Page 105 - 2016-2021-ISU

seven (7) calendar days of the close of the hearing or within seven (7)

calendar days after receipt of the transcript, if either party elects a transcript

as provided in this Article, or within such other period of time as may have
been mutually agreed to by the department or agency and the grievant or

his or her representative.
(2) Arbitrations, pursuant to this Article, shall be held at an appropriate

location at the employee’s facility.
(3) Protection of Patient or Client Witnesses

(i) A patient or client witness will be protected, when giving testimony
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

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