Disciplinary Appeals. If an employee desires to appeal a disciplinary action, he/she (or the representative) shall submit a written notice of appeal. A representative of the City shall contact either the employee or his/her identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board (PERB) requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing. During the hearing the formal rules of evidence do not apply. The cost of the list of arbitrators and the arbitrator him/herself, shall be split between the City and the Association unless Association is not financially supporting the appeal by providing representation for the employee. Once the arbitrator issues his/her advisory recommendation he/she will submit it to the City Manager as well as both parties’ representatives. The arbitrator shall provide copies to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why. Within thirty five (35) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue and send his/her final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department head. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statement (if any) on the advisory arbitrator's recommendation submitted by the par...
Disciplinary Appeals. All forms of disciplinary action which are not appealable to the Civil Service Commission or the courts, except written or oral reprimands and Forms 475, shall be subject to review through Steps 3, 4, 5 and 6 of the grievance procedure.
Disciplinary Appeals. The Association may appeal the taking of disciplinary action against an employee pursuant to the steps of the Grievance Procedure, commencing at the step above the level at which the disciplinary action was taken or imposed. Disciplinary Actions appealable under this section shall be dismissal (except for probationary release or rejection, including promotional probationary rejection), demotion (except for demotion due to layoffs or reduction in force), reduction in compensation, and suspension without pay. Oral and written reprimand and evaluations shall not be appealable under this Section. Employees shall have the right to submit, within thirty (30) days after receipt, a reasonable amount of response and rebuttal material to any written reprimand and or adverse evaluation, but oral and written reprimands and adverse evaluations shall not be subject to the grievance procedure. Where the Association elects arbitration of discipline, the grievance procedure shall be the sole and exclusive means of appeal.
Disciplinary Appeals. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.
Disciplinary Appeals. All disciplinary appeals shall be conducted pursuant to the Firefighters’ Procedural Xxxx of Rights Act as set forth in California Government Code Section 3250 et seq.
Disciplinary Appeals. You may appeal against a decision made or a penalty applied under the Student Disciplinary Procedure by emailing xxxxxxx@xxxxxxxxxxx.xx.xx within 10 working days of the letter confirming the outcome. You must explain why you are appealing. An Appeals Panel will hear the appeal and consider the penalty. If you appeal against a decision of a Disciplinary Panel to withdraw you, the withdrawal will be deferred until the Appeals Panel has taken place. The Appeals Panel will write to you about the outcome. The decision of the Appeals Panel is final and there can be no further appeal within BU. If you are not satisfied following the appeals procedure, you can to complain to the Office of the Independent Adjudicator for Higher Education (the OIA). You must have completed all the stages of our procedure first, and the OIA will not look at all complaints (for more information see xxx.xxxxx.xxx.xx). 18 19 BU Student Agreement BU Student Agreement
Disciplinary Appeals. All disciplinary actions arising under this Agreement shall be resolved in accordance with the disciplinary appeal process in Personnel Management Regulation 47. Any disciplinary action subject to appeal to the Personnel Commission pursuant to PMR 47, by agreement of the parties, may be submitted to an arbitrator for him/her to make written findings and render a decision in accordance with PMR 47.9. If the parties disagree about whether a termination shall be heard by an arbitrator, within 2 business days of the disagreement, either party may request mediation. Mediation shall be scheduled within 30 days of the initial request. The request for mediation does not preclude the department from scheduling an initial hearing date before the Personnel Commission. Mediation shall not be binding. If the parties mutually agree to have the termination heard before an arbitrator, the decision of the arbitrator shall be final and binding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure. The arbitrator shall have the same limitations as listed in PMR 24.4.
Disciplinary Appeals. 1. An appeal of a suspension without pay, demotion, reduction in pay or discharge may be appealed to the City Manager. The appeal shall be presented to the City Manager within ten (10) calendar days following the employee's receipt of the Department Head's written notice of discipline pursuant to C.3 of this Article. All disciplinary appeals shall be in writing, and shall be signed by the employee or by a representative of OCEA.
Disciplinary Appeals. During the appeal meetings prior to the imposition of termination, suspension without pay, or involuntary demotion.
Disciplinary Appeals. Appeals of disciplinary action shall be submitted directly to the Safety-Service Director at Step 3 of the grievance procedure in accordance with the applicable time limitation for the filing of a Step 1 grievance. Disciplinary appeals involving letters of instruction and cautioning and written reprimands are subject to the grievance procedure, but are not eligible for arbitration.
