Minor Discipline. Minor discipline is a reprimand or a suspension of three days or less. An employee subject to minor discipline shall have the right to appeal such discipline to the appointing authority or other City official not involved in imposing the discipline by submitting a written request within ten (10) working days from the date of the discipline. The administrative hearing shall be conducted within ten (10) working days of the filing of the request and the hearing officer shall issue written findings within ten (10) working days of the hearing. The employee shall be entitled to representation and to present such documentary and testimonial evidence as is appropriate under the circumstances. The City official presiding at the administrative hearing shall have the authority to affirm the discipline, modify the discipline or exonerate the employee. The decision shall be final and binding on the City and the employee.
Minor Discipline a. The appeal procedure as defined in this Section shall be the exclusive procedure for resolving disputes regarding minor discipline as defined in b. below and shall supersede all other pre-existing procedures.
b. Where an appointing authority or designee takes a disciplinary action of a suspension without pay for five days or less (excluding formal reprimands) or up to a five percent reduction in pay for five months or less (excluding formal reprimands), the appointing authority or designee shall give the employee written notice of the proposed action. This notice shall be served personally or by regular first class US mail to the employee at least five working days prior to the effective date of the proposed discipline. The notice shall include:
(1) A statement of the nature of the discipline.
(2) The effective dates of the action.
(3) The reasons for the action in ordinary language.
(4) A statement advising the employee that he/she may answer orally or in writing.
(5) A statement advising the employee of the time within which an appeal must be filed, and the name of the person specified by the State to whom the appeal must be filed.
(6) A copy of all materials upon which the action is based.
(7) A statement of the employee’s right to respond to a representative of the appointing authority who has the authority to make or recommend a final disciplinary action.
c. The failure of the appointing authority to comply with the notification requirements in b.(1), (2), (3), (4), (5), (6), and (7) above, will not affect the validity of the action and will refile the charges. At anytime before an employee’s appeal is submitted to the adjudication process, the appointing authority may amend the action.
d. The appellant’s representative shall have the right to interview others having knowledge of the acts or omissions upon which the Adverse Action is based.
e. Any appeal of minor discipline must be filed in writing and received by the person specified by the State in b.(5) above within ten calendar days of the service of the discipline notice. The remedy requested shall be limited to the recision or modification of the discipline imposed.
f. An appeal meeting with the appellant and the person specified in b. (7) above shall occur within ten calendar days of the service of discipline notice if requested in the appeal. The purpose of this meeting is to provide the appellant or his/her representative the opportunity to respond to the charges and to present all documen...
Minor Discipline. Hearings shall be scheduled by the Department after consultation with the Union as to availability of mutually convenient dates within the time limits set forth herein. Accommodation of a short period beyond these limits may be made for sufficient reason.
Minor Discipline. Minor Discipline shall consist of those minor violations, which may result in a recommendation to the Department Head for a short-term suspension not exceeding five (5) days. Informal reprimands should be documented by each manager and thoroughly discussed with the offending supervisor, and a copy sent to the Association. In the event the supervisor wishes to appeal the reprimand, he may request a hearing, which shall be granted in accordance with procedures outlined in this Article. No penalty which arises out of Minor Discipline shall be imposed without the concurrence of the respective Department Head and the opportunity to appeal. In the exercise of Minor Discipline, the supervisor who is alleged to be guilty of violations of rules, regulations, or procedures shall be served with a formal notice and specification of the alleged violation, which shall hereafter be referred to as "Advisory Notice of Disciplinary Action." The supervisor involved in a Minor Disciplinary Action shall be advised of the date, time and place of the hearing of the charges. The hearing notice shall be served upon the supervisor no less than five (5) days in advance of the date fixed for the hearing. The date of the hearing may be changed by mutual consent. The supervisor shall be entitled to and may select representation of his own choice. In all cases, the Association shall receive a copy of the Advisory Notice of Disciplinary Action and the Association Representatives shall be invited to attend the hearing, notwithstanding the fact that the supervisor may have elected to be represented by a non-Association member, or a person having no affiliation with the Association, or the negotiating unit. As a respondent, the supervisor involved shall be entitled to request in his defense such witnesses as he may wish to have present; the right of cross-examination of all witnesses and the right to have made available to him such records, files, and documents as he may consider necessary to his defense. Upon the hearing of all testimony and a review of all records and documents in evidence, the Hearing Officer, who shall be a Division Manager in hearings involving Toll Collection, a Division Manager or Superintendent in hearings involving Maintenance, shall render a decision in no more than forty-five (45) days after the conclusion of the hearing or hearings. Following approval of the determination by the Department Head, the supervisor or supervisors and the Association involved shall be...
