Common use of Appeal Procedure Clause in Contracts

Appeal Procedure. If not satisfied with the above referenced decision, the UAW may file a written appeal of the decision within five (5) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolution.

Appeal Procedure. If Bargaining unit members who have been laid off may use the Appeal Procedure, except that unit members who have identified a position in a higher grade under Section 13.6.B.2 and who are not satisfied with selected for that position do not have access to the above referenced decisionAppeal Procedure. Appeal Procedure 1. Within five (5) working days of the receipt of notice of layoff to the bargaining unit member or of the incident giving rise to the appeal, the UAW bargaining unit member may file a written appeal of specifying the decision within five (5) business days after service of reasons for the decisionappeal. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The This appeal shall be submitted filed with the Campus Contract Administrator for the Tripartite Appeals Panel, with a copy to Campus Labor Relationsthe Union. 2. Campus Labor Relations The Tripartite Appeals Panel shall be comprised of: one member appointed by the Union; one member appointed by the Employer/University Administration; and one independent hearing officer/arbitrator. 3. A hearing will immediately notify be held on the parties appeal forwarded to the Tripartite Appeals Panel. The bargaining unit member appealing may attend to present his/her case with witnesses and Union representation. Representatives of the need Employer/University Administration may attend to appoint panel memberspresent the Employer/University Administration's position. 4. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Tripartite Appeals Panel will issue its decision within on the appeal no later than five (5) business calendar days following the conclusion of the appointment hearing unless an extension of time is requested. 5. The Tripartite Appeals Panel's ruling on the third panel member. Said decision will appeal shall be final and binding and binding. 6. The provisions of Section 13.3, A are not subject to Grievance and Arbitration, Article 11 of this Agreementthe Appeals Procedure. The list set forth provisions of Section 13.6, B.1 and 13.6, B.2 are not subject to the Appeals Procedure, except that if the Employer/University Administration determines that the bargaining unit member is not qualified to fill the position in Appendix D will be comprised of ten (10) names designated the executive area identified by the UAW and ten names designated by the Office bargaining unit member in Section 13.6, B.2, that determination shall be appealable. The Tripartite Panel may not substitute its judgment for that of the President. Each individual to be included on Appendix D must be a member of Employer/University Administration; the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Tripartite Panel shall apply decide only whether the terms of Employer/University Administration was arbitrary or capricious in making its determination that the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutionunit member was not qualified under Section 13.6.B.2.

Appeal Procedure. If not satisfied with the above referenced decision, the UAW (a) A candidate may file appeal a written appeal decision of the decision within five appropriate promotions committee (5University Promotions Committee for faculty employees except lecturers; the appropriate Faculty Promotions Committee for lecturers and Instructor employees; Library Rank Promotions Committee for professional librarian employees) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five Promotion Appeals Committee (5) business days of hereinafter known as the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decisionPAC), they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office consisting of the President. Each individual , a faculty member holding the rank of Full Professor appointed by the Association, and a third member to be included on Appendix D must chosen by these two who shall chair all meetings, hearings and other deliberations of this committee. The PAC shall be established by April 1 of each year. When a candidate is informed that his/her promotion has been denied, he/she shall also be informed of these appeal procedures and the name of the chairperson of the PAC. The PAC shall be governed by the following procedures in hearing such cases: (i) The appellant shall be allowed up to fifteen (15) working days, after being notified by the President that promotion was not approved, to prepare an appeal. (ii) The appellant may be assisted and/or represented by a member of the Academic Senate on bargaining unit. (iii) The PAC shall examine any evidence that the appellant or his/her representative wishes to present and shall conduct a hearing if it deems this to be necessary. (iv) The PAC may call for and is entitled to receive any other information that in its view is necessary to a proper review of the University of California campusesappeal, have expertise as a neutral except that no evidence shall be presented by the employer which has not been available to the appropriate promotions committee unless in labor-management dispute resolution, and have expertise response to new information raised by the appellant in matters of faculty governancehis/her appeal. The parties reserve chairperson of the right appropriate promotions committee shall be deemed to annually amend speak for that committee. (v) The PAC shall reach a decision by majority vote. If the names each has respectively designated decision is to uphold the appeal, either on Appendix D procedural or substantive grounds, the PAC shall decide whether to refer the matter back to the University Promotions Committee for reconsideration, or whether a de novo consideration of a candidate is required. If a de novo consideration is required the matter shall be referred to a differently constituted University Promotions Committee, the composition of which shall be determined by September 1 the PAC. (vi) If the PAC decides for reconsideration the chairperson of each year, and when the appropriate promotions committee shall call a vacancy occursmeeting of the appropriate committee within one (1) calendar month from receipt of a reconsideration decision. The Dispute Resolution Panel shall apply the terms subsequent decision of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and promotions committee shall be final and binding. (vii) In the event of the appropriate promotions committee denying the appeal the appellant shall be informed in writing of the reasons for the denial which shall include particular reference to the reasons submitted to an arbitrator for resolutionby the appellant in making the appeal.

