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

2. Board of Adjustment (BOA)F. SETTLEMENTSa. About the BOA(1) The BOA shall, by majority vote, sustain, modify or revoke minordisciplinary actions. In the event that the BOA deadlocks (2 to 2 vote)on an appeal of a minor disciplinary action, the parties will requestassistance from the State Mediation and Conciliation Service. Therepresentative from the State Mediation and Conciliation Service willassist the parties in reaching a majority decision.(2) The BOA for minor discipline shall be comprised of four (4)members as described in D3a(1)(a) above.(3) BOA members’ terms and expenses will be treated as describedin the major discipline section of the contractb. Procedural Matters(1) The provisions of this article regarding BOA procedural mattersfor major discipline shall apply to minor discipline except asspecifically noted (e.g., discovery and time for presentation athearing).(2) For minor discipline cases, the decision of the BOA shall bebased solely on a review of the written record. While oralpresentations or appearance by either party are not contemplated, atthe discretion of a majority of the BOA, appearance by either partymay be authorized.c. Board of Adjustment DecisionsBOA decisions are final and binding except as provided by CaliforniaCode of Civil Procedure Section 1280 et seq.Nothing in the article is intended to preclude the parties from independently settlingdisputes arising from disciplinary actions.G. IMPLEMENTATION OF DECISIONWhen the BOA adjudicates a grievance or when an arbitrator issues a decisioninvolving major or minor discipline, the parties will implement the BOA/Arbitratordecision as follows:1. If the BOA/Arbitrator sustains, in whole, the disciplinary action as imposed by theemployer, the Union shall withdraw the grievance with prejudice.2. If the BOA/Arbitrator modifies the disciplinary action as imposed by the employer,the employer shall amend the disciplinary action consistent with the decision of theBOA/Arbitrator. The decision of the BOA/Arbitrator shall be final and binding.3. If the BOA/Arbitrator revokes the disciplinary action imposed by the employer, theemployer shall withdraw the action with prejudice.99BU 12(99-01)