PREHEARING DISCUSSIONS Clause Samples
The PREHEARING DISCUSSIONS clause establishes a requirement or framework for parties to engage in discussions before a formal hearing takes place. Typically, this involves the parties meeting to clarify issues, exchange information, or attempt to resolve disputes informally before proceeding to a more formal adjudicative process. For example, parties might be required to share evidence, identify witnesses, or narrow the scope of disagreement during these discussions. The core function of this clause is to promote efficiency and potentially resolve issues early, thereby saving time and resources for both parties and the adjudicator.
PREHEARING DISCUSSIONS. The parties agree that prior to submitting an unfair labor practice charge; or prior to the filing of a civil lawsuit, both parties shall discuss such matters at the earliest moment. All parties agree to provide full disclosure and to extend good faith efforts to resolve disputes through these discussions. Such discussions on offers of settlement may not be revealed at subsequent hearing. Nothing in this Article shall serve to waive the rights of the appellants or their representatives to the appeal procedure due to a lapse of time resulting from such prehearing discussions. PHYSICAL FITNESS AND APPEARANCE The parties agree that the physical, medical, and mental fitness and appearance of fire service personnel are requirements to perform the duties of the job and instill public confidence in the fire service function. They agree that such personnel require special treatment and consideration for the stress, physical demands and appearance expectations of the District and the public. Recognizing these important factors the parties agree that during the term of the Agreement the District may require medical, physical ability, and psychological assessments of such personnel provided the District pays and provides time off without loss of pay for such assessments. Any remedial or treatment action shall be the full responsibility of the employee. The District has the right to establish and maintain physical fitness standards as necessary, using the labor management process as defined in this agreement.
PREHEARING DISCUSSIONS. The parties agree that prior to submitting an unfair labor practice charge; or prior to the filing of a civil lawsuit, both parties shall discuss such matters at the earliest moment. All parties agree to provide full disclosure and to extend good faith efforts to resolve disputes through these discussions. Such discussions on offers of settlement may not be revealed at subsequent hearing. Nothing in this Article shall serve to waive the rights of the appellants or their representatives to the appeal procedure due to a lapse of time resulting from such prehearing discussions. PHYSICAL FITNESS AND APPEARANCE The parties agree that the physical, medical, and mental fitness and appearance of fire service personnel are requirements to perform the duties of the job and instill public confidence in the fire service function. They agree that such personnel require special treatment and consideration for the stress, physical demands and appearance expectations of the Fire District and the public. Recognizing these important factors the parties agree that during the term of the Agreement the Fire District may require medical, physical ability, and psychological assessments of such personnel provided the Fire District pays and provides time off without loss of pay for such assessments. Any remedial or treatment action shall be the full responsibility of the employee. The Fire District has the right to establish and maintain physical fitness standards as necessary, using the labor management process as defined in this agreement. PROBATIONARY PERIOD Employees in this unit shall serve a probationary period. The probationary period for Firefighter EMTs, Firefighter Paramedics, Engineers, Heavy Fire Equipment Operators and Captains shall be two thousand nine hundred and twelve (2,912) service hours and end at the end of the day in which the employee has completed the required number of service hours. The probationary period for Fire Suppression Aides shall be one thousand and forty (1,040) service hours and end at the end of the day in which the employee has completed the required number of service hours. Effective May 17, 2025, the probationary period for Fire Suppression Aides shall be two thousand nine hundred and twelve (2,912) service hours and end at the end of the day in which the employee has completed the required number of service hours. The probationary period will be automatically extended for each hour during which the employee is on leave without pay or on...
PREHEARING DISCUSSIONS. The parties agree that prior to submitting any matter within the appeal jurisdiction of the Civil Service Commission for adjudication, other than disciplinary matters; prior to submitting any matter within this Agreement for adjudication; or prior to the filing of a civil lawsuit, both parties shall discuss such matters at the earliest moment. All parties agree to provide full disclosure and to extend good faith efforts to resolve disputes through these discussions. Such discussions on offers of settlement may not be revealed at subsequent hearing. Upon declaration of impasse by either or both parties, the matter may be submitted to the Civil Service Commission within five (5) working days of such declaration. Nothing in this Article shall serve to waive the rights of the appellants or their representatives to the appeal procedure due to a lapse of time resulting from such prehearing discussions.
PREHEARING DISCUSSIONS. The parties agree that prior to submitting any matter within the appeal jurisdiction of the Civil Service Commission for adjudication, other than disciplinary matters, both parties shall discuss such matters at the earliest moment. All parties agree to provide full disclosure and to extend good faith efforts to resolve disputes through these discussions. Upon declaration of impasse by either or both parties, the matter may be submitted to the Civil Service Commission within five (5) working days of such declaration. Nothing in this Article shall serve to waive the rights of the appellants or their representatives to the appeal procedure due to a lapse of time resulting from such prehearing discussions.