Appeal Procedure. If not satisfied with the above referenced decision, the UAW (a) A candidate may file appeal a written appeal decision of the decision within five appropriate promotions committee (5University Promotions Committee for faculty employees except lecturers; the appropriate Faculty Promotions Committee for lecturers and Instructor employees; Library Rank Promotions Committee for professional librarian employees) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five Promotion Appeals Committee (5) business days of hereinafter known as the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decisionPAC), they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office consisting of the President. Each individual , a faculty member holding the rank of Full Professor appointed by the Association, and a third member to be included on Appendix D must chosen by these two who shall chair all meetings, hearings and other deliberations of this committee. The PAC shall be established by April 1 of each year. When a candidate is informed that his/her promotion has been denied, he/she shall also be informed of these appeal procedures and the name of the chairperson of the PAC. The PAC shall be governed by the following procedures in hearing such cases: (i) The appellant shall be allowed up to fifteen (15) working days, after being notified by the President that promotion was not approved, to prepare an appeal. (ii) The appellant may be assisted and/or represented by a member of the Academic Senate on bargaining unit. (iii) The PAC shall examine any evidence that the appellant or his/her representative wishes to present and shall conduct a hearing if it deems this to be necessary. (iv) The PAC may call for and is entitled to receive any other information that in its view is necessary to a proper review of the University of California campusesappeal, have expertise as a neutral except that no evidence shall be presented by the employer which has not been available to the appropriate promotions committee unless in labor-management dispute resolution, and have expertise response to new information raised by the appellant in matters of faculty governancehis/her appeal. The parties reserve chairperson of the right appropriate promotions committee shall be deemed to annually amend speak for that committee. (v) The PAC shall reach a decision by majority vote. If the names each has respectively designated decision is to uphold the appeal, either on Appendix D procedural or substantive grounds, the PAC shall decide whether to refer the matter back to the University Promotions Committee for reconsideration, or whether a de novo consideration of a candidate is required. If a de novo consideration is required the matter shall be referred to a differently constituted University Promotions Committee, the composition of which shall be determined by September 1 the PAC. (vi) If the PAC decides for reconsideration the chairperson of each year, and when the appropriate promotions committee shall call a vacancy occursmeeting of the appropriate committee within one (1) calendar month from receipt of a reconsideration decision. The Dispute Resolution Panel shall apply the terms subsequent decision of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and promotions committee shall be submitted to an arbitrator for resolutionfinal and binding.

Appeal Procedure. The complainant or respondent may appeal any decision of the Human Resources Manager. Notice of intent to appeal must be made in writing to the Human Resources Manager within seven (7) days of receiving a decision. Upon notice of intent to appeal, the complainant and respondent will attempt to agree on an outside Disputes Resolution Officer (refer to Section 13). If not satisfied no agreement is reached within seven (7) days from the date of the notice of intent to appeal, then the selection will be in rotation, starting with the above referenced decisionfirst available on the list. On the second event where mutual agreement fails to select a Disputes Resolution Officer, the UAW may file rotation will start at the person next in line, on a written first available basis. This system of rotation will continue for all further cases where mutual agreement is not possible. The appeal of itself must be delivered, in writing, to the decision within five Disputes Resolution Officer no later than thirty (530) business days after service of the decisionfollowing this person’s selection. The appeal must specify the unresolved issues, all relevant include a brief statement of facts and list the remedy requestedissue or issues being appealed. A copy of the original complaint and the report being appealed must be included with the appeal. Any other information the person initiating the appeal feels is relevant or important should be also included. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution PanelDisputes Resolutions Officer will, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the soon as possible following receipt of the appeal by written appeal, review all the Campus Labor Relations Officefacts. The Dispute Disputes Resolution Panel will hold a hearing no later than twenty (20) business days following Officer may, at their discretion, seek any additional pertinent information. They may interview the filing of complainant, the appealrespondent, and other employees, or make any other enquiries they deem appropriate. The Dispute Disputes Resolution Panel shall Officer will prepare and issue a written report which will include a decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is duematter. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said Such decision will be final and binding and will not be subject to Grievance and Arbitration, Article 11 further appeal. A copy of this Agreement. The list set forth in Appendix D the report will be comprised of ten (10) names designated by forwarded to the UAW complainant, the respondent, the Human Resources Manager and ten names designated by the Office General Manager. If the Company, whether acting on recommendations or not, should issue discipline, then the recipient of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve discipline has the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when institute a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names grievance as per Section III Relationship to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutionGrievance Procedure.

Appeal Procedure. If the faculty member does not satisfied with accept the above referenced Board's decision, he/she may request an appeal hearing. This request must be made in writing and transmitted to the UAW may file a written appeal Chairperson of the decision Board of Trustees, the President of the College, and the President of the MCCCFA within five (5) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business calendar days of the receipt of the appeal by the Campus Labor Relations Officeofficial notification of contract termination. The Dispute Resolution Panel will hold a appeal hearing no later than twenty must be held within fifteen (2015) business calendar days following the filing of receipt of the appealfaculty member's request. The Dispute Resolution Panel appeal hearing shall issue be conducted before a five-member panel consisting of two members of the administration, two members of the faculty and a fifth person selected by these four. In the event that the fifth member cannot be agreed upon, the panel shall request that the State Labor Mediation Board shall select the fifth member. The President of the College shall select the two members to be appointed to this special panel. The faculty member shall select two members of the faculty of his/her own choosing to this panel. This hearing would be closed except for counsel and such witnesses as may be deemed necessary. The fifth member of the panel shall be responsible for delivering the written decision to the faculty member within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business calendar days of the appointment conclusion of the third panel memberhearing. Said Any expense incurred in connection with the special hearing would be borne equally by the faculty member and the College. The decision will shall be final and binding. D. Procedure for Suspension of Faculty on Probationary or Continuing Contract The College reserves the right to suspend immediately, with pay, when any faculty member is charged with serious misconduct. The hearing as outlined in Step C-3 shall take place at the next scheduled meeting of the Board or within fourteen (14) calendar days provided that at least seventy-two (72) hours notice can be given to the Board members. The Chairperson of the Board of Trustees must furnish the faculty member a written decision of the results of the hearing within seven (7) calendar days. This decision shall be final and binding for faculty members on probationary contract. For faculty members on continuing contract procedures as contained in C-7 of this article will be followed. E. If procedures outlined in Sections B, C and D have been followed, then the decision and the termination of services under Sections B, C and D of a faculty member are not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutiongrievance procedure.

