Common use of Discipline – Advisory Arbitration Clause in Contracts

Discipline – Advisory Arbitration. As an alternative, the Union may elect to appeal discipline to advisory arbitration before discipline is imposed. (A) The arbitrator shall be selected from a list provided by the American Arbitration Association or the State Mediation and Conciliation Service. A list of seven names shall be requested from either source in a manner to be jointly agreed upon by the City and Union. The City and the Union, shall alternatively delete names from the list. (B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time and place convenient to the City, the employee and the Union. (C) The arbitrator shall have the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and conclusion whether the discipline was for just cause and whether the discipline was appropriate. The arbitrator may recommend an outcome, but the final authority rests with the City Manager. (D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing his/her advisory recommendations to the City Manager and the employee. (E) Within fourteen (14) calendar days of receipt of the arbitrator’s advisory recommendations, the City Manager shall issue a final decision. The City Manager’s decision shall be final. (F) Any costs associated with the arbitration hearing shall be borne equally by the City and Union. (G) City employees who are employed "at-will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to these discipline procedures.

Discipline – Advisory Arbitration. As an alternative, the Union may elect to appeal discipline to advisory arbitration before discipline is imposed. (A) The arbitrator shall be selected from a list provided by the American Arbitration Association or the State Mediation and Conciliation Service. A list of seven names shall be requested from either source in a manner to be jointly agreed upon by the City and Union. The City and the Union, shall alternatively delete names from the list. (B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time and place convenient to the City, the employee and the Union. (C) The arbitrator shall have the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and conclusion whether the discipline was for just cause and whether the discipline was appropriate. The arbitrator may recommend an outcome, but the final authority rests with the City Manager. (D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing his/her advisory recommendations to the City Manager and the employee. (E) Within fourteen (14) calendar days of receipt of the arbitrator’s 's advisory recommendations, the City Manager shall issue a final decision. The City Manager’s ' s decision shall be final. (F) Any costs associated with the arbitration hearing shall be borne equally by the City and Union. (G) City employees who are employed "at-will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to these discipline procedures.

Discipline – Advisory Arbitration. As an alternative, the Union may elect to appeal discipline to advisory arbitration before discipline is imposed. (A) The arbitrator shall be selected from a list provided by the American Arbitration Association or the State Mediation and Conciliation Service. A list of seven names shall be requested from either source in a manner to be jointly agreed upon by the City and Union. The City and the Union, shall alternatively delete names from the list. (B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time and place convenient to the City, the employee and the Union. (C) The arbitrator shall have the authority to convene the hearing, receive evidence through testimony and documents and to make findings of fact and conclusion whether the discipline was for just cause and whether the discipline was appropriate. The arbitrator may recommend an outcome, but the final authority rests with the City Manager. (D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing his/her advisory recommendations to the City Manager and the employee.. 2016-2019 City of Petaluma / AFSCME Unit 3 MOU 30 (E) Within fourteen (14) calendar days of receipt of the arbitrator’s 's advisory recommendations, the City Manager shall issue a final decision. The City Manager’s ' s decision shall be final. (F) Any costs associated with the arbitration hearing shall be borne equally by the City and Union. (G) City employees who are employed "at-will," or who are temporary or probationary, are not subject to the requirement of good cause, and are not entitled to these discipline procedures.