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Resolution meeting and the arbitrator believes that no additional
information, documentation or witness testimony is necessary, the
arbitrator shall issue a short, written decision and award no later than seven
(7) calendar days following the meeting.
(7) If the matter still cannot be settled or decided by the arbitrator
without either additional evidence or testimony, the arbitrator may conduct
a one (1) day expedited arbitration hearing. Before the Expedited
Resolution settlement meeting is concluded, the parties and the arbitrator
shall agree on the issue and the witnesses to be presented at the expedited
arbitration. After the conclusion of the expedited arbitration, the arbitrator
shall issue a short, written decision and award within fourteen (14) calendar
days.
(8) In those cases where the appointing authority is seeking the
employee’s termination and the matter is not settled at the Expedited
Resolution meeting, the employee may request a one (1) day expedited
arbitration hearing to be held before the same arbitrator or, in the
alternative, the employee may request arbitration pursuant to Section 33.4
- Disciplinary Arbitration and the arbitrator shall so inform the Panel
Administrator, who shall schedule the case for arbitration pursuant to
Section 33.4. If the employee is also suspended or temporarily reassigned
pursuant to Article 33.3(j), the Panel Administrator shall give the case
priority in assignment and shall forthwith set the matter down for hearing
to be held within thirty (30) days.
(9) Should the arbitrator believe that a disciplinary matter cannot be
presented at an expedited arbitration within one (1) day, the arbitrator shall
have the authority to refer the case back to the Panel Administrator for
arbitration pursuant to Section 33.4.
(g) Withdrawal/Amendment
The agency or department head or his or her designee has full authority,
at any time before or after the notice of discipline is served by an appointing
authority or his or her designee, to review such notice and the proposed
penalty and to take such action as he or she deems appropriate under the
circumstances in accordance with this Article including, but not limited to,
determining whether a notice should be issued, amendment of the notice
no later than 15 days prior to first Expedited Resolution Meeting or 15 days
prior to the disciplinary arbitration hearing provided for in Section 33.4 –
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