly select an arbitrator. In the event the parties are unable to select an arbitrator, they shall alternately strike names from the list with the last name being the arbitrator selected. The party striking the first name shall be determined by lot. Sec. 2910 ARBITRATION COSTS: The costs of the Arbitrator shall be paid by the losing party. In the event the Arbitrator modifies the discipline imposed, the costs shall be shared equally by the parties. Costs of the court reporter, if any, shall be paid by the party who requested the presence of the reporter; however, nothing shall preclude the parties from agreeing to share equally in the costs of the reporter. If a cancellation fee is imposed on the parties by the arbitrator, it shall be paid by the party whose actions were responsible for the imposition of said fee.
Appears in 2 contracts
DISCIPLINARY ACTION IMPOSED DURING PROBATIONARY PERIOD. The appointing authority may dismiss, demote, suspend, demote and suspend, reduce in pay or impose any other disciplinary action on any probationary employee during the probationary period. Neither a probationary employee nor VCPFA VCDSA may request arbitration of any disciplinary action taken against an employee during his/her his probationary period. A promoted employee who is dismissed during his/her his probationary period shall return to the position in which he/she he held permanent status, if vacant, or any other vacant position in his/her his former classification in the agency. If no such vacancy exists, every reasonable attempt will be made by the appointing authority to retain the employee in an underfill capacity. Only if there is no vacancy and the appointing authority is unable to make reasonable accommodation, the employee shall be placed on a leave of absence without pay not to exceed one year and shall be granted the first position that becomes available in his/her his former classification. The above provisions shall not apply if the cause of the dismissal warrants dismissal from District County service. If the cause for dismissal warrants dismissal from District County service, the employee may request that VCPFA VCDSA submit the matter to arbitration. Sec. 2908 3108 NON-DISCRIMINATION: Disciplinary actions shall be taken without regard to race, color, national origin, religion, sex, age, or functional limitation. Sec. 2909 3109 REQUEST FOR ARBITRATION: If an employee wishes to appeal a disciplinary action, he shall ask that the matter be submitted to arbitration by VCPFAVCDSA. If VCPFA VCDSA concurs, it shall submit to the Director-Labor RelationsHuman Resources, in writing, within fourteen (14) calendar days of the employee's receipt of the Notice of Disciplinary Action, a request that the matter be submitted to arbitration. Upon receipt of VCPFAVCDSA's request, the Director-Director- Human Resources shall, within fourteen (14) days, request a panel of nine (9) names from the State Mediation and Conciliation Service or some other mutually agreeable list. Within seven (7) calendar days of the receipt of that list, the parties shall jointly select an arbitrator. In the event the parties are unable to select an arbitrator, they shall alternately strike names from the list with the last name being the arbitrator selected. The party striking the first name shall be determined by lot. Sec. 2910 ARBITRATION COSTS: The costs of the Arbitrator shall be paid by the losing party. In the event the Arbitrator modifies the discipline imposed, the costs shall be shared equally by the parties. Costs of the court reporter, if any, shall be paid by the party who requested the presence of the reporter; however, nothing shall preclude the parties from agreeing to share equally in the costs of the reporter. If a cancellation fee is imposed on the parties by the arbitrator, it shall be paid by the party whose actions were responsible for the imposition of said fee.nine
Appears in 2 contracts
