Common use of Minor Discipline Clause in Contracts

Minor Discipline. In the event that the Court imposes disciplinary action consisting of a suspension without pay of five days or less or written reprimand, the affected employee may appeal such discipline in the manner set forth in this section. Within ten (10) calendar days of the date an employee receives a written reprimand, they may submit a written response to the reprimand, which will be maintained in the employee’s personnel file along with the reprimand. Within ten (10) working days of the date the employee received the disciplinary notice, the employee may file a written appeal with their department head. Within five (5) working days the department head shall schedule a meeting with the employee and, where applicable, their representative, to discuss the appeal. Within ten (10) working days after that meeting, or such longer period as the department head may determine is required to investigate the matter, the department head shall provide the employee with a written response to the appeal. A. If the issue of minor discipline is not resolved at Step 1, within twenty (20) working days after receipt of the first level response, the Union shall have the right to submit the appeal to the Court to initiate review by an independent arbitrator. If the appeal is not submitted to the Court within twenty (20) working days after receipt of the first level response, the appeal shall be considered withdrawn. B. Within five (5) working days after the notice requesting third party review has been submitted to the Court, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If, at this meeting, the parties are unable mutually to select an arbitrator, they shall request a list of seven experienced labor arbitrators from the State Mediation and Conciliation Service, from which the parties shall alternately strike names until one name remains and this person shall be the arbitrator. C. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the Union and the Court. D. An arbitrator may, upon request of the Union and the Court, issue their decision orally upon submission of the arbitration. Either party may request that the arbitrator put their decision in writing and that a copy be provided. E. The arbitrator shall not have the power to add to, subtract from, or modify any written Court rule or policy or any Court practice. However, if the arbitrator in their discretion finds it necessary to interpret or apply the rule, policy or practice in order to make a determination, they may do so. In all arbitration cases involving an appeal of minor discipline as defined in Section 11.2 of this MOU, the decision of the arbitrator shall not be binding upon the parties. F. Upon review of the decision of the arbitrator, the Court Executive Officer or designee shall respond in writing to the Union, either affirming or altering the decision reached. In situations involving minor discipline, the CEO’s decision at this point in the procedure is final. In the event the Court Executive Officer modifies or sets aside the decision of the arbitrator, the Court shall pay all costs of the arbitration. The Court Executive Officer will provide a written explanation to the Union as to their rationale for their decision.