Common use of Expedited Resolution of Disciplinary/Discharge Cases Clause in Contracts

Expedited Resolution of Disciplinary/Discharge Cases. 1. Notice of Discipline served on the employee shall be accompanied by a written statement that: a. The employee has a right to object by filing a grievance with the Superintendent or his/her designee, under the expedited procedure within fifteen (15) calendar days; b. The grievance procedure provides for a hearing by an independent arbitrator at its final step; c. The employee is entitled to representation by the CSEA at every step of the proceeding. 2. A Notice of Discipline may be the subject of a grievance before the Superintendent or his/her designee. The grievance must be filed by the employee or CSEA with the Superintendent or his/her designee within fifteen (15) calendar days of the Notice of Discipline. The employee shall be entitled to a meeting before the Superintendent or his/her designee within fifteen (15) calendar days of the receipt of the grievance, and a written decision shall be rendered within fifteen (15) calendar days of such meeting and shall be delivered in person or by certified or registered mail, return receipt requested, with a copy by email to CSEA. Should the written decision from the meeting fail to resolve the grievance or if the Superintendent or his/her designee fails to respond within fifteen (15) calendar days from such meeting, the CSEA has the right to proceed to arbitration. Such demand for Arbitration, by CSEA, must be made within fifteen (15) calendar days of the adverse determination, or the grievance is deemed to be waived. The Demand for Arbitration must be filed with the appointing authority and his/her designee. 3. For all disciplinary cases, the parties will utilize their mutually agreed to arbitrators panel to decide unresolved grievances brought under this procedure. 4. Each party will mutually select arbitrators for the panel. Each successor Agreement cycle the parties agree to meet and review an initial list of arbitrators offered first by CSEA. The District may then offer additional names or propose striking arbitrators’ names from the CSEA list. The final arbitrators panel for each successor Agreement cycle must be mutually agreed to in writing by the District and CSEA. In order to be designated by the District or CSEA to this panel, the arbitrator will agree in advance to schedule the hearing in an expedited fashion. The panel arbitrators shall be appointed to hear cases by rotation in alphabetical order by last name. The timeline for the hearing and the arbitrator’s award will all be as soon as is practicable. The parties agree the hearing and decision process should not take more than 180 days. This timeline may be extended by mutual agreement of the parties. Should the parties fail to mutually agree to extend the timeline, the assigned panel arbitrator shall make the final binding decision whether to extend. 5. The arbitrator’s decision with respect to guilt or innocence, penalty or probable cause for suspension shall be final and binding upon the parties. The arbitrator shall, when making said decision, have no power to add to, or subtract from, or modify the specific provisions of this Agreement.

Expedited Resolution of Disciplinary/Discharge Cases. 1. Notice of Discipline served on the employee shall be accompanied by a written statement that: a. The employee has a right to object by filing a grievance with the Superintendent or his/her designee, under the expedited procedure within fifteen (15) calendar days; b. The grievance procedure provides for a hearing by an independent arbitrator at its final step; c. The employee is entitled to representation by the CSEA at every step of the proceeding. 2. A Notice of Discipline may be the subject of a grievance before the Superintendent or his/her designee. The grievance must be filed by the employee or CSEA with the Superintendent or his/her designee within fifteen (15) calendar days of the Notice of Discipline. The grievance must be presented on the agreed upon form. The employee shall be entitled to a meeting before the Superintendent or his/her designee within fifteen (15) calendar days of the receipt of the grievance, and a written decision shall be rendered within fifteen (15) calendar days of such meeting and shall be delivered in person or by certified or registered mail, return receipt requested, with a copy by email to CSEAthe CSEA Unit President. Should the written decision from the meeting fail to resolve the grievance or if the Superintendent or his/her designee fails to respond within fifteen (15) calendar days from such meeting, the CSEA has the right to proceed directly to arbitration. Such demand for Arbitration, arbitration by CSEA, CSEA must be made within fifteen (15) calendar days of the adverse determination, or the grievance is deemed to be waived. The Demand demand for Arbitration arbitration must be filed with the appointing authority and his/her designee. 3. For all disciplinary cases, the parties will utilize their mutually agreed to arbitrators panel to decide unresolved grievances brought under this procedure. 4. Each party will mutually select arbitrators for the panel. Each successor Agreement agreement cycle the parties agree to meet and review an initial list of arbitrators offered first by CSEA. The District may then offer additional names or propose striking arbitrators’ arbitrators names from the CSEA list. The final arbitrators panel for each successor Agreement agreement cycle must be mutually agreed to in writing by the District and CSEA. In order to be designated by the District or CSEA to this panel, the arbitrator will agree in advance to schedule the hearing in an expedited fashion. The panel arbitrators shall be appointed to hear cases by rotation in alphabetical order by last name. The timeline for the hearing and the arbitrator’s award will all be as soon as is practicable. The parties agree the hearing and decision process should not take more than 180 one hundred and eighty (180) days. This timeline may be extended by mutual written agreement of the parties. Should the parties fail to mutually agree to extend the timeline, timeline the assigned panel arbitrator shall make the final binding decision whether to extend. 5. The arbitrator’s decision with respect to guilt or innocence, penalty or probable cause for suspension shall be final and binding upon the parties. The arbitrator shall, when making said decision, have no power to add to, or subtract from, or modify the specific provisions of this Agreement.

