Appeals of Demotion or Discharge (Special Procedure Clause Samples

The 'Appeals of Demotion or Discharge (Special Procedure)' clause establishes a formal process for employees to challenge decisions involving their demotion or termination. Typically, this clause outlines specific steps such as submitting a written appeal, participating in a hearing, and possibly involving a neutral third party or panel to review the case. By providing a structured avenue for employees to contest adverse employment actions, the clause ensures fairness and transparency, helping to prevent arbitrary or unjustified personnel decisions.
Appeals of Demotion or Discharge (Special Procedure. An employee who has been served written charges for discharge or demotion and who wishes to challenge that action may elect either: a) to follow the procedures for review specified in the Rules and Regulations of the State Universities Civil Services System, Chapter VI, Section 250.110 (e)(1) through (7) – Discharge, or (f)(1) through (3) – Demotion, or; b) submit a written request that is signed by a Union official to the Director of Labor and Employee Relations, within fifteen (15) calendar days after being served with the written charges by the University, seeking to have the matter referred to arbitration. An arbitrator will thereafter be selected in accordance with the procedures set forth within Article 9, Section 4(a). The University will notify the employee of these two (2) options at the time the written charges are served. An election by an employee to follow the procedures specified in the Rules and Regulations of the State Universities Civil Service System effectively waives any rights that either the employee or the Union have to challenge the discharge or emotion through the grievance procedures set forth in Article 9 of this Agreement. The law provides, and the parties agree, that any appeal rights from a Merit Board decision are prescribed by the Illinois Administrative Review Act.
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Appeals of Demotion or Discharge (Special Procedure. An employee who has been served written charges for discharge or demotion by the University may challenge that action by either: a) filing a written request for a hearing before the Merit Board within fifteen (15) calendar days after being served with written charges for discharge as set forth in the Statute and Rules for the State Universities Civil Service System, or b) submitting a written request for arbitration that is signed by a Union official to the Director of Labor and Employee Relations – Staff Human Resources within fifteen (15) calendar days after being served with the written charges as set forth in this Agreement. The University will advise the employee in writing of these two (2) options and the need to select which option, if any, the employee wants to pursue when serving the written charges on the employee. In the event that both the Merit Board and the University are notified of an appeal, the employee must pick one. However, the employee will be restricted to whatever option is selected as of the end of that fifteen (15) day period and will be limited to whatever remedies may be offered through that forum.
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Appeals of Demotion or Discharge (Special Procedure. An employee who has been served written charges for discharge or demotion by the University may challenge that action by either: a) filing a written request for a hearing before the Merit Board within fifteen (15) calendar days after being served with written charges for discharge as set forth in the Statute and Rules for the State Universities Civil Service System, or b) submitting a written request for arbitration that is signed by a Union official to the Director of Labor and Employee Relations – Illinois Human Resources within fifteen
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Appeals of Demotion or Discharge (Special Procedure. An employee who has been served written charges for discharge or demotion and who wishes to challenge such action may elect to either: 1. Follow the procedures for review specified in the Statute and Rules of the State Universities Civil Service System, Ch. VI, Sec. 250.110(f) or; 2. File a grievance that appeals such action to arbitration by notifying the Associate ▇▇▇▇▇▇▇ for Human Resources of a desire to arbitrate in writing within fifteen (15) calendar days after the serving of the written charges by the University. Such appeal to arbitration must be filed by an officer or ▇▇▇▇▇▇▇ of the Union. Thereafter the Union may submit the appeal to an arbitrator who is selected as set forth in Section 5(a) of this Article, below. The University will notify the employee of these two (2) options at the time the written charges are served. If the employee elects to follow the procedures specified in the Statute and Rules of the State Universities Civil Service System, such action shall effectively waive any rights that either the employee or the Union might otherwise have to use the grievance procedure set forth in this Article to challenge or appeal the discharge or demotion. The law provides, and the parties agree, that the Illinois Administrative Review Act prescribes the employee’s rights to appeal a Merit Board decision. Arbitrations that are conducted pursuant to this special procedure shall be subject to all provisions of Section 5 of this Article, as set forth below.
