Common use of Disciplinary Action and Appeal Clause in Contracts

Disciplinary Action and Appeal. After hearing the response of the employee, the Department Director may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee shall have ten (10) days to appeal this matter to the City Manager. The City Manager shall investigate the matter, conduct an informal hearing if the City Manager deems it appropriate and, within ten (10) days thereafter, respond to the allegations in writing. For pre-termination disciplinary action of suspension and reduction in pay, the decision of the City Manager shall be final and binding. For disciplinary demotions and discharges only, if this matter remains unresolved, the WCE may, by written notice to the Human Resources Director within ten (10) days after the receipt of the City Manager’s response, inform the City that the WCE wishes to appeal the decision to demotion or discharge to final and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Mediation and Conciliation Service containing nine (9) names. The selection process will include a review of the arbitrator’s availability for the hearing. Each party shall then alternately strike a name until only one (1) name remains, said person to be the arbitrator. The order of striking shall be determined by the flip of a coin. As used herein, the word “days” shall be deemed to mean City established working days for non-safety employees.