Appeal Procedure. If not satisfied A staff member who wishes to appeal the results of a Periodic and/or Position Classification review should follow the procedure outlined below: A. Staff member completes Section I of Appeal of Position Level form (Appendix #4) and forwards, with the above referenced decision, the UAW may file a written appeal of the decision within five (5) business days after service of the decisionposition description to Department Head. The appeal must specify position description in place when the unresolved issues, all relevant facts and the remedy requested. The appeal review is begun shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of position description used for the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt purpose of the appeal procedure. B. Within 10 working days of receipt, Department Head, in conjunction with the Xxxx/Director, completes Section II and forwards, with organizational chart and comments, to Manager of Total Compensation, providing copies to the Administrative Officer. C. Within 20 working days of receipt, Division of Human Resources completes Section III of Appeal of Position Level form and returns it to Department Head with copies to staff member and Administrative Officer. D. If staff member wishes to appeal action taken in Step C above, within 10 working days of receipt he or she completes Section IV and submits it to his or her union representative. Only the Union may initiate appeals to the Board by sending written notice of an Appeal to the Manager of Total Compensation. Such notice shall specify the employee appealing and the grounds on which they appeal. E. Within 15 working days of receipt, the Manager of Total Compensation will schedule a hearing at which the appellant, Department Head/Xxxx/Director, and Manager of Total Compensation present their respective cases and answer any relevant questions of the Board. F. The Appeals Board is comprised of three representatives of Employer/University Administration, three representatives of the Union and one neutral voting Chairperson appointed by the Campus Labor Relations OfficeEmployer/University Administration and the Union. A neutral voting chairperson shall be chosen by the parties and shall be present to consider all appeals that come before the Board. The Dispute Resolution Panel will hold neutral Chairperson shall have demonstrated expertise in compensation (World at Work certification preferred) and PSSAP MANUAL (July 1, 2008) 5 appropriate experience in dispute resolution. The cost of hiring a hearing no later than twenty (20) business neutral voting chairperson shall be equally shared by both parties. A majority vote is necessary to approve an appeal. G. Within 15 working days following after the filing hearing, the Board completes Section V of the appeal. form and notifies the staff member of its findings, with copies to the Department Head, Xxxx or Director, Manager of Total Compensation, and Administrative Officer. H. The Dispute Resolution Panel shall issue a written Appeals Board’s decision within five (5) business days is final; any resultant change in position level will be implemented effective on the Sunday following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is duerequest for review was received by the Division of Human Resources. The three-member panel will then review If funds are not available in the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of current fiscal year budget, the appointment of the third panel member. Said decision funds required to implement any salary change will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth included in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by budget for the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each following fiscal year, and when a vacancy occurswith the same effective date. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D Grant funded programs may be challenged by either party within 30 days of designation and shall exempted in rare situations, only if it can be submitted to an arbitrator for resolutiondocumented that insufficient funds are available.

Appeal Procedure. If An employee shall have the right to appeal the classification of the position he/she occupies where the position questionnaire is not satisfied accurate or the duties of the position have changed since the last review. Such an appeal shall be in accordance with the above referenced decision, the UAW may file following provisions and shall not be considered a written grievance under Article 7 of this Agreement. (a) Where an employee wishes to initiate an appeal of the decision within five (5) business days after service classification of the decisionposition he/she occupies, the employee shall provide an updated written position questionnaire and a written statement summarizing the basis for the appeal to his/her supervisor. The appeal must specify supervisor shall respond in writing or arrange to meet with the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel employee within five ten (510) business calendar days of the receipt of the appeal by the Campus Labor Relations Officeemployee's documents. The Dispute Resolution Panel will hold supervisor shall forward a hearing no later than twenty (20) business days following the filing copy of the appeal. The Dispute Resolution Panel position questionnaire, the employee's statement and a copy of his/her response to the Human Resources Department. (b) Within thirty (30) calendar days, a Human Resources representative shall issue a written decision within five (5) business days following said hearing. In review the event duties and responsibilities of the Dispute Resolution Panel is deadlocked position with the employee and cannot issue a decisionthe employee's supervisor, they will select a third person to join and any information arising from the Panel. This third panel member review shall be selected from a list set forth forwarded to the Job Evaluation Committee. (c) The employee and/or supervisor is entitled to make verbal and/or written submissions to the Committee in Appendix D on support of his/her appeal; however, the date the decision is due. The three-member panel will then Committee's review the appeal. The three member Dispute Resolution Panel will issue its decision within five shall take place in camera. (5d) business Within sixty (60) calendar days of Human Resources receiving the appointment appeal application, the employee and the supervisor will be notified of the third panel member. Said Committee's decision will which shall be final and binding and not subject on the parties. (e) If the Job Evaluation Committee is unable to Grievance and Arbitrationagree on the disposition of the appeal, then the matter will be referred by the Committee to the Classification Arbitrator as set out in Article 11 28.5 of this Agreement. The list set forth agreement. (f) Where the CommitteeÕs review, or the Classification ArbitratorÕs review, results in Appendix D will a higher grade on the salary scale, then the implementation date of such reclassification shall be comprised the date that the employee initiated the written appeal in accordance with (b) above. (g) Where the CommitteeÕs review, or the Classification ArbitratorÕs review, results in a lower grade on the salary scale, then the implementation date of ten (10) names designated by such reclassification shall be the UAW and ten names designated by the Office date of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation CommitteeÕs or ArbitratorÕs decision and shall be submitted to an arbitrator for resolutionin compliance with Article 26.7 of this agreement. (h) The parties agree that neither market value or volume of work will be a factor in determining classification level.

