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13 224195v1 <br />1. The issues involved. <br />2. Statement of facts. <br />3. Position of the grievant. <br /> <br /> 16.055 Hearing: The grievance shall be heard by a single arbitrator and both parties may be <br />represented by such person or persons as they may choose and designate, and the parties shall have <br />the right to a hearing at which time both parties will have the opportunity to submit evidence, offer <br />testimony, and make oral and written arguments relating to the issues before the arbitrator. The <br />proceeding before the arbitrator shall be a hearing de novo. <br /> <br /> 16.056 Decisions: The decision by the arbitrator shall be rendered within thirty (30) business <br />days after the close of the hearing. Decision by the arbitrator in cases properly before him/her shall <br />be final and binding upon the parties, subject however, to the limitations of arbitration decisions as <br />provided by the PELRA. <br />16.057 Expenses: Each party shall bear its own expenses in connection with arbitration, including <br />expenses relating to the party's representatives, witnesses, and any other expenses which the party <br />incurs in connection with presenting its case in arbitration. A transcript or recording shall be made <br />of the hearing at the request of either party and the cost shall be borne by the requesting party or, if <br />the request is mutual, the cost shall be shared. The parties shall share equally fees and expenses of <br />the arbitrator and any other expenses which the parties mutually agree are necessary for the conduct <br />of the arbitration, provided that each party shall be responsible for compensating its own <br />representatives and witnesses. <br /> 16.058 Jurisdiction: The arbitrator shall have jurisdiction over disputes or disagreements relating <br />to grievances properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of <br />the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined <br />herein and contained in this written Agreement; nor shall an arbitrator have jurisdiction over any <br />grievance which has not been submitted to arbitration in compliance with the terms of the grievance <br />and arbitration procedure as outlined herein. <br /> <br />16.06 Waiver: If a grievance is not presented in the manner and within the time limits set forth above, it shall <br />be considered waived. If a grievance is not appealed to the next step in the manner and within the specific time limit <br />set forth above, it shall be considered settled on the basis of the Employer's last offer. Employer will act in good <br />faith to answer a grievance within the time limits set forth above. If the Employer does not answer a grievance within <br />the time limits set forth above, it is deemed denied. <br /> <br />ARTICLE 17 <br />DISCIPLINE <br /> <br />17.01. Progressive Discipline: <br /> <br /> 17.011 The Employer will discipline non-probationary Employees for just cause only. Discipline <br />will be in one (1) or more of the following forms: <br />A. Oral reprimand <br />B. Written reprimand <br />C. Suspension <br />D. Demotion, or <br />E. Discharge <br /> <br /> 17.012 Written reprimands, notices of suspensions, notices of demotion and notices of discharge <br />which are to become part of an Employee's personnel file will be read and acknowledged by signature <br />of the Employee. Employee and the Union will receive a copy of such reprimands and/or notices. After <br />24 months written reprimands will be removed from the Employee's personnel file. <br /> <br /> 17.013 Employees may examine their own individual personnel files once every six months in <br />accordance with the data practice act. <br /> <br /> 17.014 Employees will not be questioned concerning an investigation of disciplinary action unless