Page 102 - 2016-2021-ASU

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

for that purpose. If the employee requests representation and the CSEA or
employee fails to provide a representative within a reasonable time, the
settlement may be executed. An arbitrator pursuant to Article 34 shall have

the power to find that a delay in providing a representative may have been

unreasonable. A settlement entered into by the employee, his or her private
counsel or CSEA shall be final and binding on all parties. The Arbitration

Administrator of CSEA and the CSEA Local President shall be advised of
the settlement in writing by first-class mail or email.

(2) Offers of compromise or any attempt at settlement prior to the
arbitration, shall not be introduced at the arbitration hearing or accepted as

evidence by the arbitrator.

101