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

4. Arbitration(7) One Board member representing a party (employer or Union) maycast the vote of the other representative of that party if he/she isabsent. Thus, a 4-0, 3-1 or 3-0 vote determines a matter. The BOAmay meet by conference call. The BOA may waive a meeting andagree to send a matter directly to arbitration. BOA members neednot attend arbitration.(8) Information received by the BOA, shall be confidential.(9) All decisions shall be made in executive session.(10) Neither party may be represented by a practicing attorney at law.c. Board of Adjustment Decisions(1) The BOA may decide the matter at its meeting, or it may deferdecision until a subsequent meeting, but in no case more than 45working days after the matter is heard.(2) The BOA shall document its action in writing on a form agreedupon by the parties within two working days after the BOA decidesthe matter . Copies will be simultaneously served on the grievant,union, and department Labor Relations Officer.(3) The BOA shall not have the power to add to, subtract from, ormodify this agreement.(4) The department taking the disciplinary action has the burden ofproof by a preponderance of the evidence to establish that the actionwas appropriate.(5) Deliberations among the BOA members are confidential and shallnot be recorded or made available to any party.a. Invoking Arbitration(1) If the BOA decides a grievance by majority vote, the decision shallbe final and binding and may be enforced as an arbitration awardunder California Code of Civil Procedure Section 1280 et seq.(2) If the BOA does not reach a binding decision as outlined herein,the action shall be sustained unless the union appeals the actionthrough the arbitration procedures outlined in this article.(3) Arbitration must be requested within ten (10) working daysfollowing notice of failure to reach a decision.b. About the Arbitrator(1) The determination of the neutral arbitrator for major disciplinecases shall be as provided in Article 14. In other words, the arbitratormay vary from one major discipline case to the next.(2) The cost of arbitration shall be borne equally between theappointing power and union.c. Authority of Arbitrator(1) The arbitrator shall not have the power to add to, subtract from, ormodify this agreement.97BU 12(99-01)