DISCIPLINARY ARBITRATION. Sec. 3101 PURPOSE: To provide an equitable and uniform procedure for administration and arbitration of discipline. For acts or omissions occurring after January 1, 1993, the provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations. Sec. 3102 WRITTEN ORDER FOR DEMOTION, SUSPENSION, REDUCTION IN
A. The appointing authority shall serve upon the employee a Notice of Proposed Disciplinary Action stating the nature of the proposed action and its effective date. Such Notice shall also set forth in writing the reasons for the proposed disciplinary action, a statement of the charges upon which the action is to be based, a notice to the employee that he has the right to review the materials being used against him, and a statement advising the employee that he has a right to respond to the charges. A duplicate of that Notice must be filed with the Director- Human Resources and VCPPOA.
B. Within seven (7) calendar days from receipt of the Notice of Proposed Disciplinary Action, unless additional time is otherwise specified by the appointing authority or his/her designee in said Notice of Proposed Disciplinary Action, the employee may respond to the proposed action. Such response may be presented orally or in writing. The employee has a right to have a VCPPOA representative if he so chooses.
C. At the completion of the period provided in "B" above, the appointing authority shall review the employee's response, if any, and make a determination whether to cancel, amend, or sustain the proposed action. If the appointing authority decides to amend or sustain the proposed action, the employee will be served with a Notice of Disciplinary Action again setting forth in writing the reasons for disciplinary action and offering a statement of the charges upon which the action is based. The Notice of Disciplinary Action shall also advise the employee that the action being taken is final, and apprise him of his right to request that VCPPOA submit the matter to arbitration within fourteen (14) calendar days. A duplicate of that Notice must be filed with the Director-Human Resources and VCPPOA. Nothing in this Section shall be considered to restrict the right of the County to take immediate disciplinary action when it is deemed appropriate. Sec. 3103 CAUSES FOR DEMOTION, SUSPENSION, REDUCTION IN PAY,
DISCIPLINARY ARBITRATION. Sec. 2601 Purpose: To provide an equitable and uniform procedure for administration and arbitration of Discipline. The provisions of this Article supersede those of Article 21 of the Ventura County Personnel Rules and Regulations.
DISCIPLINARY ARBITRATION. (1) If a disciplinary grievance is not settled or otherwise resolved, it may be appealed to independent arbitration. Such appeal must be filed with the American Arbitration Association by certified mail, return receipt requested, on a disciplinary grievance form, with a copy to the appointing authority, within 14 calendar days of service of the department or agency response. If there is no department or agency response received within 10 calendar days after the department or agency meeting, the appeal to arbitration must be filed within 24 calendar days of such meeting. If the appeal to arbitration is filed by the employee’s representative, and the employee or employee’s representative has not already furnished the employee’s written consent, the appointing authority or the designee of the appointing authority may request written confirmation of the employee’s consent to the filing of such appeal. Such written consent must be provided to the appointing authority or the designee of the appointing authority no later than five (5) days prior to the first day of the arbitration hearing.
(2) The disciplinary arbitrator shall hold a hearing within 14 calendar days after his/her selection. A decision shall be rendered within seven (7) calendar days of the close of the hearing or within seven (7) calendar days after receipt of the transcript, if either party elects a transcript as provided in paragraph (8), or within such other period of time as may have been mutually agreed to by the department or agency and the grievant or his/her representative.
(3) Protection of Patient or Client Witnesses
(i) A patient or client witness will be protected, when giving testimony in a disciplinary arbitration hearing, by shielding the employee from view, in one of the following ways: • use of a portable screen or partition consisting of one-way glass; or • use of a closed circuit television in a live transmission with the employee in a separate room and the arbitrator, the representatives and the witness(es) in another room; or • use of a one-way mirrored room with the employee in a separate room with the ability to view and hear the proceedings; or • in a manner comparable and as effective as one of the above-stated. A patient or client witness will be shielded in one of the described ways when a certified or licensed professional determines that there is a need for such protection for the patient or client witness. A determination that there is a need for such protection is no...
DISCIPLINARY ARBITRATION a) The City University and the PSC shall jointly agree on a panel of disciplinary arbitrators. Each member of the panel shall be assigned a number in rotation and, in the event of disciplinary arbitration, the first arbitrator in order who is available to conduct a hearing within ten (10) calendar days shall serve as the arbitrator.
b) The procedure for disciplinary arbitration is as follows:
(1) Notice of appeal to disciplinary arbitration shall be filed by service upon the Vice Chancellor for Legal Affairs. A copy of the appeal shall be sent simultaneously to the College President.
(2) The case shall be assigned to an arbitrator to be selected in accordance with Section 21.8 a above.
(3) The disciplinary arbitrator shall hold a disciplinary arbitration hearing within ten (10) calendar days of designation, or on such other date as may be mutually agreed upon by the parties. The disciplinary arbitrator shall render a decision within five (5) calendar days of the close of the hearing. The arbitrator shall follow AAA procedures.
(4) The disciplinary arbitrator shall be limited to determinations of guilt or innocence and the sufficiency of grounds for the penalty. The arbitrator shall not consider alleged violations of any other provision or article of this Agreement, or of the University Bylaws or written policies, which shall be subject, as applicable, only to the provisions of Article 20 of this Agreement. The disciplinary arbitrator shall not add to, subtract from, or modify the provisions of this Agreement. The disciplinary arbitrator's decision regarding guilt or innocence and the sufficiency of grounds for the penalty shall be final and binding upon the parties. The disciplinary arbitrator may approve or disapprove the penalty or impose other penalties warranted under the circumstances.
