Common use of Right to a Hearing Clause in Contracts

Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 23.4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the chief human resources officer using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 23.4.124.4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the chief human resources officer Xxxx of Human Resources using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question.

Appears in 1 contract

Samples: nvcsharepoint.napavalley.edu

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Right to a Hearing. If the Xxxxxx Officer determines that disciplinary action will be taken, the regular classified employee against whom a disciplinary action is initiated by the District shall be given written notice as specified in Article 23.4.1. Such notice shall contain a statement of the right to a hearing and a form the employee shall use to request a hearing. The hearing may only be requested within ten (10) working days after the employee receives the written determination of the Xxxxxx Officer. The request for hearing shall be written and filed with the chief human resources officer Executive Director of Human Resources using the appropriate form and shall constitute a demand for a hearing and contain a full or partial denial of the charges. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing at which time the proposed discipline may be imposed. The hearing shall be scheduled with an Adjustment Board which shall be comprised of a mediator from the State Mediation and Conciliation Service, one (1) Union representative and one (1) representative of the District. The mediator shall be selected by mutual agreement from the State Mediation and Conciliation Service. The Adjustment Board will be convened within ninety (90) work days of receipt of the timely request for an Adjustment Board Hearing. The Adjustment Board shall set the matter for hearing and give the employee at least five (5) days written notice of the date and place of such hearing. The recommendation of the Adjustment Board shall be advisory only. The Adjustment Board shall not issue any public statement of fact or opinion on the matter in question.

Appears in 1 contract

Samples: Bargaining Agreement

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