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

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

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d. Procedural Matters(1) If the grievant fails to appear for the hearing (including through arepresentative) (and the matter has not been continued for goodcause by the arbitrator), the grievance shall be deemed dismissed<strong>with</strong> prejudice and the adverse action shall be final.(2) The arbitration shall be conducted as provided in <strong>California</strong> Code<strong>of</strong> Civil Procedure Section <strong>12</strong>80 et seq. At the arbitration hearing,both sides may introduce evidence, call and cross-examinewitnesses, and submit written briefs.e. Arbitrator Awards(1) The arbitrator's award shall be final and binding.(2) Arbitration awards are not subject to challenge or review in anyforum, administrative or judicial, except as provided in CCP § <strong>12</strong>85 etseq.E. FORMAL GRIEVANCE PROCEDURE - MINOR DISCIPLINE1. Filing Grievancesa. Required FormsEmployees who want to challenge minor discipline must file agrievance on an <strong>of</strong>ficial grievance form or a writing that contains thename <strong>of</strong> the grievant; the grievant’s department, classification, andworksite; the effective date and nature <strong>of</strong> the disciplinary actionimposed; the remedy requested; and the signature <strong>of</strong> the employeeand/or employee’s representative.b. Time Limit for Filing GrievanceMinor discipline grievances must be filed <strong>with</strong>in ten (10) working daysfollowing notice <strong>of</strong> the decision at the informal (Skelly) grievancedecision, or fourteen (14) working days following the effective date <strong>of</strong>the action if the employee does not seek to respond in advance <strong>of</strong> theeffective date at the informal (Skelly) grievance level.c. Where to File GrievanceGrievances shall be filed directly <strong>with</strong> the Labor Relations Office forthe department in which the grievant is employed.98BU <strong>12</strong>(99-01)

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