Memorandum of Understanding with Unit 12 - Dpa - State of California

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14.7 Formal Grievance - Step 3A. Only those grievances that involve the interpretation, application or enforcement of theprovisions of this Agreement may be appealed to the Department of PersonnelAdministration. For all other grievances, the Departmental Director or his/her designee isthe final level of review.B. If the grievant is not satisfied with the decision rendered at Step 2 the IUOE may appealthe decision to the Director of the Department of Personnel Administration or designee.This appeal must be postmarked within ten (10) days from the postmark of the Step 2decision.C. Within fifteen (15) days after the appeal, the Director of the Department of PersonnelAdministration or designee shall respond in writing to the grievance. Decisions issued bythe Director of the Department of Personnel Administration or his/her designee areconsidered precedential.14.8 Board of AdjustmentA. If IUOE is not satisfied with the decision rendered at Step 3 (Department of PersonnelAdministration), IUOE may appeal the decision for consideration by a Board of Adjustment(BOA). The appeal must be sent to the Department of Personnel Administration and theIUOE Central Office postmarked within ten (10) days from the postmark of the Step 3 leveldecision. Within 10 days the parties shall appoint a BOA.B. The BOA shall be comprised of two (2) representatives designated by IUOE and two (2)representatives designated by the Department of Personnel Administration.C. The Board of Adjustment shall have the authority to deny the appeal, grant the remedyrequested in whole or in part, or issue a remedy as deemed appropriate by the BOA. TheBOA shall not have the power to add to, subtract from or modify this contract.D. The Board shall meet as mutually agreed by the designated members on a schedule thatassures that appeals are considered on a timely basis. Procedures for the conduct of theappeal shall be the exclusive purview of the Board and may differ from case to case.Discussions and decisions shall be conducted in executive session. Once a decision isreached, the Board’s decision shall be conveyed in writing to both parties within threebusiness days.E. Any decision adopted by the majority (3 or more votes) of the Board shall be final andbinding upon the parties.F. In the event the Board deadlocks (2 to 2 vote), IUOE may appeal the matter to arbitrationwithin 15 days consistent with the terms of this article. Only grievances that involve theinterpretation, application or enforcement of the express terms of this agreement may beappealed to binding arbitration.G. Twelve months after the inception of the BOA, the parties shall evaluate the success ofthis process (Board of Adjustment) in resolving contractual disputes and shall mutuallydetermine if the process should continue, be revised, or abolished. Upon evaluation, ifeither party determines that it is not beneficial to continue the BOA, the BOA shall bediscontinued and the parties shall continue to resolve grievances through the negotiatedgrievance and arbitration procedure without the BOA step.90BU 12(99-01)
14.9 ReconsiderationBy mutual agreement, the grievance may revert to a prior level for reconsideration.14.10 ArbitrationA. Only grievances that involve the interpretation, application or enforcement of theprovisions of this Agreement may be appealed to binding arbitration.B. If the grievance is not resolved at the BOA level, within fifteen (15) days after the BOAdetermines that a deadlock exists and has so informed the parties in writing, IUOE shallhave the right to submit the grievance to arbitration. The 15-day time frame shall begin asof the postmark date on the BOA’s decision to the parties.C. If no agreement is reached on the selection of an arbitrator within thirty (30) days, theparties shall, immediately and jointly, request the State Mediation and Conciliation Serviceto submit to them a list of seven (7) arbitrators from which the State and IUOE shallalternately strike names until one name remains and this person shall be the arbitrator.D. The cost of arbitration shall be borne equally between the parties.E. An arbitrator may, upon request of IUOE and the State, issue his/her decision, opinion oraward orally upon submission of the arbitration. Either party may request that the arbitratorput his/her decision, opinion or award in writing and that a copy be provided to the parties.F. The arbitrator shall not have the power to add to, subtract from or modify this contract. Inall arbitration cases, the award of the arbitrator shall be final and binding upon the parties.14.11 Health and Safety GrievancesA. When an employee or IUOE in good faith believes that the employee is being required towork where a clear and present danger exists, the supervisor will be so notified. Thesupervisor will immediately investigate the situation (unless circumstances do not permit,the supervisor will endeavor to check with a higher level of management or with adepartmental safety officer) and