Major Discipline. Major discipline is a suspension of more than 3 days, reduction in class or pay, or termination. An employee subject to major discipline may appeal the discipline by submitting a request for arbitration to the Management Services Department within 15 working days of receipt of the final notice of discipline. The arbitration shall be governed by the Rules and Procedures provided for in Exhibit F. The grievant and the City may agree upon an arbitrator to hear the grievance. In the event the parties cannot agree upon an arbitrator they shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service within 10 working days after receipt of the written submission to arbitration and shall thereafter select an arbitrator from that list or any subsequent list. If the parties cannot agree upon an arbitrator, they will alternately strike names from the list until one name remains. The City shall strike the first name from the list. If either the City or the employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the discipline first; no hearing on the merits of the discipline appeal may be conducted until the issue of arbitrability has been decided. The decision of the arbitrator regarding arbitrability shall be final and binding on the parties. The arbitrator shall conduct an evidentiary hearing and shall issue a written decision within 30 working days of hearing or submission of written briefs. Any time limit or stage of the procedure specified may be waived upon consent of the employee and the City.
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Major Discipline. Major discipline is a suspension of more than 3 days, reduction in class or pay, or termination. An employee subject to major discipline may appeal the discipline by submitting a request for arbitration to the Management Services Department within 15 working days of receipt of the final notice of discipline. The arbitration shall be governed by the Rules and Procedures provided for in Exhibit F. G. The grievant and the City may agree upon an arbitrator to hear the grievance. In the event the parties cannot agree upon an arbitrator they shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service within 10 working days after receipt of the written submission to arbitration and shall thereafter select an arbitrator from that list or any subsequent list. If the parties cannot agree upon an arbitrator, they will alternately strike names from the list until one name remains. The City shall strike the first name from the list. If either the City or the employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the discipline first; no hearing on the merits of the discipline appeal may be conducted until the issue of arbitrability has been decided. The decision of the arbitrator regarding arbitrability shall be final and binding on the parties. The arbitrator shall conduct an evidentiary hearing and shall issue a written decision within 30 working days of hearing or submission of written briefs. Any time limit or stage of the procedure specified may be waived upon consent of the employee and the City.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Major Discipline. Major discipline is a suspension of more than 3 days, reduction in class or pay, or termination. An employee subject to major discipline may appeal the discipline by submitting a request for arbitration to the Management Services Department within 15 working days of receipt of the final notice of discipline. The arbitration shall be governed by the Rules and Procedures provided for in Exhibit F. J. The grievant and the City may agree upon an arbitrator to hear the grievance. In the event the parties cannot agree upon an arbitrator they shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service within 10 working days after receipt of the written submission to arbitration and shall thereafter select an arbitrator from that list or any subsequent list. If the parties cannot agree upon an arbitrator, they will alternately strike names from the list until one name remains. The City shall strike the first name from the list. If either the City or the employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the discipline first; no hearing on the merits of the discipline appeal may be conducted until the issue of arbitrability has been decided. The decision of the arbitrator regarding arbitrability shall be final and binding on the parties. The arbitrator shall conduct an evidentiary hearing and shall issue a written decision within 30 working days of hearing or submission of written briefs. Any time limit or stage of the procedure specified may be waived upon consent of the employee and the City.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Major Discipline. Major discipline is a suspension of more than 3 days, reduction in class or pay, or termination. An employee subject to major discipline may appeal the discipline by submitting a request for arbitration to the Management Services Department within 15 working days of receipt of the final notice of discipline. The arbitration shall be governed by the Rules and Procedures provided for in Exhibit F. GF. The grievant and the City may agree upon an arbitrator to hear the grievance. In the event the parties cannot agree upon an arbitrator they shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service within 10 working days after receipt of the written submission to arbitration and shall thereafter select an arbitrator from that list or any subsequent list. If the parties cannot agree upon an arbitrator, they will alternately strike names from the list until one name remains. The City shall strike the first name from the list. If either the City or the employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the discipline first; no hearing on the merits of the discipline appeal may be conducted until the issue of arbitrability has been decided. The decision of the arbitrator regarding arbitrability shall be final and binding on the parties. The arbitrator shall conduct an evidentiary hearing and shall issue a written decision within 30 working days of hearing or submission of written briefs. Any time limit or stage of the procedure specified may be waived upon consent of the employee and the City.
Appears in 1 contract
Samples: Memorandum of Understanding