Factfinding. In the event mediation fails to resolve any dispute(s), either party may request the mediator to certify the issue(s) remaining in dispute to factfinding pursuant to Section 3548.1 of the EERA. In such case, LRCEA and the District shall provide the mediator their respective positions on the issue(s) in dispute, in writing, within three (3) workdays of the request for factfinding being made.
Factfinding. Prior to issuing any form of disciplinary action to an employee, the Employer shall meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action, and shall advise the employee of their right to request the presence of a Union Advocate or Union representative in the meeting. If an employee requests the presence of a Union advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating Advocate and employee are available to meet. The unavailability of a union Advocate or representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action. Suspension may be used to conduct an investigation. Investigations regarding alleged misconduct or client care issue shall be completed in no more than five (5) business days (except in the event the Employer is relying on an investigation by an outside agency per Section 8.5). Employees who are suspended may use any accrued, paid leave during their period of suspension unless offered other shifts or work by the Employer while the investigation is ongoing. Should an undue burden occur during the investigation, the time period may be extended. The Employer will put in writing to the employee why the investigation took longer than five (5) days. All hours missed while on an employer-imposed suspension shall be paid at the employee’s regular hourly wage in the event the employee is cleared of the allegation.
Factfinding. Prior to issuing any form of disciplinary action to an employee, an Employer shall attempt to meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action, and shall advise the employee of his/her right to request the presence of an advocate or Union representative in the meeting. If an employee requests the presence of an advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating advocate or Union representative and employee are available to meet. The unavailability of an advocate or Union staff representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action.