either direct the employee to temporarily perform someother task or proclaim the situation safe and direct the employee to proceed with assignedduties. If IUOE or the employee still believes the unsafe conditions exist, IUOE or theemployee may file a formal grievance. For health and safety grievances, the employer willrespond within 10 days at level 1 and within 5 days at level 2.B. If the grievance is not resolved at the department level of appeal, IUOE shall have theright to submit the grievance to binding arbitration in accordance with the provisionsarticulated above.ARTICLE 15 - DISCIPLINEA. INTRODUCTION1. With the exception of disciplinary actions resulting from drug and alcoholviolations as stated below in B1a, this article sets forth terms pertaining todisciplinary actions, and the exclusive procedures that shall be used to seek reviewof disciplinary actions and automatic resignation pursuant to Government CodeSection 19996.2.91BU 12(99-01)
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AGREEMENTbetweenSTATE OF CALIFORNIA
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4.7 SAFETY AWARENESS PROGRAM - CALT
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16.7 PERFORMANCE APPRAISAL OF PERMA
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ARTICLE 1 - RECOGNITIONA. This Memo
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Range H90 Percent2.5 Merit Salary A
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4. By implementing the provisions o
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B. Effective January 1, 1991, the S
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C. The differential will cease bein
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Caltrans Heavy Equipment MechanicSe
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B. Full-time Unit 12 employees who
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1. Possession of a current valid un
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B. Health Benefits(3) The State sha
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a. From July 1, 1999 to July 31, 19
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CREDITED YEARSSERVICEPERCENTAGE OF
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2. As to any employee who enters st
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H. The Union further acknowledges t
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3.8 Employee Injury on the JobA. In
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F. If an employee refuses to return
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C. In the event of a dispute regard
Page 39 and 40: 4.5 Restroom FacilitiesA. The State
Page 41 and 42: 4.10 Safety Incentive Award Program
Page 43 and 44: B. The Department of Youth Authorit
Page 45 and 46: 5.5 Use of State Phones/FaxesA. IUO
Page 47 and 48: E. Home Address Mailings By The Sta
Page 49 and 50: C. Any employer-initiated workweek
Page 51 and 52: B. Overtime work will be assigned t
Page 53 and 54: 7.11 DGS - Telecommunications Stand
Page 55 and 56: 2. Overtime shall be distributed as
Page 57 and 58: ARTICLE 9 - HOLIDAYS7. The Departme
Page 59 and 60: An employee who returns to State se
Page 61 and 62: F. Sick leave may be accumulated wi
Page 63 and 64: 10.5 Parental LeaveA. A female perm
Page 65 and 66: G. Donations shall be made on a for
Page 67 and 68: 2. Have committed to mentor a child
Page 69 and 70: C. An unpaid leave of absence may b
Page 71 and 72: B. The legislative language would a
Page 73 and 74: 6. "Wages". The term "wages" shall
Page 75 and 76: 11.7 1959 Survivor’s Benefits (fi
Page 77 and 78: a. On the fractional day of travel
Page 79 and 80: a. Reimbursement for actual individ
Page 81 and 82: 5. Reimbursement will be claimed on
Page 83 and 84: 3. The second medical certification
Page 85 and 86: D. The tool allowance for all class
Page 87 and 88: B. Employees working in areas serve
Page 89: E. “Days” means calendar days e
Page 93 and 94: d. Absence Without LeaveAbsence wit
Page 95 and 96: C. INFORMAL (SKELLY) GRIEVANCE MEET
Page 97 and 98: 4. Arbitration(7) One Board member
Page 99 and 100: 2. Board of Adjustment (BOA)F. SETT
Page 101 and 102: G. Heavy Equipment Mechanics in CDF
Page 103 and 104: B. Release time will include necess
Page 105 and 106: E. Employees being reassigned under
Page 107 and 108: C. If IUOE requests in writing with
Page 109 and 110: A permanent intermittent employee i
Page 111 and 112: ARTICLE 20 - GENERAL PROVISIONS20.1
Page 113 and 114: 20.10 ChildcareA. It is the policy
Page 115 and 116: 5. Uniforms, Work Clothes, and Safe
Page 117 and 118: 17. Involuntary Transfers19841. Pro
Page 119 and 120: E. Any agreement resulting from suc
Page 121 and 122: ADDENDUM 2 - Telecommunications Tec
Page 123 and 124: F. ACCESSIBILITY(1) Seek volunteers
Page 125 and 126: I. COMPENSATION1. Once an employee
Page 127 and 128: Salary Schedule127BU 12(99-01)
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Memorandum of Understanding with Unit 12 - Dpa - State of California

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