Common use of Formal Appeal Clause in Contracts

Formal Appeal. Step 3 A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the decision may be further appealed as follows: 1. If the grievance alleges a violation of a section of the MOU listed under Section 6.13, the grievance may be appealed to mini-arb under the rules and procedures specified in Section 6.13. This mini-arb shall be the only and final level of review for all such grievances. 2. If the grievance alleges a violation of any other section of the MOU which may be appealed beyond the second level, the grievance may be appealed to CDCR/CCHCS Department Director or Designee as follows: a. Within thirty (30) calendar days of the receipt of the second level response, the grievant or CCPOA may appeal the decision to the Director of the Department or designee. b. Within thirty (30) calendar days after receipt of the appealed grievance, the person designated as third level of appeal shall respond in writing to the grievance, subject to the provisions of Sections 6.03 and 6.04. c. This shall be the final level of review for all Health and Safety grievances, any grievances involving the content of an LOI/WID, and “policy” grievances in that they do not involve the interpretation, application or enforcement of the provisions of this MOU. d. Regardless of who files the grievance, a copy of the grievance and said response shall be mailed by the Appointing Authority or designee to the appropriate office of CCPOA. e. If the grievance alleges a violation of the following MOU Sections: 2.03, 2.04, 2.08, 2.09, 5.03, 7.04, 7.05, 7.06, 7.07, 9.03, 9.06, 9.09 (except G. and L.), 10.02 (except D.), 10.07, 10.08, 10.16, 10.19, 11.02, 11.05, 12.04 (except G.), 14.05, 16.02, 16.06, 17.05, 17.06, 17.08, 17.09, 17.11, 18.01,19.01, 19.02, 19.03, 19.06, 19.09, 19.15, 19.16, 20.01, 20.02, 20.06 (except E.), 20.08, 21.01, 21.02, 22.01, 22.03 (except F.), 24.01, 24.03, 24.09, 25.01, 25.02, the grievance may be appealed directly to arbitration after the third level response. The appeal to arbitration shall be made by sending a request for arbitration to the Director of the CalHR, or designee, within thirty (30) calendar days of the third level response. The arbitration shall be conducted in accordance with Section 6.11 of this article. f. If sections of this MOU subject to arbitration after the third level and after the fourth level are appealed in the same grievance, the grievance shall be subject to arbitration after the fourth level response. Time frames for the third level shall be put in abeyance pending the fourth level response.

Formal Appeal. Step 3 A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the decision may be further appealed as follows: 1. If the grievance alleges a violation of a section of the MOU listed under Section 6.13, the grievance may be appealed to mini-arb under the rules and procedures specified in Section 6.13. This mini-arb shall be the only and final level of review for all such grievances. 2. If the grievance alleges a violation of any other section of the MOU which may be appealed beyond the second level, the grievance may be appealed to CDCR/CCHCS Department Director or Designee as follows: a. Within thirty (30) calendar days of the receipt of the second level response, the grievant or CCPOA may appeal the decision to the Director of the Department or designee. b. Within thirty (30) calendar days after receipt of the appealed grievance, the person designated as third level of appeal shall respond in writing to the grievance, subject to the provisions of Sections 6.03 and 6.04. c. This shall be the final level of review for all Health and Safety grievances, any grievances involving the content of an LOI/WID, and “policy” grievances in that they do not involve the interpretation, application or enforcement of the provisions of this MOU. d. Regardless of who files the grievance, a copy of the grievance and said response shall be mailed by the Appointing Authority or designee to the appropriate office of CCPOA. e. If the grievance alleges a violation of the following MOU Sections: 2.03, 2.04, 2.08, 2.09, 5.03, 7.04, 7.05, 7.06, 7.07, 9.03, 9.06, 9.09 (except G. and L.), 10.02 (except D.), 10.07, 10.08, 10.16, 10.19, 11.02, 11.05, 12.04 (except G.), 14.05, 16.02, 16.06, 17.05, 17.06, 17.08, 17.09, 17.11, 18.01,19.01, 19.02, 19.03, 19.06, 19.09, 19.15, 19.16, 20.01, 20.02, 20.06 (except E.), 20.08, 21.01, 21.02, 22.01, 22.03 (except F.), 24.01, 24.03, 24.09, 25.01, 25.02, the grievance may be appealed directly to arbitration after the third level response. The appeal to arbitration shall be made by sending a request for arbitration to the Director of the CalHR, or designee, within thirty (30) calendar days of the third level response. The arbitration shall be conducted in accordance with Section 6.11 of this article. f. If sections of this MOU subject to arbitration after the third level and after the fourth level are appealed in the same grievance, the grievance shall be subject to arbitration after the fourth level response. Time frames for the third level shall be put in abeyance pending the fourth level response.thirty

Formal Appeal. Step 3 A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the decision may be further appealed as follows: 1. If the grievance alleges a violation of a section of the MOU listed under Section 6.13, the grievance may be appealed to mini-arb under the rules and procedures specified in Section 6.13. This mini-arb shall be the only and final level of review for all such grievances. 2. If the grievance alleges a violation of any other section of the MOU which may be appealed beyond the second level, the grievance may be appealed to CDCR/CCHCS Department Director or Designee as follows: a. Within thirty twenty-one (3021) calendar days of the receipt of the second level response, the grievant or CCPOA may appeal the decision to the Director of the Department or designee. b. Within thirty twenty-one (3021) calendar days after receipt of the appealed grievance, the person designated as third level of appeal shall respond in writing to the grievance, subject to the provisions of Sections 6.03 and 6.04. c. This shall be the final level of review for all Health and Safety grievances, any grievances involving the content of an LOI/WID, and “policy” grievances in that they do not involve the interpretation, application or enforcement of the provisions of this MOU. d. Regardless of who files the grievance, a copy of the grievance and said response shall be mailed by the Appointing Authority or designee to the appropriate office of CCPOA. e. If the grievance alleges a violation of the following MOU Sections: 2.03, 2.04, 2.08, 2.09, 5.03, 7.04, 7.05, 7.06, 7.07, 9.03, 9.06, 9.09 (except G. and L.), 10.02 (except D.), 10.07, 10.08, 10.16, 10.19, 11.02, 11.05, 12.04 (except G.), 14.05, 16.02, 16.06, 17.05, 17.06, 17.08, 17.0917.09 , 17.11, 18.01,19.01, 19.02, 19.03, 19.06, 19.09, 19.15, 19.16, 20.01, 20.02, 20.06 (except E.), 20.08, 21.01, 21.02, 22.01, 22.03 (except F.), 24.01, 24.03, 24.09, 25.01, 25.02, the grievance may be appealed directly to arbitration after the third level response. The appeal to arbitration shall be made by sending a request for arbitration to the Director of the CalHR, or designee, within thirty twenty-one (3021) calendar days of the third level response. The arbitration shall be conducted in accordance with Section 6.11 of this article. f. If sections of this MOU subject to arbitration after the third level and after the fourth level are appealed in the same grievance, the grievance shall be subject to arbitration after the fourth level response. Time frames for the third level shall be put in abeyance pending the fourth level response.