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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14.7 Formal Grievance - Step 3A. Only those grievances that involve the interpretation, application or enforcement <strong>of</strong> theprovisions <strong>of</strong> this Agreement may be appealed to the Department <strong>of</strong> PersonnelAdministration. For all other grievances, the Departmental Director or his/her designee isthe final level <strong>of</strong> review.B. If the grievant is not satisfied <strong>with</strong> the decision rendered at Step 2 the IUOE may appealthe decision to the Director <strong>of</strong> the Department <strong>of</strong> Personnel Administration or designee.This appeal must be postmarked <strong>with</strong>in ten (10) days from the postmark <strong>of</strong> the Step 2decision.C. Within fifteen (15) days after the appeal, the Director <strong>of</strong> the Department <strong>of</strong> PersonnelAdministration or designee shall respond in writing to the grievance. Decisions issued bythe Director <strong>of</strong> the Department <strong>of</strong> Personnel Administration or his/her designee areconsidered precedential.14.8 Board <strong>of</strong> AdjustmentA. If IUOE is not satisfied <strong>with</strong> the decision rendered at Step 3 (Department <strong>of</strong> PersonnelAdministration), IUOE may appeal the decision for consideration by a Board <strong>of</strong> Adjustment(BOA). The appeal must be sent to the Department <strong>of</strong> Personnel Administration and theIUOE Central Office postmarked <strong>with</strong>in ten (10) days from the postmark <strong>of</strong> the Step 3 leveldecision. Within 10 days the parties shall appoint a BOA.B. The BOA shall be comprised <strong>of</strong> two (2) representatives designated by IUOE and two (2)representatives designated by the Department <strong>of</strong> Personnel Administration.C. The Board <strong>of</strong> 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 <strong>of</strong> theappeal shall be the exclusive purview <strong>of</strong> 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 <strong>with</strong>in threebusiness days.E. Any decision adopted by the majority (3 or more votes) <strong>of</strong> 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 arbitration<strong>with</strong>in 15 days consistent <strong>with</strong> the terms <strong>of</strong> this article. Only grievances that involve theinterpretation, application or enforcement <strong>of</strong> the express terms <strong>of</strong> this agreement may beappealed to binding arbitration.G. Twelve months after the inception <strong>of</strong> the BOA, the parties shall evaluate the success <strong>of</strong>this process (Board <strong>of</strong> 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 <strong>with</strong>out the BOA step.90BU <strong>12</strong>(99-01)