Minor Discipline. All supervisors are authorized to implement minor disciplinary measures. Minor disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
Minor Discipline. In the event that discipline of an employee involves suspension or fine of 35 hours or less a grievance may be filed in accordance with the existing grievance procedures, Article 23.
Minor Discipline. In the event that the Court imposes disciplinary action consisting of a suspension without pay of five days or less or written reprimand, the affected employee may appeal such discipline in the manner set forth in this section. Within ten (10) calendar days of the date an employee receives a written reprimand, they may submit a written response to the reprimand, which will be maintained in the employee’s personnel file along with the reprimand. Within ten (10) working days of the date the employee received the disciplinary notice, the employee may file a written appeal with their department head. Within five (5) working days the department head shall schedule a meeting with the employee and, where applicable, their representative, to discuss the appeal. Within ten (10) working days after that meeting, or such longer period as the department head may determine is required to investigate the matter, the department head shall provide the employee with a written response to the appeal.
A. If the issue of minor discipline is not resolved at Step 1, within twenty (20) working days after receipt of the first level response, the Union shall have the right to submit the appeal to the Court to initiate review by an independent arbitrator. If the appeal is not submitted to the Court within twenty (20) working days after receipt of the first level response, the appeal shall be considered withdrawn.
B. Within five (5) working days after the notice requesting third party review has been submitted to the Court, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If, at this meeting, the parties are unable mutually to select an arbitrator, they shall request a list of seven experienced labor arbitrators from the State Mediation and Conciliation Service, from which the parties shall alternately strike names until one name remains and this person shall be the arbitrator.
C. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the Union and the Court.
D. An arbitrator may, upon request of the Union and the Court, issue their decision orally upon submission of the arbitration. Either party may request that the arbitrator put their decision in writing and that a copy be provided.
E. The arbitrator shall not have the power to add to, subtract from, or modify any written Court rule or ...
Minor Discipline. Minor discipline is defined as a written reprimand or suspension for 3 working days or less.
Minor Discipline a. Minor discipline shall include: (a) a written reprimand; and
Minor Discipline. In cases of verbal or written reprimand or suspension of up to three working days, the affected employee shall have the right of appeal up through the General Manager.
Step 1 - An employee who has received discipline from a supervisor may appeal to the Department Manager within ten (10) days from the imposition of the discipline. The appeal must be submitted in writing and contain the following:
1. Name of the employee;
2. Name of the supervisor;
3. Type of discipline imposed;
4. Date the discipline was imposed;
5. Reasons why the employee believes the discipline is inappropriate;
6. Corrective action desired; and
7. Name of any person or representative chosen by the employee to participate in the disciplinary appeal hearing. Upon receipt of the written appeal, the Department Manager shall talk with the employee, and his/her representative, if requested, the immediate supervisor and others as appropriate and, within ten (10) working days of receipt of the appeal, prepare a written decision to either uphold, repeal or amend the disciplinary action and the basis for the decision.
Step 2 - If the employee remains dissatisfied with the decision of the Department Manager, that decision may be appealed in writing to the General Manager within five (5) working days of receiving the Department Manger's decision. The General Manager will consider all aspects of the appeal, gathering information from others, including the employee and his/her representative, and shall render a final written decision within ten (10) working days after meeting with the employee.