Expedited Resolution of Disciplinary/Discharge Cases. 1. Notice of Discipline served on the employee shall be accompanied by a written statement that: a. The employee has a right to object by filing a grievance with the Superintendent or his/her designee, under the expedited procedure within fifteen (15) calendar days; b. The grievance procedure provides for a hearing by an independent arbitrator at its final step; c. The employee is entitled to representation by the CSEA at every step of the proceeding. 2. A Notice of Discipline may be the subject of a grievance before the Superintendent or his/her designee. The grievance must be filed by the employee or CSEA with the Superintendent or his/her designee within fifteen (15) calendar days of the Notice of Discipline. The employee shall be entitled to a meeting before the Superintendent or his/her designee within fifteen (15) calendar days of the receipt of the grievance, and a written decision shall be rendered within fifteen (15) calendar days of such meeting and shall be delivered in person or by certified or registered mail, return receipt requested, with a copy by email to CSEA. Should the written decision from the meeting fail to resolve the grievance or if If the Superintendent or his/her designee fails to respond within fifteen (15) calendar days from such meeting, the CSEA has the right to proceed directly to arbitration. Such demand for Arbitration, by CSEA, arbitration must be made within fifteen (15) calendar days of the adverse determination, or the grievance is deemed to be waived. The Demand demand for Arbitration arbitration must be filed with the appointing authority and Superintendent of Schools or his/her designee. 3. For all disciplinary cases, the The parties will utilize their mutually agreed to the Public Employment Relations Board (PERB) list of permanent arbitrators panel to decide unresolved grievances brought under this procedure. From such PERB supplied list, the parties shall mutually pick an arbitrator to adjudicate the specific grievance. 4. Each party will mutually select arbitrators for the panel. Each successor Agreement cycle the parties agree to meet and review an initial list of arbitrators offered first by CSEA. The District may then offer additional names or propose striking arbitrators’ names from the CSEA list. The final arbitrators panel for each successor Agreement cycle must be mutually agreed to in writing by the District and CSEA. In order to be designated by the District or CSEA to this panel, the arbitrator will agree in advance to schedule the hearing in an expedited fashion. The panel arbitrators shall be appointed to hear cases by rotation in alphabetical order by last name. The timeline for the hearing and the arbitrator’s award will all be as soon as is practicable. The parties agree the hearing and decision process should not take more than 180 days. This timeline may be extended by mutual agreement of the parties. Should the parties fail to mutually agree to extend the timeline, the assigned panel arbitrator shall make the final binding decision whether to extend. 5. The arbitrator’s decision with respect to guilt or innocence, penalty or probable cause for suspension shall be final and binding upon the parties. The arbitrator shall, when making said decision, have no power to add to, or subtract from, or modify the specific provisions of this Agreement.