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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14.9 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 <strong>of</strong> theprovisions <strong>of</strong> this Agreement may be appealed to binding arbitration.B. If the grievance is not resolved at the BOA level, <strong>with</strong>in 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 as<strong>of</strong> the postmark date on the BOA’s decision to the parties.C. If no agreement is reached on the selection <strong>of</strong> an arbitrator <strong>with</strong>in thirty (30) days, theparties shall, immediately and jointly, request the <strong>State</strong> Mediation and Conciliation Serviceto submit to them a list <strong>of</strong> seven (7) arbitrators from which the <strong>State</strong> and IUOE shallalternately strike names until one name remains and this person shall be the arbitrator.D. The cost <strong>of</strong> arbitration shall be borne equally between the parties.E. An arbitrator may, upon request <strong>of</strong> IUOE and the <strong>State</strong>, issue his/her decision, opinion oraward orally upon submission <strong>of</strong> 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 <strong>of</strong> 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 <strong>with</strong> a higher level <strong>of</strong> management or <strong>with</strong> adepartmental safety <strong>of</strong>ficer) and either direct the employee to temporarily perform someother task or proclaim the situation safe and direct the employee to proceed <strong>with</strong> 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 <strong>with</strong>in 10 days at level 1 and <strong>with</strong>in 5 days at level 2.B. If the grievance is not resolved at the department level <strong>of</strong> appeal, IUOE shall have theright to submit the grievance to binding arbitration in accordance <strong>with</strong> the provisionsarticulated above.ARTICLE 15 - DISCIPLINEA. INTRODUCTION1. With the exception <strong>of</strong> 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 review<strong>of</strong> disciplinary actions and automatic resignation pursuant to Government CodeSection 19996.2.91BU <strong>12</strong>(99-01)