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counsel shall utilize the Disciplinary Arbitration process set forth in Article
33.4.
(2) During the Expedited Resolution process, the employee shall be
represented by CSEA and the State shall be represented by the agency or a
designee thereof. Each party may have a maximum of two (2)
representatives present at any Expedited Resolution meeting or expedited
arbitration, exclusive of the employee.
(3) The Expedited Resolution procedure shall commence with a
mandatory meeting to be conducted by an arbitrator. Arbitrators will be
jointly selected by CSEA and the State for each of CSEA’s six (6) regions
to conduct all such meetings and, if necessary, all subsequent one (1) day
expedited arbitrations. All fees and expenses for the arbitrators will be
divided equally between CSEA and the State. CSEA and the State will
determine the number of Expedited Resolution meeting days per month,
which will be detailed in the arbitrator’s contract. Additional Expedited
Resolution meeting days may be scheduled as needed. Except in unusual
circumstances, a maximum of six (6) cases will be scheduled for each
Expedited Resolution meeting day. The Panel Administrator will schedule
all cases and issue notifications regarding the Expedited Resolution
meetings, including the date, time and location.
(4) The parties shall provide copies of all relevant documents to the
opposing party at least two weeks prior to the Expedited Resolution
meeting. At that meeting, all efforts will be made to reach a satisfactory
resolution of the matter. The arbitrator will serve as a mediator to facilitate
a discussion of the issue(s) and the pursuit of an acceptable resolution. If
necessary, the arbitrator may choose to hear testimony and review formal
evidence.
(5) The arbitrator shall have the right to decide, in order to facilitate
resolution of the matter and based on the information presented by the
parties at the Expedited Resolution meeting, whether there needs to be a
second settlement meeting to review additional information or
documentation, or to hear from additional witnesses. Before the initial
meeting is concluded, the parties shall agree as to whether the matter will
be scheduled for a second meeting.
(6) In those cases where the appointing authority is not seeking the
employee’s termination, if the matter is not settled at the Expedited
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