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

a. Board of Adjustment(1) The BOA shall be comprised of two individuals selected by theemployer, and two individuals selected by the union.(a) The individuals selected to serve on the BOA will serveone-year terms that may be renewed by the respectiveparties.(b) If an individual who is selected to serve on the BOA isunable to serve for whatever reason, a substitute may beappointed.(2) The employer and union shall bear all costs for their BOAappointees.(3) Any procedural disputes regarding any section of this Article mustbe raised before the BOA or they are forever waived. Such disputesshall be addressed by the BOA at the same time the merits of thegrievance are considered. In the event that the BOA does not rendera binding decision and procedural matters were raised at the time theBOA considered the matter, such procedural matters shall bedetermined by the Arbitrator if the Union advances the grievance toarbitration. Procedural matters not raised before the BOA may not begrieved or arbitrated under Article 14 of this Agreement.b. Procedural Matters(1) The BOA shall determine all procedures and time limits forhearing, except as otherwise provided for in this agreement. Saidprocedures and time limits shall be determined by majority vote andshall be determined on a case by case basis.(2) The intent of this BOA process is to have expeditious and fairhearings. The BOA shall not be bound by common law, statutoryrules of evidence, technical or formal rules of procedure, orprecedential decisions, but shall act in such a manner as necessaryto reach a just and proper decision based on all relevant evidenceproperly submitted. Hearsay is admissible but shall not be the solebasis for a decision.(3) The parties shall have the right to present oral testimony and/orargument at the BOA hearing in accord with the procedures and timelimits established by the BOA .(4) Prior to the hearing, the parties shall submit all documents to theBOA that they wish to have considered as part of the proceeding.(5) The BOA may order sworn testimony, subpoenaing of one ormore witnesses or the production or receipt into evidence ofdocuments. The BOA to the extent that it deems reasonable, shallprovide the parties (or their representative) the opportunity to presentinformation and argue orally.(6) The BOA shall not adopt procedural rules, or vote on disciplinarygrievances, unless one representative from each side is inattendance.96BU 12(99-01)