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Appeals of Demotion or Discharge (Special Procedure. An employee who has been served written charges for discharge or demotion and who wishes to challenge such action may elect either: 1. To follow the procedures for review specified in the Rules and Regulations of the State Universities Civil Service System, Ch. VI, Sec. 250.110(e) through (7) or; 2. To file a grievance which appeals such action to arbitration by notifying the University Associate Vice President for Administration and Human Resources of a desire to do so, in writing, within fifteen (15) calendar days after the serving of the written charges by the Employer. Such appeal must be signed by an officer of the Union. Thereafter, the Union may submit the appeal to an arbitrator who is selected as set forth in Section 5(a) below. The Employer will notify the employee of these two (2) options at the time the written charges are served. If the employee elects to follow the procedures specified in the Rules and Regulations of the State Universities Civil Service System, such action shall effectively waive any rights which either the employee or the Union might otherwise have to use the grievance procedures set forth in this ARTICLE XII of this collective bargaining agreement with respect to the said discharge or demotion. The law provides, and the parties have agreed, that appellate rights from a Merit Board decision are those prescribed in the Illinois Administrative Review Act. All provisions of Section 5 of this Article (below) apply to arbitrations which are conducted pursuant to this special procedure.
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Appeals of Demotion or Discharge (Special Procedure. An employee who has been served written charges for discharge or demotion by the University may challenge that action by either: a) filing a written request for a hearing before the Merit Board within fifteen (15) calendar days after being served with written charges for discharge as set forth in the Statute and Rules for the State Universities Civil Service System, or b) submitting a written request for arbitration that is signed by a Union official to the Director of Labor and Employee Relations – Staff Human Resources within fifteen (15) calendar days after being served with the written charges as set forth in this Agreement. The University will advise the employee in writing of these two (2) options and the need to select which option, if any, the employee wants to pursue when serving the written charges on the employee. In the event that both the Merit Board and the University are notified of an appeal, the employee must pick one. However, the employee will be restricted to whatever option is selected as of the end of that fifteen (15) day period and will be limited to whatever remedies may be offered through that forum. a) When the Director of Labor and Employee Relations – Staff Human Resources receives a written request for Arbitration then a joint request executed by the Employer and the Union will be submitted to the Federal Mediation and Conciliation Service. This joint request will be for a panel of seven (7) arbitrators. The Arbitrator will be selected from this panel within fifteen (15) calendar days. The Employer and the Union shall alternately strike six (6) of the seven (7) names provided that each party retains the right to reject one (1) panel in its entirety prior to the first strike. The remaining name shall serve as Arbitrator. b) If the Arbitrator is unavailable or declines to serve, the foregoing procedure shall be repeated. c) Cost of arbitration, including the fee of the Arbitrator, shall be equally divided between the Employer and the Union, except that each party will be responsible for expenses incurred for presentation of its own case. Costs incurred for the services of a court reporter and production of a transcript will also be equally divided between the Employer and the Union; however, refusal by either party to share these costs shall prohibit that party from obtaining any transcript of the Arbitration Hearing. d) The Arbitrator shall have no authority to add to, delete from, or modify the terms of this Agreement. The dec...
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Related to Appeals of Demotion or Discharge (Special Procedure

  • Discharge Procedure An employee who has completed the probationary period may be dismissed, but only for just cause, and only upon the authority of the Employer. The immediate Manager may suspend an employee but shall immediately report such action to the Executive Director. When an employee is discharged or suspended, the employee shall be given the reason in the presence of the ▇▇▇▇▇▇▇. Such employee and the Union shall be advised promptly in writing by the Employer of the reason for such discharge or suspension.

  • Unjust Suspension or Discharge Should it be found upon investigation that an employee has been unjustly suspended, discharged or disciplined, such employee shall be immediately reinstated in his/her former position, without loss of seniority, and shall be compensated for all time lost in an amount equal to his/her normal earnings plus interest, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such arbitrator.