Common use of Disciplinary Appeals Clause in Contracts

Disciplinary Appeals. All disciplinary actions arising under this Agreement shall be resolved in accordance with the disciplinary appeal process in Personnel Management Regulation 47. Any disciplinary action subject to appeal to the Personnel Commission pursuant to PMR 47, by agreement of the parties, may be submitted to an arbitrator for him/her to make written findings and render a decision in accordance with PMR 47.9. If the parties disagree about whether a termination shall be heard by an arbitrator, within 2 business days of the disagreement, either party may request mediation. Mediation shall be scheduled within 30 days of the initial request. The request for mediation does not preclude the department from scheduling an initial hearing date before the Personnel Commission. Mediation shall not be binding. If the parties mutually agree to have the termination heard before an arbitrator, the decision of the arbitrator shall be final and binding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure. The arbitrator shall have the same limitations as listed in PMR 24.4.

Disciplinary Appeals. ‌ All disciplinary actions arising under this Agreement shall be resolved in accordance with the disciplinary appeal process in Personnel Management Regulation 47. Any disciplinary action subject to appeal to the Personnel Commission pursuant to PMR 47, by agreement of the parties, may be submitted to an arbitrator for him/her to make written findings and render a decision in accordance with PMR 47.9. If the parties disagree about whether a termination shall be heard by an arbitrator, within 2 business days of the disagreement, either party may request mediation. Mediation shall be scheduled within 30 days of the initial request. The request for mediation does not preclude the department from scheduling an initial hearing date before the Personnel Commission. Mediation shall not be binding. If the parties mutually agree to have the termination heard before an arbitrator, the decision of the arbitrator shall be final and binding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure. The arbitrator shall have the same limitations as listed in PMR 24.4.