Disciplinary Appeals If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.5.
Disciplinary Process (a) Prior to disciplining an Employee, the Employer will notify the Unit 1 Chairperson, with a copy to the President of Unifor Local 5555, of the nature of the alleged offence.
Disciplinary Procedure 38.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
Disciplinary Hearing In the event the Union disagrees with the disciplinary action, the Union may appeal the matter to the Town Supervisor. The appeal must be submitted, in writing, within seven calendar days from receiving the Notice of Discipline. Within seven calendar days after receiving the appeal, the Town Supervisor shall meet with the disciplined employee and the designated representative of the Union. Within seven calendar days after said meeting, the Town Supervisor shall issue a written response, which shall be given to the designated representative of the Union.
Appeal of Disciplinary Action If the Union is not satisfied with the response of the Town Supervisor, the Union may submit the matter to arbitration by filing a demand for arbitration with the Federal Mediation and Conciliation Services in accordance with its rules and regulations. The demand for arbitration must be filed within fourteen calendar days of receiving the response from the Town Supervisor or when the response should have been received. The fees of the arbitrator shall be shared equally by the Town and the Union. The conduct of the arbitration shall be under the exclusive jurisdiction and control of the arbitrator which shall conform to applicable law. All decisions rendered by the arbitrator shall be final and binding upon all parties.
