Grievance Hearing. The following guidelines shall be adhered to at all grievance hearings conducted by the Hearing Officer. (A) Hearing will be conducted within (30) calendar days after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty (30) day period. (B) The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read: (C) A hearing date will be scheduled by the Human Resources Manager in consultation with the Hearing Officer, the grievant, and if requested, the employee representative. Written notice stipulating the time and place of the hearings will be provided to all parties. (D) Xxxxxxxx(s) will appear before the Hearing Officer to present their case. If either the grievant(s) or the District does not appear, the Hearing Officer will make a decision on the information available at the time of the hearing. (E) Each party to the grievance shall have these rights: to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under cross-examination. (F) Decisions of the Hearing Officer shall be binding on all parties unless there is a financial impact on the District, in which case the decisions shall be subject to approval of the Board of Directors.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at in all grievance hearings conducted by the Hearing Officer.
(Aa) Hearing Hearings will be conducted within thirty (30) calendar days after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty (30) day period.
(Bb) The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:: “Do you solemnly swear (or affirm) that the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?”
(Cc) A hearing date will be scheduled by the Director of Human Resources Manager or designee in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and place of the hearings hearing will be provided to all parties.
(Dd) Xxxxxxxx(s) Xxxxxxxxx will appear before the Hearing Officer to present their caseindividual grievances. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision on the information available at the time of the hearing.
(Ee) Each party to the grievance shall have these rights: to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in his/her his own behalf, he/she he may be called and examined as if under cross-cross examination.
(F) Decisions . The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the Hearing Officer existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be binding on all parties unless there is a financial impact on effective to the District, same extent that they are commonly recognized in which case the decisions civil actions. Irrelevant and unduly repetitious evidence shall be subject to approval of the Board of Directorsexcluded.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at all grievance hearings conducted by the Hearing Officer.:
(A) Hearing Hearings will be conducted within thirty (30) calendar days after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty (30) day period.
(B) The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:
(C) A hearing date will be scheduled by the Human Resources Manager Fire Chief in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and the place of the hearings will be provided to all parties.
(DX) Xxxxxxxx(s) Xxxxxxxx will appear before the Hearing Officer to present their casehis or her individual grievance. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision based on the information available at the time of the hearing.
(E) Each party to the grievance shall have these rights: to call and examine witnesses; to introduce exhibits; to cross cross-examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in on his/her own behalf, he/he/ she may be called and examined as if under cross-examination.
(F) Decisions of the Hearing Officer shall be binding on all parties unless there is a financial impact on the District, in which case the decisions shall be subject to approval of the Board of Directors.. W xxxxxx decisions of the Hearing Officer shall be submitted to the Fire Chief, the grievant, and, if appropriate, the employee's representative, within thirty (30) calendar days after the close of the hearing.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at all grievance hearings conducted by the Hearing Officer.:
(A) Hearing Hearings will be conducted within thirty (30) calendar days after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty (30) day period.
(B) The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:
(C) A hearing date will be scheduled by the Human Resources Manager Fire Chief in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and the place of the hearings will be provided to all parties.
(DX) Xxxxxxxx(s) Xxxxxxxx will appear before the Hearing Officer to present their casehis or her individual grievance. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision based on the information available at the time of the hearing.
(E) Each party to the grievance shall have these rights: to call and examine witnesses; to introduce exhibits; to cross cross-examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in on his/her own behalf, he/he/ she may be called and examined as if under cross-examination.
(F) Decisions of the Hearing Officer shall be binding on all parties unless there is a financial impact on the District, in which case the decisions shall be subject to approval of the Board of Directors.
Appears in 1 contract
Samples: Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at in all grievance hearings conducted by the Hearing Officer.
(Aa) Hearing Hearings will be conducted within thirty (30) calendar days after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty (30) day period.
(Bb) The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:: “Do you solemnly swear (or affirm) that the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?”
(Cc) A hearing date will be scheduled by the Director of Human Resources Manager or designee in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and place of the hearings hearing will be provided to all parties.
(Dd) Xxxxxxxx(s) Xxxxxxxxx will appear before the Hearing Officer to present their caseindividual grievances. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision on the information available at the time of the hearing.
(Ee) Each party to the grievance shall have these rights: to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in his/her his own behalf, he/she he may be called and examined as if under cross-cross examination. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be effective to the same extent that they are commonly recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
(Ff) Decisions of the Hearing Officer shall be binding on all parties unless there is a financial impact on the District, in which case the decisions shall be subject to approval of the Board of DirectorsSupervisors. Written decisions of the Hearing Officer shall be submitted to the Director of Human Resources, the grievant, and, if appropriate, the employee representative, within thirty (30) calendar days after the close of hearing.