DISCIPLINARY ARBITRATION. A. Disciplinary Arbitration shall only be available to those employees who are not entitled to due process under Section 75 and 76 of the New York State Civil Service Law or any other statutory disciplinary procedures contained in New York State Civil Service Law.
B. An employee who is not entitled to the statutory disciplinary procedures contained in New York State Civil Service Law Section 75 as noted as Section A., above and who wishes to proceed with a disciplinary objection or challenge which involves a suspension without pay, a reduction in pay, a demotion of position or a termination from employment shall file such disciplinary grievance directly to the County Manager / Administrator or his/her designee within ten (10) calendar days of notification of such disciplinary action. The notice shall contain the statement of charges and penalties, upon which the employee is basing such objection/challenge.
C. No hearing shall be required. The County Manager / Administrator or his/her designee shall review the documents submitted, issue a decision in writing and return copies to the grievant, and the Association within ten (10) calendar days of receipt of the disciplinary grievance. No rationale or discussion of the merits of the grievance shall be required with the decision, although the same may be provided.
D. The parties may by mutual agreement, schedule a meeting to be held between the County Manager / Administrator or his/her designee and the Association Representative assigned to handle the arbitration in an effort to resolve the Disciplinary Grievance prior to the issuance of the County Manager / Administrator or his/her designee’s decision.
E. If such meeting is scheduled, the time frame for a decision of the County Manager / Administrator or his/her designee shall be ten (10) calendar days from the date of such meeting, thereby altering the time frame as identified in Sub Section C., above.
F. If the Association is not satisfied with the decision of the County Manager / Administrator or his/her designee as it relates to this Disciplinary Grievance it may appeal to PERB for arbitration within ten (10) calendar days from the receipt of the Step 2., subsection 4., decision and thereafter the parties shall be bound by PERB's procedures for arbitration.
G. The decision of the arbitrator shall be final and binding on the parties.
H. The cost for the arbitrator shall be shared equally by the parties.
I. The election to submit a disciplinary grievance to ...
DISCIPLINARY ARBITRATION. 34 83 FULL UNDERSTANDING, MODIFICATION WAIVER............................ 35 88
DISCIPLINARY ARBITRATION. (a) The City University and the PSC shall jointly agree on a panel of disciplinary arbitrators. Each member of the panel shall be assigned a number in rotation and, in the event of disciplinary arbitration, the first arbitrator in order who is available to conduct a hearing within ten (10) calendar days shall serve as the arbitrator.
(b) The procedure for disciplinary arbitration is as follows:
1. Notice of appeal to disciplinary arbitration shall be filed by service upon the Vice Chancellor for Legal Affairs. A copy of the appeal shall be sent simultaneously to the College President.
2. The case shall be assigned to an arbitrator to be selected in accordance with Section 21.8 (a) above.
3. The disciplinary arbitrator shall hold a disciplinary arbitration hearing within ten
DISCIPLINARY ARBITRATION. 34 103 FULL UNDERSTANDING, MODIFICATION WAIVER............................ 35 109 AUTHORIZED AGENTS ........................................................................ 36 111 PROVISIONS OF LAW .......................................................................... 37 112 COOPERATION WITH COMPLIANCE OF THE VENTURA COUNTY MEDICAL CENTER.............................................. 38 113 WORKPLACE SAFETY………………………………………….…………...39… 114 HEALTH AND SAFETY ......................................................................... 40 115 ASSOCIATION MEMBERSHIP……………………………………………...41 116 INTEGRITY OF THE BARGAINING UNIT………………………………….42… 119 RN DEGREE WORK LIFE BALANCE………………………………………43 120 DEDICATED FLOAT POOL………….………………………………………44 121 BREAK RELIEF/RESOURCE NURSE……..….……………………………45 122 CHARGE NURSE TRAINING PROGRAM.…………………………………46 123 RAPID RESPONSE TEAM .................................................................... 47 124 ARTICLE 1 Sec. 101 Term: This Memorandum of Agreement (hereinafter "Agreement") between the California Nurses Association (hereinafter "Association" or "CNA") and the County of Ventura (hereinafter "County") is effective from March 17, 2020, up to and including March 17, 2023.
DISCIPLINARY ARBITRATION. Sec. 2901
DISCIPLINARY ARBITRATION. 15 A. The Association may not appeal a discipline to a disciplinary arbitrator 16 unless the employee subjected to discipline has executed a waiver of rights 17 to elect a Trial Board.
18 B. If the Association elects to appeal to disciplinary arbitration, the notice shall 19 be filed and served with the Chief’s office within ten (10) business days of 20 receipt of the notice of disciplinary charges or within a mutually agreed time 21 period. If the Association elects to not appeal to disciplinary arbitration, the 22 employee will have ten (10) business days within which to proceed to the 23 Trial Board.
24 C. If the Association elects disciplinary arbitration, the discipline will be 25 imposed immediately after the time limit in Subsection 20.4 B has expired.
26 D. If the Association elects the disciplinary arbitration, the Parties will request 27 the appointment of an Arbitrator from the Public Employment Relations 28 Commission’s Law Enforcement Roster within ten (10) business days. funded by the Legislature in the 2025-2027 budget. 1 E. Record 2 The arbitrator shall develop a record of the proceedings. There will be no 3 discovery. Charges shall be proven by a preponderance of the evidence. The 4 proceedings before the arbitrator shall be recorded.
