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

C. INFORMAL (SKELLY) GRIEVANCE MEETING1. Employees shall be given an opportunity to respond, either orally or in writing, tothe appointing power prior to the effective date of the action.2. The representative of the appointing power shall have the authority to makerecommendations to the appointing power to uphold, modify, or revoke the proposedaction.3. A final decision regarding imposition of the discipline shall be served on theemployee within seven (7) working days following the employee's oral response, orwithin seven (7) working days following receipt of the employee's written response,whichever is applicable.D. FORMAL GRIEVANCE PROCEDURE FOR MAJOR DISCIPLINARY ACTION1. Election of Foruma. Employees who receive major disciplinary actions shall have the choice ofinvoking the jurisdiction of the State Personnel Board by way of answer andappeal, or filing a grievance pursuant to the terms of this article.b. The choice of forum rests solely with the employee; however, once aforum is selected, the decision is irrevocable.c. If an employee appeals to SPB and files a timely grievance, the grievanceappeal shall automatically be considered withdrawn with prejudice.2. Filing Grievancesa. Required Forms(1) Grievances filed pursuant to this section must be filed in writing onan official grievance form, or a writing that contains the name of thegrievant; the grievant’s department, classification and work site; theeffective date and nature of the disciplinary action imposed; theremedy requested; and the signature of the employee and/or theemployee’s representative.(2) An "Acknowledgement and Waiver" form signed by the affectedemployee must be submitted with the grievance (see Appendix B).(3) If an "Acknowledgement and Waiver" form is not submitted withthe grievance, the grievance shall be deemed withdrawn withprejudice.b. Time Limit for Filing GrievanceMajor discipline grievances must be filed within ten (10) working daysfollowing notice of the decision at the informal (Skelly) grievancedecision, or 14 working days following the effective date of the actionif the employee does not seek to respond in advance of the effectivedate at the informal (Skelly) grievance level.c. Where to File Grievance3. Board of AdjustmentGrievances shall be filed directly with the Labor Relations Office forthe department in which the grievant is employed.95BU 12(99-01)