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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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2. Employees who receive minor disciplinary actions or who are separated from<strong>State</strong> service for being absent <strong>with</strong>out leave may seek review through the grievanceprocedure contained in this article. Employees who receive major disciplinaryactions can either appeal to the <strong>State</strong> Personnel Board, or file a grievance pursuantto the terms <strong>of</strong> this article.B. GENERAL PROVISIONS1. Exclusive Procedure2. Definitionsa. The grievance procedure contained in this article shall be the exclusiveprocedure under this contract for resolving disputes regarding all minordisciplinary (adverse) actions and automatic resignations pursuant toGovernment Code Section 19996.2.b. The grievance procedure contained in this article shall be the exclusiveprocedure for resolving major disciplinary actions when employees waiveappeal to the <strong>State</strong> Personnel Board.c. Disciplinary actions resulting from a violation <strong>of</strong> any drug and/or alcohollaw, regulation, <strong>State</strong> or Department policy, or individualized employeeagreement (STIP) applicable to the affected employee, shall be appealeddirectly to arbitration or SPB.a. Disciplinary (Adverse) Action"Discipline", "disciplinary action" and "adverse action" mean punitivedismissals, demotions, suspensions, deductions in pay, or writtenreprimands.b. Major DisciplineMajor discipline is defined as dismissal, permanent demotion,suspension <strong>of</strong> more than 3 working days, a temporary demotion, ordeduction in pay <strong>of</strong> 5 percent (or one step) or greater for more thanthree months (or equivalent reduction in salary).c. Minor DisciplineMinor discipline is defined a written reprimand, suspension for 3working days or less, or reduction in pay <strong>of</strong> 5 percent (or one step) forthree months or less (or equivalent reduction in salary).92BU <strong>12</strong>(99-01)

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