Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 23. 4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the chief human resources officer using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question. 23.4.2.1 If the hearing is held during the work hours of employee(s), witness(es) and such, District employees shall be released without any loss of pay or benefits, to appear at the hearing. 23.4.2.2 At the hearing, the burden of proof shall be upon the party attempting to substantiate the charges. 23.4.2.3 In arriving at a recommendation, the Adjustment Board may consider any prior disciplinary actions. 23.4.2.4 A written record of the hearing shall be provided by the District. At least two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 2324.
4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the chief human resources officer Xxxx of Human Resources using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question.
23.4.2.1 24.4.2.1 If the hearing is held during the work hours of employee(s), witness(es) and such, District employees shall be released without any loss of pay or benefits, to appear at the hearing.
23.4.2.2 24.4.2.2 At the hearing, the burden of proof shall be upon the party attempting to substantiate the charges.
23.4.2.3 24.4.2.3 In arriving at a recommendation, the Adjustment Board may consider any prior disciplinary actions.
23.4.2.4 24.4.2.4 A written record of the hearing shall be provided by the District. At least twotwo (2) working days prior to the hearing, the employee may inquire how the hearing will be recorded. If a court reporter is not to be used and the employee requests that such reporter be used, the cost shall be borne by the employee unless the District desires a copy of the transcript and then the cost of the reporter and of the transcript shall be borne equally between the District and the employee.
24.4.2.5 A written recommendation, reviewed and signed by the Adjustment Board, shall be considered by the Board of Trustees during closed session of a regular meeting, no later than sixty (60) days after the hearing. The Board of Trustees shall make the final decision related to the imposition of discipline. The Board of Trustees shall provide written notice to the employee and his or her representative of the final determination related to discipline within ten (10) working days after the meeting of the board.
24.4.2.6 Disciplinary action shall be governed solely by the provisions of this Article and shall not be subject to the Grievance Procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 23.
4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the Executive Director of Human Resources chief human resources officer using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question.
23.4.2.1 If the hearing is held during the work hours of employee(s), witness(es) and such, District employees shall be released without any loss of pay or benefits, to appear at the hearing.
23.4.2.2 At the hearing, the burden of proof shall be upon the party attempting to substantiate the charges.
23.4.2.3 In arriving at a recommendation, the Adjustment Board may consider any prior disciplinary actions.
23.4.2.4 A written record of the hearing shall be provided by the District. At least two
Appears in 1 contract
Samples: Collective Bargaining Agreement
Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 23.
4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the chief human resources officer Executive Director of Human Resources using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question.
23.4.2.1 If the hearing is held during the work hours of employee(s), witness(es) and such, District employees shall be released without any loss of pay or benefits, to appear at the hearing.
23.4.2.2 At the hearing, the burden of proof shall be upon the party attempting to substantiate the charges.
23.4.2.3 In arriving at a recommendation, the Adjustment Board may consider any prior disciplinary actions.
23.4.2.4 A written record of the hearing shall be provided by the District. At least two
Appears in 1 contract
Samples: Collective Bargaining Agreement
