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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. If the action is amended, the appointing power shall re-serve the employee<strong>with</strong> a new or amended notice <strong>of</strong> disciplinary action and all material uponwhich the new or amended action is based that was not already served onthe employee <strong>with</strong> the earlier notice. If the action is amended <strong>with</strong>in five (5)working days before commencement <strong>of</strong> proceedings before the BOA, theBOA shall at the request <strong>of</strong> the Union continue the matter until the nextappropriate date.7. Inspection <strong>of</strong> Documents & Interviews <strong>of</strong> Employees for Major Disciplinea. Inspection <strong>of</strong> DocumentsAfter an employee has filed a grievance, the employee or anauthorized representative <strong>of</strong> the employee, has the right to inspectdocuments in the possession <strong>of</strong>, or under the control <strong>of</strong>, theappointing power which are relevant to the discipline taken.b. Interviews <strong>of</strong> Employees(1) The employee, or the designated representative, shall have theright to interview other employees having knowledge <strong>of</strong> the acts oromissions upon which the adverse action was based. Interviews <strong>of</strong>other employees and inspection <strong>of</strong> documents shall be at times andplaces reasonable for the employee and for the appointing power.(2) The appointing power shall make all reasonable efforts necessaryto assure the cooperation <strong>of</strong> any other employees interviewedpursuant to this section.(3) Such interviews shall be consistent <strong>with</strong> the provisions <strong>of</strong>Government Code Section 19574.1.8. Inspection <strong>of</strong> Documents for Minor DisciplineDiscovery for minor discipline cases shall be limited, except as otherwiseprovided herein, to the production <strong>of</strong> documents as provided in GovernmentCode Section 19574.1 et seq. Such production shall be by informal processrather than formal subpoena unless otherwise required by law.9. Untimely GrievancesFailing to file (or appeal) a grievance <strong>with</strong>in the timeframes specified in thisarticle waives the employee's right to grieve pursuant to the terms <strong>of</strong> thisagreement. If an employee or his/her representative files an untimelygrievance, said grievance shall be deemed <strong>with</strong>drawn <strong>with</strong> prejudice.10. Remedy AvailableThe only remedy available as the result <strong>of</strong> grieving a disciplinary action, shallbe to sustain the action, revoke the action, or amend the penalty or action.Nothing in this section precludes an award <strong>of</strong> back pay, interest,reinstatement <strong>of</strong> lost benefits, <strong>of</strong>fsets, etc. as provided in Government CodeSection 19584, and creative remedial solutions (e.g., "last chanceagreements").94BU <strong>12</strong>(99-01)
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