Appeal Procedure. If not satisfied Employees initiating appeals of classification under the MLIA must file their appeals in writing along with a copy of their most recent Form 30 directly with the above referenced decisionUnion not later than 90 days after the date the collective bargaining agreement for the applicable bargaining unit is ratified. An appeal will not be considered filed unless the most recent Form 30 is included with the prescribed notice of appeal. The notice of appeal shall be submitted on a form provided by MassDOT that shall include 1) employee name, 2) current job classification, 3) job classification sought, 4) work location and work unit, and 5) statement of all reasons supporting the reclassification. MassDOT will review the appeal for possible resolution. If MassDOT does not propose an acceptable resolution, then the Union may submit a timely filed appeal to arbitration by notifying the MassDOT Chief Human Resources Officer in writing not later than 180 days after the collective bargaining agreement for the applicable bargaining unit has been ratified. At least 15 days prior to the hearing, the UAW parties will meet in a conference to discuss and exchange the documents they plan to introduce at the arbitration hearing. Documents not discussed or exchanged at the conference may file be excluded from consideration by the arbitrator upon a written appeal timely objection by the adversely affected party and may only be considered by the arbitrator upon a showing of good and reasonable grounds for failure to provide the decision within five (5) business days after service of document at the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requestedconference. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify conducted before an arbitrator mutually selected by MassDOT and the bargaining representative from a permanent panel of three arbitrators agreed by the parties who shall be generally knowledgeable about job classification systems. If the permanent arbitrators are not selected by March 1, 2020 then the selection of the need to appoint panel members. The dispute will shall be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing made randomly no later than twenty March 15, 2020 or as otherwise agreed from a pool of six (206) business days following arbitrators comprised of one arbitrator submitted by the filing of CMU for Unit B, one arbitrator submitted by the appealCMU for Unit C, one arbitrator submitted by the CMU for Unit D and three arbitrators submitted by MassDOT. The Dispute Resolution Panel shall issue a written decision parties will make reasonable efforts to schedule and present all timely appeals to arbitration on mutually agreeable dates and locations as expeditiously as reasonably practicable but within five one (51) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on calendar year of the date the decision appeal is duefiled. Arbitrations shall be scheduled in the order that the appeals are filed. The arbitrator shall hear at least three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolution.

Appeal Procedure. If not satisfied with after every effort has been made to provide medical evidence of disability satisfactory to the above referenced decisionplan administrator, the UAW claim for benefits or continuation of benefits is rejected by the plan administrator, the claimant may file a written appeal of the decision rejection within the five (5) business working days after service of immediately following the decisionnotice that claim is rejected by requesting the Union and the Company to refer the case to a medical referee. The appeal must specify the unresolved issues, all relevant facts Union and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution PanelCompany shall, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five seven (57) business working days of the following receipt of the appeal request by the Campus Labor Relations Office. The Dispute Resolution Panel employee, appoint a medical referee acceptable to both parties who will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision claimant’s case within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated working days of his appointment. The referee will have no ties with any Company or Union organization and may refuse to handle a case if he finds himself in a conflict of interest. The referee will have access to all relevant medical records, will be authorized by the UAW employee to discuss his case with his treating physician and if deemed necessary by him, examine the claimant before making a determination of his medical condition. The referee will decide within ten names designated by the Office (10) days of the Presidentreview whether or not the claimant is eligible for benefits. Each individual to be included on Appendix D must be a member The decision of the Academic Senate on any medical referee is subject to the arbitration procedure set forth in Article VII, section 6, of the University Agreement. All other matters dealing with these benefits which are not related to medical evidence are subject to the normal arbitration procedure pursuant to Article VII, Section 6, of California campusesthe Collective Agreement. Any employee returning to work following an extended absence must, have expertise as if requested, authorize the Company’s medical staff to discuss his case with his treating physician to ensure that he is capable of resuming the regular duties of his job. If he is deemed unable to resume the normal duties of his occupation, representation will be made on his behalf to the plan administrator to reinstate the benefits. Should a neutral in labor-management dispute resolutiondisagreement arise with respect to the employee’s ability to resume work, and have expertise in matters of faculty governancethe above appeal procedure would apply. The parties reserve plan administrator will advise the right to annually amend claimant at least two (2) weeks in advance of the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occursdate benefit payments will cease. The Dispute Resolution Panel shall apply claimant who feels the terms benefits should continue beyond that date must file a supplemental claim and present medical evidence supporting his claim. If this evidence is presented before the cessation date and is not acceptable to the plan administrator and the claimant elects to appeal, benefit payments will nevertheless be continued until the medical referee has rendered his decision. The claimant must sign an undertaking to remit to the plan administrator the payments made during the referee appeal period, should the referee deem him ineligible. During the life of this Labour Agreement, the Company will prepare and issue to each employee a retirement booklet summarizing the main provision of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names Smurfit-MBI retirement plan as it applies to Appendix D may be challenged employees covered by either party within 30 days of designation and shall be submitted to an arbitrator for resolutionthis Agreement.

Appeal Procedure. If the faculty member does not satisfied with accept the above referenced Board's decision, he/she/they may request an appeal hearing. This request must be made in writing and transmitted to the UAW may file a written appeal Chairperson of the decision Board of Trustees, the President of the College, and the President of the MCCCFA within five (5) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business calendar days of the receipt of the appeal by the Campus Labor Relations Officeofficial notification of contract termination. The Dispute Resolution Panel will hold a appeal hearing no later than twenty must be held within fifteen (2015) business calendar days following the filing of receipt of the appealfaculty member's request. The Dispute Resolution Panel appeal hearing shall issue be conducted before a five-member panel consisting of two members of the administration, two members of the faculty and a fifth person selected by these four. In the event that the fifth member cannot be agreed upon, the panel shall request that the State Labor Mediation Board shall select the fifth member. The President of the College shall select the two members to be appointed to this special panel. The faculty member shall select two members of the faculty of his/her/their own choosing to this panel. This hearing would be closed except for counsel and such witnesses as may be deemed necessary. The fifth member of the panel shall be responsible for delivering the written decision to the faculty member within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business calendar days of the appointment conclusion of the third panel memberhearing. Said Any expense incurred in connection with the special hearing would be borne equally by the faculty member and the College. The decision will shall be final and binding. D. Procedure for Suspension of Faculty on Probationary or Continuing Contract The College reserves the right to suspend immediately, with pay, when any faculty member is charged with serious misconduct. The hearing as outlined in Step C-3 shall take place at the next scheduled meeting of the Board or within fourteen (14) calendar days provided that at least seventy-two (72) hours notice can be given to the Board members. The Chairperson of the Board of Trustees must furnish the faculty member a written decision of the results of the hearing within seven (7) calendar days. This decision shall be final and binding for faculty members on probationary contract. For faculty members on continuing contract procedures as contained in C-7 of this article will be followed. E. If procedures outlined in Sections B, C and D have been followed, then the decision and the termination of services under Sections B, C and D of a faculty member are not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutiongrievance procedure.

