Common use of Disciplinary Action and Appeal Clause in Contracts

Disciplinary Action and Appeal. After hearing the response of the employee, the General Manager may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee may notify the Agency within ten (10) days to appeal the matter to Arbitration. The matter shall then proceed in accordance with the Arbitration process below: The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator's availability for the hearing. Each party shall then alternatively 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. The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within sixty (60) calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and they may call, recall, and examine witnesses as they deems proper. The burden of proof shall be upon the Agency in disciplinary/discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the Agency, the Union, and any employee(s) involved in the grievance or disciplinary matter. The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of the MOU. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary/discharge matters whether the Agency allegations are accurate and the appropriateness of the disciplinary penalty. The fees and expenses of the arbitrator shall be shared equally by the Union and the Agency. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then, the costs will be shared equally.

Disciplinary Action and Appeal. After hearing the response of the employee, employee the General Manager may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee may notify the Agency within ten (10) days to appeal the matter to Arbitration. The matter shall then proceed in accordance with the the' Arbitration process below: The parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a list from the State Conciliation Service of nine (9) names. The selection process will include a review of the arbitrator's availability for the hearing. Each party shall then alternatively 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. The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by the parties. The hearing should be held within sixty (60) 60 calendar days of the selection of the arbitrator. The hearing shall be informal and need not be conducted according to technical rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural matters, and they he/she may call, recall, recall and examine witnesses as they he/she deems proper. The burden of proof shall be upon the Agency in disciplinary/discharge matters. After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon the Agency, the Union, Union and any employee(s) involved in the grievance or disciplinary matter. The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any provision of the MOU. The arbitrator shall only determine whether a grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or in the case of disciplinary/discharge matters whether the Agency allegations are accurate and the appropriateness of the disciplinary penalty. The fees and expenses of the arbitrator shall be shared equally by the Union and the Agency. All other expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be borne by the requesting party unless there is a mutual agreement to share the cost or unless the arbitrator so requests. Then, the costs will be shared equally.