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

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)