Appeal Procedure. If not satisfied Where an employee the Union disagrees with the above referenced rendered by Human shall, within ten (10) days from the date of receipt of the decision, initiate a challenge; otherwise the UAW may file request is and further cannot be initiated for a written appeal period of at least one (1) year from the date of Human Resource Services' decision. A challenge shall consist of Written notification to Resource Services and Union, signed and dated, stating the that the employee does not agree with the decision and requesting that the decision be reviewed. A classification review committee composed of the Director of Administrative Services, the Division Manager, and two members of the Union shall meet within ten (10) days of receipt of the request, review the employee's justification and any appropriate information. and attempt to the appeal. The classification review committee shall prepare a joint report summarizing the decision of the individual representativesand shall it to the employee. Where a majority decision is reached by the the decision shall be binding upon the employee. Where a majority decision is not achieved by the committee. the employee, with the approval of the Union, shall within five (5) business days after service of receipt of the decision. , refer the appeal to a Classification Appeal Classification Appeal The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal Appeal shall be submitted an The City and Union shall prepare and maintain a list of arbitrators suitable to Campus Labor Relations. Campus Labor Relations will immediately notify the both parties of the need who may be called upon to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, resolve classificationappeals as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearingthey occur. In the event the Dispute Resolution Panel is deadlocked City and the Union cannot issue a decisionagree on an Appeal Arbitrator, they will select a third person to join the Panel. This third panel member matter shall be selected from referred to the Minister of Labour who shall appoint a list set forth in Appendix D person as arbitrator. The parties agree that such request shall be made jointly, requesting a person with job classification experience. Where the Minister has appointed the arbitrator, shall be resolved a three (3)member Board and the person so appointed will be Chairman of that Board. Each party shall appoint a member to the Board to act on their behalf, and shall bear the date expense of that member. The decision of the Board is the decision is dueof the majority, or where a majority decision cannot be achieved, the decision of the Chairman shall be the decision of the Board. The three-member panel will then review arbitrator, or the appeal. The three member Dispute Resolution Panel will issue its Board shall hear arguments from the parties to the dispute and shall render a decision in providing reasons therefore, within five fourteen (514) business days of the appointment hearing. Each appeal heard shall be based on the duties of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by position at the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be time a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation review was concluded and shall be submitted not take into account any duties added or deleted subsequent to an arbitrator for resolutionthat time.

Appeal Procedure. If not satisfied SECTION 1 Any employee who has satisfactorily completed twelve (12) months of employment with the above referenced decisionCITY shall have the right to appeal to either the Personnel Board or arbitration, the UAW may file but not both, from a written appeal suspension, termination of the decision within five (5) business days after service of the decision. The appeal must specify the unresolved issuesemployment, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no reduction in classification or pay not later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office working days after receiving notice of the Presidentsuch action. Each individual to be included on Appendix D must be Any such employee who receives a member of the Academic Senate on any of the University of California campuses, written reprimand shall have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend appeal to the names each has respectively designated on Appendix D by September 1 Personnel Board only not later than ten (10) working days after receiving notice of each year, such action. There shall be no right of appeal from the Personnel Board to the arbitrator or from the arbitrator to the Personnel Board. SECTION 2 If an election is made to appeal to the Personnel Board the appeal must be in writing setting forth the reasons why such action is improper and when a vacancy occurssubmitted to the Human Resources Director within the ten (10) working day time period. The Dispute Resolution Panel Human Resources Director shall apply cause such appeal to be placed on the terms agenda of the contract and fashion a remedy where appropriate in a fair and neutral mannernext regularly scheduled Personnel Board meeting, provided the appeal is received at least ten (10) working days prior to the regularly scheduled Personnel Board meeting. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and Otherwise it shall be submitted placed on the agenda of the Personnel Board for the next regularly scheduled meeting. SECTION 3 The Personnel Board or arbitrator shall not have jurisdiction to terminate employment of an employee upon an appeal from a suspension. SECTION 4 If an employee, serving a probationary period by virtue of promotion, is terminated from employment for cause, he shall be entitled to file and process an appeal under the provisions of Section 1 or Section 2 hereof. SECTION 5 If an election is made to appeal to arbitration, the procedure for selection of the arbitrator for resolutionshall be as set forth in Article 8, Step 3, second paragraph, of this Agreement. SECTION 6 An employee shall have the right to process an appeal individually, by the UNION, and/or by an Attorney at Law. If an employee elects not to use the UNION or its attorney in the processing of an appeal, the decision of the Personnel Board shall not set binding precedent on the UNION.

Appeal Procedure. If not satisfied with the above referenced decision, the UAW (a) A candidate may file appeal a written appeal decision of the decision within five appropriate promotions committee (5University Promotions Committee for faculty employees except lecturers; the appropriate Faculty Promotions Committee for lecturers and Instructor employees; Library Rank Promotions Committee for professional librarian employees) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five Promotion Appeals Committee (5) business days of hereinafter known as the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decisionPAC), they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office consisting of the President. Each individual , a faculty member holding the rank of Full Professor appointed by the Association, and a third member to be included on Appendix D must chosen by these two who shall chair all meetings, hearings and other deliberations of this committee. The PAC shall be established by April 1 of each year. When a candidate is informed that his/her promotion has been denied, he/she shall also be informed of these appeal procedures and the name of the chairperson of the PAC. The PAC shall be governed by the following procedures in hearing such cases: (i) The appellant shall be allowed up to fifteen (15) working days, after being notified by the President that promotion was not approved, to prepare an appeal. (ii) The appellant may be assisted and/or represented by a member of the Academic Senate on bargaining unit. (iii) The PAC shall examine any evidence that the appellant or his/her representative wishes to present and shall conduct a hearing if it deems this to be necessary. (iv) The PAC may call for and is entitled to receive any other information that in its view is necessary to a proper review of the University of California campusesappeal, have expertise as a neutral except that no evidence shall be presented by the employer which has not been available to the appropriate promotions committee unless in labor-management dispute resolution, and have expertise response to new information raised by the appellant in matters of faculty governancehis/her appeal. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms chairperson of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and promotions committee shall be submitted deemed to an arbitrator speak for resolutionthat committee. (v) The PAC shall reach a decision by majority vote. If the decision is to uphold the appeal, either on procedural or substantive grounds, the PAC shall decide whether to refer the matter back to the University Promotions Committee for reconsideration, or whether a de novo consideration of a candidate is required. If a de novo consideration is required the matter shall be referred to a differently constituted University Promotions Committee, the composition of which shall be determined by the PAC.

