Page 103 - 2016-2021-OSU

in a disciplinary arbitration hearing, by shielding the employee from view,

in one of the following ways:

use of a portable screen or partition consisting of one-way glass; or
use of a closed circuit television in a live transmission with the employee

in a separate room and the arbitrator, the representatives and the witness(es)
in another room; or

use of a one-way mirrored room with the employee in a separate room
with the ability to view and hear the proceedings.

A patient or client witness will be shielded in one of the described ways
when a certified or licensed professional determines that there is a need for

such protection for the patient or client witness. A determination that there
is a need for such protection is not subject to review.

(ii) Additionally, where the employee is in a separate room during the
arbitration hearing, a method of communication will be provided for the

employee to communicate with his or her representative.
(d) Recording/Transcript

(1) Unless both parties agree, the proceedings in disciplinary
arbitrations should not be tape recorded. The use of transcripts is to be

discouraged and the fact that a transcript is made should not extend the date
the hearing is closed. The party ordering the transcript shall obtain and pay

for an expedited or rush transcript.
(2) Either party wishing a transcript at a disciplinary arbitration hearing

may provide for one at its own expense and shall provide a copy to the
arbitrator and the other party.

(e) Ex Parte Hearing

The arbitrator may hold ex parte hearings in cases where an employee
fails to attend the hearing after being served with a notice of discipline
pursuant to this Article, and has not notified the arbitrator in advance or

produced a satisfactory reason for his or her failure to appear.

(f) Settlement
(1) A disciplinary matter may be settled at any time following service

of the notice of discipline. The terms of the settlement shall be agreed to
in writing. An employee before executing such a settlement shall be

notified of his or her right to have a CSEA representative or private counsel
provided at his or her own expense present or to decline such representation

and, if such representation is requested, to have a reasonable period of time

102