Page 92 - 2016-2021-ASU
P. 92
(30) days of the ruling. The arbitrator shall proceed immediately with the
arbitration hearing on those charges in the notice of discipline where no
specificity is required. If the State does not provide such specificity as
required by the arbitrator within thirty (30) days, the arbitrator shall dismiss
those non-specific charges only, with prejudice, and resolve the remaining
charges, if any, contained in the notice. In order for such a motion to be
made at the hearing, the employee or his or her representative must have
made a request of the employer before the hearing to provide such
specificity of the notice and the employer must have failed to do so.
(3) Two copies of the notice shall be served on the employee. Service
of the notice of discipline shall be made by personal service, if possible. If
service cannot be effectuated by personal service, it shall be made by
registered or certified mail, return receipt requested.
(4) The Arbitration Administrator of CSEA and the CSEA Local
President shall be immediately advised by email, where available, and by
regular first-class mail, of the name and work site of an employee on whom
a notice of discipline has been served.
(5) The notice of discipline served on the employee shall be
accompanied by a written statement that:
• the employee has a right to object by filing a grievance within
twenty-one (21) days;
• the grievance procedure provides for a hearing by an independent
arbitrator as its final step;
• he or she is entitled to representation by CSEA at every step of the
proceeding, or by private counsel selected at his or her own expense;
• if a grievance is filed, no penalty can be implemented until the
matter is settled or the arbitrator renders a determination;
• a copy of this Article shall be supplied.
(6) In the case of an employee who speaks only Spanish, this written
statement shall also be given in a Spanish translation.
(7) If an employee is not able to personally sign and file a disciplinary
grievance, CSEA may, at the employee’s request, submit such grievance
on the employee’s behalf. Provided, however, that within twenty-one (21)
days of submission, the employee in question must appear to sign the
grievance form or CSEA must produce documentation supporting any
reason as to why the employee could not appear. Should neither of these
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