Appeal Procedure. If not satisfied with the above referenced decisionclaimant’s claim is denied, the UAW claimant (or his or her authorized representative) may file apply in writing to the Administrator for a written appeal review of the decision denying the claim. Review must be requested within five (5) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business 60 days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review claimant received the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days written notice of their claim denial or else the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve claimant loses the right to annually amend review. The claimant (or representative) then has the names each has respectively designated on Appendix D by September 1 right to review and obtain copies of each yearall documents and other information relevant to the claim, upon request and at no charge, and when a vacancy occursto submit issues and comments in writing. The Dispute Resolution Panel shall apply the terms Administrator will provide written notice of the contract decision on review within 60 days after it receives a review request. If additional time (up to 60 days) is needed to review the request, the claimant (or representative) will be given written notice of the reason for the delay. This notice of extension will indicate the special circumstances requiring the extension of time and fashion the date by which the Administrator expects to render its decision. If the claim is denied (in full or in part), the claimant will be provided a remedy where appropriate written notice explaining the specific reasons for the denial and referring to the provisions of the Policy on which the denial is based. The notice shall also include a statement that the claimant will be provided, upon request and free of charge, reasonable access to, and copies of, all documents and other information relevant to the claim and a statement regarding the claimant’s right to bring an action under Section 502(a) of ERISA. Plan Name: FireEye, Inc. Change of Control Severance Policy for Officers Plan Sponsor: FireEye, Inc. 0000 XxXxxxxx Xxxxxxxxx, Milpitas, CA, 95035 Identification Number: 550 Plan Year: Company’s Fiscal Year Plan Administrator: FireEye, Inc. Attention: Administrator of the FireEye, Inc. Change of Control Severance Policy for Officers 0000 XxXxxxxx Xxxxxxxxx Milpitas, CA 95035 Legal Process: FireEye, Inc. Attention: General Counsel 0000 XxXxxxxx Xxxxxxxxx Milpitas, CA 95035 Service of process may also be made upon the Plan Administrator. Type of Plan: Severance Plan/Employee Welfare Benefit Plan Plan Costs: The cost of the Policy is paid by the Company. Policy Eligible Employees have certain rights and protections under ERISA: They may examine (without charge) all Policy documents, including any amendments and copies of all documents filed with the U.S. Department of Labor, such as the Policy’s annual report (Internal Revenue Service Form 5500). These documents are available for review in the Company’s Human Resources Department. They may obtain copies of all Policy documents and other Policy information upon written request to the Plan Administrator. A reasonable charge may be made for such copies. In addition to creating rights for Eligible Employees, XXXXX imposes duties upon the people who are responsible for the operation of the Policy. The people who operate the Policy (called “fiduciaries”) have a duty to do so prudently and in the interests of Eligible Employees. No one, including the Company or any other person, may fire or otherwise discriminate against an Eligible Employee in any way to prevent them from obtaining a benefit under the Policy or exercising rights under ERISA. If an Eligible Employee’s claim for a severance benefit is denied, in whole or in part, they must receive a written explanation of the reason for the denial. An Eligible Employee has the right to have the denial of their claim reviewed. (The claim review procedure is explained above.) Under ERISA, there are steps Eligible Employees can take to enforce the above rights. For instance, if an Eligible Employee requests materials and does not receive them within 30 days, they may file suit in a fair federal court. In such a case, the court may require the Administrator to provide the materials and neutral mannerto pay the Eligible Employee up to $110 a day until they receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. Disputes If an Eligible Employee has a claim which is denied or ignored, in whole or in part, he or she may file suit in a state or federal court. If it should happen that an Eligible Employee is discriminated against for asserting their rights, he or she may seek assistance from the U.S. Department of Labor, or may file suit in a federal court. In any case, the court will decide who will pay court costs and legal fees. If the Eligible Employee is successful, the court may order the person sued to pay these costs and fees. If the Eligible Employee loses, the court may order the Eligible Employee to pay these costs and fees, for example, if it finds that the claim is frivolous. If an Eligible Employee has any questions regarding the designation Policy, please contact the Plan Administrator. If an Eligible Employee has any questions about this statement or about their rights under ERISA, they may contact the nearest area office of names to Appendix D the Employee Benefits Security Administration (formerly the Pension and Welfare Benefits Administration), U.S. Department of Labor, listed in the telephone directory, or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 000 Xxxxxxxxxxxx Xxxxxx, X.X. Washington, D.C. 20210. An Eligible Employee may be challenged also obtain certain publications about their rights and responsibilities under ERISA by either party within 30 days calling the publications hotline of designation and shall be submitted to an arbitrator for resolutionthe Employee Benefits Security Administration.

