Common use of Board of Adjustment Clause in Contracts

Board of Adjustment. A. If the IUOE is not satisfied with the decision rendered at Step 3 (Department of Human Resources), the IUOE may appeal the decision for consideration by a Board of Adjustment (BOA). The appeal must be sent to the Department of Human Resources, the affected departmental Labor Relations Office, and the IUOE postmarked within ten (10) days from the postmark of the Step 3 level decision. Within ten (10) days, the parties shall schedule a BOA. B. The BOA shall be comprised of two (2) representatives designated by IUOE and one (1) representative designated by the affected Department and one (1) representative designated by the Department of Human Resources. C. The Board of Adjustment shall have the authority to deny the appeal, grant the remedy requested in whole or in part, or issue a remedy as deemed appropriate by the BOA. The BOA shall not have the power to add to, subtract from or modify this Contract. D. The Board shall meet as mutually agreed by the designated members on a schedule that assures that appeals are considered on a timely basis. Procedures for the conduct of the appeal shall be the exclusive purview of the Board and may differ from case to case. Discussions and decisions shall be conducted in executive session. Once a decision is reached, the Board's decision shall be conveyed in writing to both parties within three business days. If either party does not appear at the scheduled BOA, the grievance shall be deferred until another BOA can be scheduled. If either party fails to appear at the rescheduled BOA, it will result in a default judgment. E. Any decision adopted by the majority (3 or more votes) of the Board shall be final and binding upon the parties. F. In the event the Board deadlocks (2 to 2 vote), IUOE may appeal the matter to arbitration within fifteen (15) days consistent with the terms of this article. Only grievances that involve the interpretation, application or enforcement of the express terms of this Agreement may be appealed to binding arbitration.

Board of Adjustment. A. If the IUOE is not satisfied with the decision rendered at Step 3 (Department of Human ResourcesPersonnel Administration), the IUOE may appeal the decision for consideration by a Board of Adjustment (BOA). The appeal must be sent to the Department of Human ResourcesPersonnel Administration, the affected departmental Labor Relations Office, and the IUOE postmarked within ten (10) days from the postmark of the Step 3 level decision. Within ten (10) days, the parties shall schedule a BOA. B. The BOA shall be comprised of two (2) representatives designated by IUOE and one one (1) representative representatives designated by the affected Department and one (1) representative designated by the Department of Human ResourcesPersonnel Administration. C. The Board of Adjustment shall have the authority to deny the appeal, grant the remedy requested in whole or in part, or issue a remedy as deemed appropriate by the BOA. The BOA shall not have the power to add to, subtract from or modify this Contract. D. The Board shall meet as mutually agreed by the designated members on a schedule that assures that appeals are considered on a timely basis. Procedures for the conduct of the appeal shall be the exclusive purview of the Board and may differ from case to case. Discussions and decisions shall be conducted in executive session. Once a decision is reached, the Board's decision shall be conveyed in writing to both parties within three business days. If either party does not appear at the scheduled BOA, the grievance shall be deferred until another BOA can be scheduled. If either party fails to appear at the rescheduled BOA, it will result in a default judgment. E. Any decision adopted by the majority (3 or more votes) of the Board shall be final and binding upon the parties. F. In the event the Board deadlocks (2 to 2 vote), IUOE may appeal the matter to arbitration within fifteen (15) days consistent with the terms of this article. Only grievances that involve the interpretation, application or enforcement of the express terms of this Agreement may be appealed to binding arbitration.