Memorandum of Understanding with Unit 12 - Dpa - State of California
Memorandum of Understanding with Unit 12 - Dpa - State of California
Memorandum of Understanding with Unit 12 - Dpa - State of California
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E. “Days” means calendar days exclusive <strong>of</strong> Saturdays, Sundays and <strong>State</strong> recognizedholidays as defined in the Holidays section <strong>of</strong> this Agreement.14.3 Waiver <strong>of</strong> Time Limits/StepsA. Any level <strong>of</strong> review or any time limit established in this procedure may be waived orextended by mutual agreement <strong>of</strong> the <strong>State</strong>’s representative and IUOE’s representative.Beginning <strong>with</strong> any formal level, if the employee fails to appeal from one level to the nextlevel <strong>with</strong>in the time limits established in this grievance procedure, the grievance shall beconsidered settled on the basis <strong>of</strong> the last decision, and the grievance shall not be subjectto further appeal or reconsideration.B. If the <strong>State</strong> fails to respond to a grievance <strong>with</strong>in the time limits specified for that step, thegrievant shall have the right to appeal to the next step.14.4 PresentationAt any step <strong>of</strong> the grievance procedure the parties, by mutual agreement, may determine itdesirable to hold a grievance conference. If a grievance conference is scheduled, thegrievant or an IUOE employee representative or both may attend <strong>with</strong>out loss <strong>of</strong>compensation. All parties recognize that it is mutually beneficial to resolve disputes asinformally as possible. When informal resolution is not possible, a formal grievance may befiled.14.5 Formal Grievance - Step 1A. A formal grievance may be filed no later than fifteen (15) days after the event orcircumstances occasioning the grievance or after knowledge <strong>of</strong> same reasonably shouldhave been acquired.B. A formal grievance shall be initiated in writing on a form provided by the <strong>State</strong> and shallbe filed <strong>with</strong> a designated local manager identified by each department head as the firstformal level <strong>of</strong> appeal.C. Within twenty (20) days after the formal grievance is postmarked to the persondesignated by the department head as the first level <strong>of</strong> appeal, this designated person shallrespond in writing to the grievance.D. No agreement, interpretation or grievance settlement made at this stage <strong>of</strong> the grievanceprocedure shall be considered precedential. All interpretations and settlements shall beconsistent <strong>with</strong> the provisions <strong>of</strong> this Agreement.14.6 Formal Grievance - Step 2A. If the grievant is not satisfied <strong>with</strong> the decision rendered pursuant to Step 1, the grievantmay appeal the decision to the Director or his/her designee as the second level <strong>of</strong> appeal.This appeal must be postmarked <strong>with</strong>in ten (10) days from the postmark <strong>of</strong> the Step 1decision.B. Within fifteen (15) days after the appeal is postmarked, the Department head or designeeas the second level <strong>of</strong> appeal shall respond in writing to the grievance.89BU <strong>12</strong>(99-01)