Common use of DISCIPLINARY ARBITRATION Clause in Contracts

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 arbitration shall be deemed a waiver of all other remedies or forums which otherwise might be available in resolving disputes under this Agreement.

DISCIPLINARY ARBITRATION. A. 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. 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. C) No hearing shall be required. The County Manager / Administrator or his/her designee shall review the documents submitted, issue a decision in writing 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. 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. 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. 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. G) The decision of the arbitrator shall be final and binding on the parties. H. H) The cost for the arbitrator shall be shared equally by the parties. I. I) The election to submit a disciplinary grievance to arbitration shall be deemed a waiver of all other remedies or forums which otherwise might be available in resolving disputes under this Agreement.