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


                                                               91
   87   88   89   90   91   92   93   94   95   96   97