TIMING AND CONDUCT OF HEARING a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee shall be represented by the Union and counsel chosen by the Union.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
d. The appointing authority may also be represented by counsel.
e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law.
f. Oral evidence shall be taken only on oath or affirmation.
g. A court reporter shall take a transcript of the hearing.
h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.
TIMING AND CONDUCT OF HEARING a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee may be represented by UPE; or, if the employee chooses not to be represented by UPE, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearing.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
d. UPE shall have the right to attend the hearing if UPE is not chosen by the employee as his/her representative.
e. The Court may also be represented by counsel.
f. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law.
g. Oral evidence shall be taken only on oath or affirmation.
h. A Court reporter shall take a transcript of the hearing.
i. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.
j. Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness; and to rebut evidence. The appellant may be called and examined as if under cross-examination.
k. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Th...
TIMING AND CONDUCT OF HEARING a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee who is subject to disciplinary action may be represented by the representative of his/her choice.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
d. The appointing authority may also be represented by counsel.
e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law.
f. Oral evidence shall be taken only on oath or affirmation.
g. A court reporter shall take a transcript of the hearing.
h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.
TIMING AND CONDUCT OF HEARING a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee shall be represented by APECS.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
d. The appointing authority may also be represented by counsel.
e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law.
f. Oral evidence shall be taken only on oath or affirmation.
g. A court reporter shall take a transcript of the hearing.
h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.
TIMING AND CONDUCT OF HEARING a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing shall be private, unless mutually agreed by the parties to be public.
b. The employee shall be entitled to be represented by the Association and counsel chosen by the Association; or, if the employee chooses not to be represented by the Association, the employee may be self-represented. The employee has the further right to pay for and retain independent counsel for representation at the hearing.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
d. The Association shall have the right to attend the hearing if the Association is not chosen by the employee as his/her representative.
e. The appointing authority may also be represented by counsel.
f. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law.
g. Oral evidence shall be taken only on oath or affirmation.
h. A court reporter shall take a transcript of the hearing.
i. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.
TIMING AND CONDUCT OF HEARING a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee shall be represented by Sacramento-Sierra’s Building and Construction Trades Council and counsel chosen by Sacramento-Sierra’s Building and Construction Trades Council.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
d. The appointing authority may also be represented by counsel.
e. At the hearing, the appointing authority shall have the burden of going forward first with evidence in support of the allegations contained in the order of disciplinary action and shall have the burden of establishing the facts by a preponderance of the evidence. The arbitrator may administer oaths and take official notice of facts as authorized by law.
f. Oral evidence shall be taken only on oath or affirmation.
g. A court reporter shall take a transcript of the hearing.
h. The arbitrator may consider the records or any relevant prior disciplinary actions against the employee which are final, and any records contained in the employee's personnel files if such records were introduced at the arbitration hearing.