(g) All costs associated with the Hearing Officer, including but not limited to a Certified Shorthand Reporter, will be shared equally between the parties, unless the Union does not endorse the member’s grievance or disciplinary appeal.
Appears in 1 contract
Samples: Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at all grievance hearings conducted by the Hearing Officer.
(A) Hearing A. The hearing will be conducted within twenty (3020) calendar days workdays after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty twenty (3020) day period.
(B) B. The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:: “Do you solemnly swear (or affirm) that the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God.”
(C) C. A hearing date will be scheduled by the Division Manager, Human Resources Manager in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and place of the hearings hearing will be provided to all parties.
(D) Xxxxxxxx(s) X. Xxxxxxxxx will appear before the Hearing Officer to present their caseindividual grievance. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision on the information available at the time of the hearing.
(E) E. Each party to the grievance shall have these rights: to call and examine witnesseswitnesses to the issues; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issuesissue, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in his/her on his own behalf, he/she he may be called and examined as if under cross-cross examination. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rules, which might make improper the admission of such evidence over the objection in civil actions. The rules of privilege shall be effective to the same extent that they are commonly recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
(F) F. Decisions of the Hearing Officer shall be binding on all parties unless there is a financial impact on the DistrictDivision, in which case the decisions shall be subject to approval of the Board of DirectorsSupervisors. Written decisions of the Hearing Officer shall be submitted to the Division Manager, Human Resources, the grievant, and the employee representative, within thirty (30) workdays after the close of the hearing.
G. The cost for expenses of the Hearing Officer shall be borne equally by the parties. It is agreed that this Memorandum of Understanding shall not be binding upon the parties either in whole or in part unless and until approved by the Board of Supervisors. Any changes to this agreement, which do not have specific effective dates, become effective on the date of Board of Supervisors approval.
Appears in 1 contract
Samples: Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at in all grievance hearings conducted by the Hearing Officer.
(Aa) Hearing Hearings will be conducted within thirty (30) calendar days after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty (30) day period.
(Bb) The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:: “Do you solemnly swear (or affirm) that the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?”
(Cc) A hearing date will be scheduled by the Human Resources Division Manager in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and place of the hearings hearing will be provided to all parties.
(Dd) Xxxxxxxx(s) Xxxxxxxxx will appear before the Hearing Officer to present their caseindividual grievances. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision on the information available at the time of the hearing.
(Ee) Each party to the grievance shall have these rights: to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in his/her his own behalf, he/she he may be called and examined as if under cross-cross examination.
(F) Decisions . The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the Hearing Officer existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be binding on all parties unless there is a financial impact on effective to the District, same extent that they are commonly recognized in which case the decisions civil actions. Irrelevant and unduly repetitious evidence shall be subject to approval of the Board of Directorsexcluded.
Appears in 1 contract
Samples: Memorandum of Understanding
Grievance Hearing. The following guidelines shall be adhered to at all grievance hearings conducted by the Hearing Officer.
(A) Hearing A. The hearing will be conducted within twenty (3020) calendar days workdays after the appointment of said Hearing Officer, unless the parties agree to a date beyond the thirty twenty (3020) day period unless good cause is shown to extend the period.
(B) B. The Hearing Officer shall require all witnesses to testify under oath or affirmation. The oath shall read:: “Do you solemnly swear (or affirm) that the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God.”
(C) C. A hearing date will be scheduled by the Chief, Human Resources Manager Division, SDD in consultation with the Hearing Officer, the grievant, and if requestedappropriate, the employee representative. Written notice stipulating the time and place of the hearings hearing will be provided to all parties.
(D) Xxxxxxxx(s) X. Xxxxxxxxx will appear before the Hearing Officer to present their caseindividual grievance. If either the grievant(s) or the District grievant does not appear, the Hearing Officer will make a decision on the information available at the time of the hearing.
(E) E. Each party to the grievance shall have these rights: to call and examine witnesseswitnesses to the issues; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issuesissue, even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence. If the grievant does not testify in his/her on his own behalf, he/she he may be called and examined as if under cross-cross examination. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over the objection in civil actions. The rules of privilege shall be effective to the same extent that they are commonly recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
(F) F. Decisions of the Hearing Officer shall be binding on all parties unless there is a financial impact on the DistrictDivision, in which case the decisions shall be subject to approval of the Board of DirectorsSupervisors. Written decisions of the Hearing Officer shall be submitted to the Chief, Human Resources Division, SDD, the grievant, and the employee representative, within thirty (30) workdays after the close of the hearing.
G. The cost for expenses of the Hearing Officer shall be borne equally by the parties. It is agreed that this Memorandum of Understanding shall not be binding upon the parties either in whole or in part unless and until approved by the Board of Supervisors. Any changes to this agreement which do not have specific effective dates become effective on the date of Board of Supervisors approval.
Appears in 1 contract
Samples: Memorandum of Understanding