Proof is in the...
The obligation to prove one's assertions.
What is the "burden of proof"?
Unlike the 7 Tests of Just Cause, where even-handedness or consistency is a factor in determining just cause, this HR function is highly individualized and requires flexibility.
What is the reasonable accommodation process?
This entity has "final authority for contract administration, grievance settlements and to approve all contract interpretation documents and Letters of Understanding".
Who is the OSE?
See Executive Order 2002-18
This shall be taken in the presence of the arbitrator and all of the parties, not submitted after the parties have rested their case.
What is evidence?
Who are all classified employees.
The evidence necessary to establish a fact or claim.
What is the "quantum of proof"?
This is at least the standard of proof the Agency must meet when a grievance challenges a disciplinary action.
What is preponderance of the evidence?
The applicable provision in this resource, must be reviewed prior to implementing a make whole award.
What is the applicable CBA provision?
Note: make whole has different meanings in different CBAs.
Arbitrator Falvo said, "like the collective bargaining process, the ________ __________ contemplates an ongoing good-faith exchange of information."
What is the interactive process?
This Civil Service regulation addresses the procedures for the appointing authority to investigate complaints of discriminatory harassment.
What is Regulation 1.03?
What is Regulation 8.01 [Standard 4.H.]?
Each request for a reasonable accommodation is reviewed ______.
What is independently?
Under this CBA the Employer pays the full cost of arbitration if the second step response is not timely received.
Who is AFSCME?
Arbitrator McCargo said the source of this person's authority appears in the disability provisions incorporated into the CBA grievance procedure.
Who is the arbitrator?
In addition to the discriminatory harassment complaint process provided for in the regulation, this procedure may be used to report unwanted discriminatory harassment.
What is the grievance procedure?
Where two events exist simultaneously, but their relationship may be due to a third variable.
What is correlation?
In a disciplinary grievance procedure, demonstrating this is used to establish the fact(s).
What is just cause?
An alternative accommodation has to be.
What is effective?
These are the three components that should be contained within your brief.
What is the introduction, the main body and closing?
This should be done before appending prior arbitration decisions to your brief.
What is read the entire case?
Where one event is directly responsible for another event.
In contract construction (interpretation), this overrules the "general."
What is specific?
This CBA does not require a meeting for a contract interpretation grievance.
What is MSEA?
This part of a brief is often viewed by arbitrators as the most important part.
What is the Statement of Facts?
This entity is responsible for providing each manager and supervisor on techniques and procedures for recognizing and remedying discriminatory harassment.
Who is the appointing authority?