Signed & Sealed
In contract construction, specific terms prevail over _______ terms.
General terms
This is discovered after the disciplinary action is taken or after the investigation is concluded.
After Acquired Evidence.
This necessary mechanism is used for discovery of the union/grievant's position after a grievance has been filed.
Grievance conference or meeting.
This type of agreement is entered into to provide the employee a final opportunity to return to employment.
Last Chance Agreement.
These rules promote consistency, fairness, and predictability.
Rules of contract interpretation or construction.
This should be done if after acquired evidence is found.
Conduct a new investigation.
When responding to a CBA grievance, the employer addresses all articles of the contract alleged to have been violated; however, the employer is not ______ only to the cited articles.
Limited or confined.
(See 10 Common Rules of Contract Interpretation)
This entity has final authority for contract administration, grievance settlements and to approve all contract interpretation documents and LOUs.
OSE
See Executive Order 2002-18, II.B.12.
What does a deeper dive into a grievance require?
What is a deeper dive?
1) Review of CBA history 2) ARTs Search 3) Contact with OSE!
A likely consequence of utilizing after acquired evidence at arbitration.
What is evidence excluded and/or granting of the grievance?
Based on a violation of the employee's due process rights, regardless of the merits of the employer's case.
OSE's position on remedying grievances.
Control your own destiny.
or, if you're wrong - fix it!
As presented today, this Arbitrator said "Generally, so long as [LCAs] are 'clear, reasonable and understood' arbitrators will uphold them."
VanDagens
Arbitrators interpret contract language to avoid these results.
Unlawful, non-sensical, or unreasonable results.
As presented today, this Arbitrator said, "as a dismissal must be based on allegations presented to the Grievant at the time of dismissal and not afterwards."
Arbitrator Wolkinson.
Civil Service Rule 6-9.6(b)(1) restricts an arbitrator's ability to provide this. (two answers will accept one of two)
Relief based on a statute or on general equitable principles.
"...including the inability to provide relief based on a statute or on general equitable principles rather than relief based on a specifically enumerated contractual right."
This common phrase should never be utilized in a grievance settlement.
Make (or made) whole
Be specific on the remedy - planned ambiguity is never a good plan.