Disciplinary Appeal. A Disciplinary Appeal is the procedure established hereunder to afford an employee his or her due process rights related to a pending disciplinary action. An employee may appeal the recommendation or imposition of suspension, demotion, salary reduction or discharge other than when such action is taken during the formal probationary period for that employee.
Disciplinary Appeal. The County Personnel Director and the Association representative will select a neutral third party (neutral) by mutual agreement, if possible. In the event there is no agreement on the selection of a neutral, the parties will make a joint request for a panel of five (5)-qualified arbitrators from the State Mediation & Conciliation Service. After receipt of the panel of arbitrators, each party will strike one arbitrator at a time, and the remaining person on the list shall be accepted as the arbitrator. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms and conditions of this agreement, nor any rules, policies or procedures. The decision of the arbitrator shall be based solely upon the preponderance of the evidence and arguments presented by the respective parties in the presence of each other.
Disciplinary Appeal a. The Association agrees that the appeals procedure referred to in Section 2.44.390 of the Municipal Code shall not be available for either a "Warning/Reprimand" or "Suspension" of less than one (1) work day.
b. The City may elect to amend Section 2.44.390 of the Municipal Code so that it would no longer be required to serve subpoenas on behalf of the disciplined employee, in which case the employee would be responsible for causing any such subpoenas to be served. The witness shall not be entitled to receive any compensation from the City for an off-duty appearance at a disciplinary proceeding in response to the subpoena issued on behalf of the disciplined employee.
c. Both the City and the Association acknowledge the right to waive upon mutual agreement the tri-partite ad hoc personnel appeals board, as described in Section 2.44.390 of the Municipal Code, and if so waived the parties will mutually select a hearing officer.
Disciplinary Appeal. All disciplinary action taken against an employee in District service must receive the approval of the Department Manager.
Disciplinary Appeal. The Commission and Union agree to use an arbitrator in the event an employee seeks to appeal disciplinary cases involving suspensions, demotions or dismissal.
A. Employees, with Union approval, may utilize an arbitrator for disciplinary actions (suspensions, demotions, dismissals)
B. The hearing officer shall be selected by mutual agreement between the parties. If the parties are unable to agree upon a hearing officer, the parties shall jointly request that the State Conciliation and Mediation Service to submit a list of seven (7) qualified hearing officers. The parties shall then alternately strike names for the list until one name remains, and that person shall serve as the hearing officer. The party having the first choice to strike a name from the list shall be determined by a lot.
1. Procedures for choosing a hearing officer shall begin within fourteen (14) calendar day of receipt of the appeal. Prior to the selection of the hearing officer, the parties will attempt to stipulate to as many facts as possible and agree on the issue(s) to be submitted to the hearing officer.
2. Proceedings shall be recorded but not transcribed except at the request of either party to the hearing. The party requesting the transcripts shall bear the expense. Upon mutual agreement, the Commission and the grievant may submit briefs to the hearing officer in lieu of a hearing.
3. At the conclusion of the hearing, both parties shall jointly consider whether the type of case involved lends itself to immediate mediation. If both parties agree to do so, then the hearing officer shall proceed to attempt to settle the discipline by the use of mediation. If through mediation the parties can reach a mutually acceptable disposition, then that disposition shall become the decision of the hearing officer. The position of either party to proceed or not to proceed to mediation shall not be disclosed and/or implied by either party to the hearing officer. If the mediation process does not result in an acceptable resolution to both parties within one additional day of the conclusion of the hearing, the case shall be determined solely by the hearing officer. If there is no agreement to proceed through the mediation step, then the case shall be determined solely by the hearing officer. Except when briefs are submitted as specified in the preceding, it shall be the duty of the hearing officer to hear and consider evidence submitted by the parties and to thereafter make written findings of fact ...
Disciplinary Appeal. An employee who is dismissed, suspended or demoted for cause may appeal the disciplinary action to binding arbitration pursuant to Section 19.02 of this Memorandum of Understanding subject to the following:
(1) The disciplinary appeal shall be filed in writing with the County Administrative Officer's Office within seven (7) workdays of the time at which the affected employee was notified of the final determination of discipline.
(2) The County Administrative Officer shall have the authority to settle disciplinary appeals prior to the initiation of arbitration proceedings. This authority to settle the appeal includes the authority to modify the disciplinary action with or without the award of back pay.
(3) An employee who proceeds to arbitration, without Association representation, s ha l l be required to post a two thousand dollar ($2,000.00) bond with the Board of Supervisors to insure payment of all fees and expenses normally assessed to the Association for the cost of arbitration. Such bonds shall be released by the County upon receipt of notice that the employee has paid all fees and expenses for which he/she is responsible. If, however, evidence of payment is not received by the Board of Supervisors within forty-five (45) calendar days of the presentation of invoice for arbitration costs (as received by County), the bond shall be forfeited and the employee's share of the joint arbitration cost shall be paid by the County from the proceeds. Any balance remaining from the two thousand dollars ($2,000.00), after all such payments are made, shall be returned to the person posting the bond.
(4) If the arbitrator finds that the County had the right to take the disciplinary action being appealed, the arbitrator may not substitute his judgment for the judgment of management, and if he/she finds that the County had such right, he/she may not order reinstatement and may not assess any penalty upon the County.
Disciplinary Appeal. Once an investigation is completed written notification will be given to the student and his/her parent/legal guardian. The student, or student’s parent/legal guardian, may appeal the suspension to the Athletic Disciplinary Committee (comprised of Coaches and THS Faculty) by submitting a written request within five (5) calendar days of the infraction to the athletic director. Once a ruling has been determined by the committee, the student, or student’s parent/legal guardian, may appeal the suspension to the Principal by submitting a written request within five (5) calendar days to the Principal. The student will remain suspended from his/her sport pending the appeal.
Disciplinary Appeal. 33 14.5…. Causes for Disciplinary Action by the District ................ 34 14.6…. Use of Video Surveillance Cameras ................................. 35 Business, and District Approved Travel II D Use of District Vehicles and Mobile Equipment VI
Disciplinary Appeal. Both the City and the Association acknowledge the right to waive the tri-partite ad hoc personnel appeals board, as described in Section 2.44.390 of the Municipal Code. The appeals procedure set forth in Garden Grove Municipal Code Section 2.44.390 ("Appeals Procedure") shall not be available for disciplines of less than a full day; provided, however, that in the event a discipline of a day or more is issued as part of progressive discipline, and such level of progressive discipline relies on a previous incident for which the Appeals Procedure was not available ("Previous Incident"), the employee may raise the propriety of the Previous Incident, but only as part of the determination of the propriety of the discipline of a day or more, and only if the employee, on a timely basis, exhausted the administrative remedies available to them in the Grievance Procedure for the Previous Incident.
Disciplinary Appeal. Employees of this unit shall have available to them the predisciplinary Xxxxxx meeting for any discipline that results in a suspension of one day without pay or more. In addition, all disciplinary matters of three days suspension without pay or greater shall be subject to Personnel Rule 11, section 7.a. for post discipline appeals.