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first-class mail. The date of first-class mailing shall be the date the stamp
is cancelled on the mailing envelope. No other documentation or evidence
of the date of such mailing will be acceptable.
(f) Expedited Resolution
(1) If a notice of discipline has been grieved by the employee or CSEA
pursuant to Section 33.3(e), the employee must utilize the Expedited
Resolution procedure in this section unless the employee has elected to be
represented by private counsel. An employee represented by private
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
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