The Vendor is required to provide impartial hearing officers (IHO) services for include:
- Impartial hearing officer for step 4 grievances
• The interpretation or application of the employee benefit handbook;
• An alleged violation of the rights and privileges of an employee or group of employees;
• Any matter involving terminations, employee discipline, or workplace safety.
• Any matter involving a dispute over the location of a position or positions in any employee group, or the placement of a position in the managerial classification rather than in an employee group.
• Independent hear officers also have the authority to determine issues of substantive and procedural jurisdiction.
• If either party raises a question concerning substantive arbitrability, an IHO shall be appointed to determine the question of arbitrability unless the parties agree otherwise.
- Independent consultant for the annual review of the employee benefit handbook
• This ordinance outlines a procedure to adopt changes to the employee benefit handbook, referred to as the meet and confer process.
• The employee benefit handbook, an individual from the pool of impartial hearing officers is selected to serve as an independent consultant if an independent consultant is required.
- Impartial hearing officer procedure
• The IHO will conduct a hearing on the grievance in a manner that ensures that a record of proceedings is created and preserved.
• In grievances resulting from an employee discharge, the hearing will be scheduled within thirty (30) days of the notice of selection.
• The IHO shall have the authority to administer oaths, issue subpoenas at the request of the parties, and shall determine if a transcript of proceedings is necessary.
• The IHO may require the parties to submit documents and witness lists in advance of the hearing.
• The burden of proof at the hearing shall be the “preponderance of the evidence” standard.
• The IHO shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05 of the state statutes.
• The IHO shall give effect to the rules of privilege recognized by law.
• Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact.
• Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.
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