Common use of POLICE AND FIRE COMMISSION AND THE IMPOSITION OF DISCIPLINE Clause in Contracts

POLICE AND FIRE COMMISSION AND THE IMPOSITION OF DISCIPLINE. Section 19.1. Police and Fire Commission Authority. The parties recognize that the Police and Fire Commission of the Village of Orland Park has certain statutory authority over employees covered by this Agreement as defined by the Illinois Municipal Code, 65 ILCS 5/10- 2.1-1, et seq. The Agreement is nevertheless intended to supplement the authority of the Police and Fire Commission by providing non-probationary employees with the right to choose between having a dispute as to disciplinary action resolved through the grievance arbitration procedure of this Agreement or by hearing conducted by the Police and Fire Commission. Accordingly, the parties agree that if a disciplinary matter as to which a grievance has been filed is not resolved at Step 3 of the grievance procedure, the employee shall have the right to choose to have the dispute heard before the Police and Fire Commission or to continue an appeal through the grievance procedure as described in § 5.3 of this Agreement. An employee must in writing elect between having a dispute as to a disciplinary action resolved through the grievance/arbitration procedure or by hearing conducted by the Police and Fire Commission. The filing of a notice with the Village by the Chapter to refer the grievance to arbitration, as described in § 5.3, shall constitute notice of the employee's election to appeal the disciplinary dispute through the grievance arbitration procedure and to waive any hearing before the Police and Fire Commission. Conversely, the failure to file such notice shall constitute a waiver of the grievance appeal and an election by the employee to have the dispute heard by the Police and Fire Commission. In the event of any conflicts between this procedure and any Village ordinances or Police and Fire Commission rules, the provisions of this contract shall take precedence. The administration of discipline by the Employer in other respects shall be carried out as stated in the sections which follow.

POLICE AND FIRE COMMISSION AND THE IMPOSITION OF DISCIPLINE. Section 19.1. Police and Fire Commission Authority. The parties recognize that the Police and Fire Commission of the Village of Orland Park has certain statutory authority over employees covered by this Agreement as defined by the Illinois Municipal Code, 65 ILCS 5/10- 2.1-1, et seq. The Agreement is nevertheless intended to supplement the authority of the Police and Fire Commission by providing non-probationary employees with the right to choose between having a dispute as to a disciplinary action resolved through the grievance grievance/arbitration procedure of this Agreement or by hearing conducted by the Police and Fire Commission. Accordingly, the parties agree that if a disciplinary matter as to which a grievance has been filed is not resolved at Step step 3 of the grievance procedure, the employee shall have the right to choose to have the dispute heard before the Police and Fire Commission or subject to the approval of the Association to continue an appeal through the grievance procedure as described in § §5.3 of this Agreement. An employee must elect in writing elect between having a dispute as to a disciplinary action resolved through the grievance/arbitration procedure or by a hearing conducted by the Police and Fire Commission. The filing of a notice with the Village by the Chapter Association to refer the grievance to arbitration, as described in § §5.3, shall constitute notice of also contain a signed statement from the employee's election affected employee waiving any and all rights they may have to appeal the disciplinary dispute through the grievance arbitration procedure and action to waive any hearing before the Police and Fire Commission. Any disciplinary action notice of appeal filed without the required signed waiver shall not be arbitrable and the arbitrator shall be without jurisdiction to consider or rule upon the matter. Conversely, the failure to file such notice shall constitute a waiver of the grievance appeal and an election by the employee to have the dispute heard by the Police and Fire Commission. In the event of any conflicts between this procedure and any Village ordinances or Police and Fire Commission rules, the provisions of this contract shall take precedence. The administration of discipline by the Employer in other respects shall be carried out as stated in the these sections which follow.