Appeal Procedure. If not satisfied 1. A tenured teacher who receives an overall rating of "ineffective" may appeal his/her Annual Professional Performance Review. 2. Within 10 school days after receipt of the written composite APPR the teacher may file an appeal with the above referenced decisionSuperintendent of Schools or his/her designee pursuant to the procedures set forth in this section. 3. Appeals must be in writing and will be limited to: a. The substance of the annual professional performance review; Including, but not limited to where a teacher is rated Ineffective on the student performance category but rated Highly Effective on the observation category based on an anomaly, as determined locally. b. The District's adherence to the standards and methodologies required for this type of review pursuant to Section 3012-d of the Education Law; c. The District's adherence to the Regulations of the Commissioner of Education and compliance with any applicable locally negotiated procedures; and/or d. The District's issuance and/or implementation of the terms of the improvement plan. 4. A written appeal must include the following: a. Teacher's name, school building assignment and position; b. The name of his/her immediate supervisor; c. The name of his/her evaluator and independent evaluator if applicable; d. The date the original summative evaluation was received by the teacher; e. The applicable evaluation period; f. A signed copy of the APPR being appealed; g. A detailed written description of the specific areas of disagreement over his/her performance review and any documents or materials relevant to the appeal; and h. The exact grounds upon which the appeal is based as specified in paragraphs 3 a-d above. 5. Failure to articulate a particular basis in the written appeal will be deemed a waiver of that basis. 6. Within 10 school days after receiving the written APPR appeal, the UAW Superintendent of Schools or his/ her designee will either review the appeal and issue a written decision or assign a supervisor or administrator, other than the evaluator who issued the APPR being appealed, to review the appeal and issue a written decision. The written decision will be provided to the teacher within 10 school days after receiving the written APPR. 7. Within 10 school days, after receiving the written response from the Superintendent or his/her designee, a tenured teacher who appealed an "ineffective" rating may elect in writing to have his/her appeal reviewed by an member of the panel of outside experts (" panel member"). In order to have his/her appeal heard by a panel member the teacher will file a written appeal with the Superintendent or his/her designee, who will forward the appeal to the first available panelist, on a rotating basis, within 7 school days. The HCTA and the District will agree upon a mutually acceptable list of experts to be included on the panel. 8. The panelists will be selected to handle an appeal from this list on a rotating basis. If a panel member is unavailable to handle a particular appeal, the next listed panel member will be selected. The cost for the services of the panel member will be borne equally by the District and the HCTA. 9. Within 10 school days after receiving the written appeal the panel member will complete his/her review of the appeal will issue a written recommendation. Within this 10 school day period, the panel member, at his/her discretion, may request a meeting with the District and the teacher in order to clarify issues related to the appeal. The teacher may request union representation during any meeting with the panel member. The panel member's review is limited to the original written appeal, the superintendent or his/her designee's initial determination, supporting papers submitted by the teacher and a response to the appeal by the teacher's evaluator. If the panel member recommends a modification to the teachers overall ineffective APPR rating he/she must provide the basis upon which the recommendation was made. 10. Within 7 school days after receiving the panel member's recommendation, a tenured teacher who appealed an "ineffective" rating may file a written appeal to the Superintendent of Schools. 11. Within 10 school days after receiving the written appeal the Superintendent of Schools or his/her designee will consider the written recommendation of the decision within five (5) business days after service of the panel member and will issue a final written decision. The appeal must specify Superintendent of Schools may not designate the unresolved issues, all relevant facts and evaluator or the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or same designee each will name a member to the Panel within five (5) business days of the receipt who handled any portion of the appeal by the Campus Labor Relations Officeprocess. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing written decision of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days Superintendent of the appointment of the third panel member. Said decision Schools or his/her designee will be final and binding on all parties and will not subject to Grievance and Arbitrationbe grievable, Article 11 of arbitrable or reviewable by a third party in any other forum. Nothing in this Agreement. The list set forth in Appendix D paragraph will be comprised deemed to limit the defenses of ten (10) names designated by a tenured pedagogue in the UAW and ten names designated by the Office context of the President. Each individual to be included on Appendix D must be a member NYS Education Law §3020-b disciplinary proceeding based upon a "pattern of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutionunsatisfactory teaching performance" and/or "pedagogical incompetence."

Appeal Procedure. If the faculty member does not satisfied with accept the above referenced Board's decision, he/she may request an appeal hearing. This request must be made in writing and transmitted to the UAW may file a written appeal Chairperson of the decision Board of Trustees, the President of the College, and the President of the MCCCFA within five (5) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five (5) business calendar days of the receipt of the appeal by the Campus Labor Relations Officeofficial notification of contract termination. The Dispute Resolution Panel will hold a appeal hearing no later than twenty must be held within fifteen (2015) business calendar days following the filing of receipt of the appealfaculty member's request. The Dispute Resolution Panel appeal hearing shall issue be conducted before a five-member panel consisting of two members of the administration, two members of the faculty and a fifth person selected by these four. In the event that the fifth member cannot be agreed upon, the panel shall request that the State Labor Mediation Board shall select the fifth member. The President of the College shall select the two members to be appointed to this special panel. The faculty member shall select two members of the faculty of his/her own choosing to this panel. This hearing would be closed except for counsel and such witnesses as may be deemed necessary. The fifth member of the panel shall be responsible for delivering the written decision to the faculty member within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business calendar days of the appointment conclusion of the third panel memberhearing. Said Any expense incurred in connection with the special hearing would be borne equally by the faculty member and the College. The decision will shall be final and binding. D. Procedure for Suspension of Faculty on Probationary or Continuing Contract The District reserves the right to suspend immediately, with pay, when any faculty member is charged with serious misconduct. The hearing as outlined in Step C-3 shall take place at the next scheduled meeting of the Board or within fourteen (14) calendar days provided that at least seventy-two (72) hours notice can be given to the Board members. The Chairperson of the Board of Trustees must furnish the faculty member a written decision of the results of the hearing within seven (7) calendar days. This decision shall be final and binding for faculty members on probationary contract. For faculty members on continuing contract procedures as contained in C-7 of this article will be followed. E. If procedures outlined in Sections B, C and D have been followed, then the decision and the termination of services under Sections B, C and D of a faculty member are not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutiongrievance procedure.

Appeal Procedure. If not satisfied A formal appeal procedure shall be available for a disciplinary action involving discharge, demotion, suspension, or reduction in pay. The conduct of the appeal hearing shall be as follows: The formal appeal shall be presided over by an administrative law judge on staff on the State Office of Administrative Hearings, hereafter referred to as the “ALJ”. The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law both procedural and substantive. In conducting the appeal hearing the ALJ shall follow the provisions set forth in section 11513 of the California Government code. Discovery prior to the appeal hearing shall be permitted in accordance with sections 11507.6 and 11507.6 of the above referenced California Government Code. A stenographic reporter shall report the appeal proceeding. However, upon consent of all the parties, the proceedings may be electronically reported. Within 30 days after the case is submitted to them, the ALJ shall prepare a proposed written decision to be submitted to the Fire Chief. Within 60 days of receipt by the Fire Chief of the ALJ’s proposed decision, the UAW Fire Chief may file a written appeal take any of the following actions: • Adopt the proposed decision within five (5) business days after service in its entirety. • Reduce of otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. • Make technical or other minor changes in the proposed decision and adopt it as the decision. The appeal must specify Action by the unresolved issuesFire Chief under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision. • Reject the proposed decision and refer the case to the same ALJ if reasonably available, all relevant facts otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, they shall prepare a revised proposed decision based on the additional evidence and the remedy requestedtranscript and other papers that are part of the record of the prior appeal hearing. The appeal A copy of the revised proposed decision shall be submitted furnished to Campus Labor Relationseach party and their attorney. Campus Labor Relations will immediately notify • Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation the parties of and the need to appoint panel membersFire Chief may decide the case upon the record without including the transcript. • The dispute Fire Chief’s decision will be submitted reduced to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW writing and the Chancellor or designee each will name a member to the Panel within five (5) business days of the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decision, they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding on the parties. The Fire Chief’s written decision shall be served on the parties in accordance with Code of Civil Procedure section 1094.6 and not the decision shall be subject to Grievance and Arbitration, Article 11 judicial review pursuant to Code of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office of the President. Each individual to be included on Appendix D must be a member of the Academic Senate on any of the University of California campuses, have expertise as a neutral in labor-management dispute resolution, and have expertise in matters of faculty governance. The parties reserve the right to annually amend the names each has respectively designated on Appendix D by September 1 of each year, and when a vacancy occurs. The Dispute Resolution Panel shall apply the terms of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and shall be submitted to an arbitrator for resolutionCivil Procedure section 1094.5.

Appeal Procedure. If not satisfied with the above referenced decision, the UAW (a) A candidate may file appeal a written appeal decision of the decision within five appropriate promotions committee (5University Promotions Committee for faculty employees except lecturers; the appropriate Faculty Promotions Committee for lecturers and Instructor employees; Library Rank Promotions Committee for professional librarian employees) business days after service of the decision. The appeal must specify the unresolved issues, all relevant facts and the remedy requested. The appeal shall be submitted to Campus Labor Relations. Campus Labor Relations will immediately notify the parties of the need to appoint panel members. The dispute will be submitted to a Dispute Resolution Panel, as defined herein. The Dispute Resolution Panel will be comprised of two campus specific members of the Academic Senate. The UAW and the Chancellor or designee each will name a member to the Panel within five Promotion Appeals Committee (5) business days of hereinafter known as the receipt of the appeal by the Campus Labor Relations Office. The Dispute Resolution Panel will hold a hearing no later than twenty (20) business days following the filing of the appeal. The Dispute Resolution Panel shall issue a written decision within five (5) business days following said hearing. In the event the Dispute Resolution Panel is deadlocked and cannot issue a decisionPAC), they will select a third person to join the Panel. This third panel member shall be selected from a list set forth in Appendix D on the date the decision is due. The three-member panel will then review the appeal. The three member Dispute Resolution Panel will issue its decision within five (5) business days of the appointment of the third panel member. Said decision will be final and binding and not subject to Grievance and Arbitration, Article 11 of this Agreement. The list set forth in Appendix D will be comprised of ten (10) names designated by the UAW and ten names designated by the Office consisting of the President. Each individual , a faculty member holding the rank of Full Professor appointed by the Association, and a third member to be included on Appendix D must chosen by these two who shall chair all meetings, hearings and other deliberations of this committee. The PAC shall be established by April 1 of each year. When a candidate is informed that his/her promotion has been denied, he/she shall also be informed of these appeal procedures and the name of the chairperson of the PAC. The PAC shall be governed by the following procedures in hearing such cases: (i) The appellant shall be allowed up to fifteen (15) working days, after being notified by the President that promotion was not approved, to prepare an appeal. (ii) The appellant may be assisted and/or represented by a member of the Academic Senate on bargaining unit. (iii) The PAC shall examine any evidence that the appellant or his/her representative wishes to present and shall conduct a hearing if it deems this to be necessary. (iv) The PAC may call for and is entitled to receive any other information that in its view is necessary to a proper review of the University of California campusesappeal, have expertise as a neutral except that no evidence shall be presented by the employer which has not been available to the appropriate promotions committee unless in labor-management dispute resolution, and have expertise response to new information raised by the appellant in matters of faculty governancehis/her appeal. The parties reserve chairperson of the right appropriate promotions committee shall be deemed to annually amend speak for that committee. (v) The PAC shall reach a decision by majority vote. If the names each has respectively designated decision is to uphold the appeal, either on Appendix D procedural or substantive grounds, the PAC shall decide whether to refer the matter back to the University Promotions Committee for reconsideration, or whether a de novo consideration of a candidate is required. If a de novo consideration is required the matter shall be referred to a differently constituted University Promotions Committee, the composition of which shall be determined by September 1 the PAC. (vi) If the PAC decides for reconsideration the chairperson of each year, and when the appropriate promotions committee shall call a vacancy occursmeeting of the appropriate committee within one (1) calendar month from receipt of a reconsideration decision. The Dispute Resolution Panel shall apply the terms subsequent decision of the contract and fashion a remedy where appropriate in a fair and neutral manner. Disputes regarding the designation of names to Appendix D may be challenged by either party within 30 days of designation and promotions committee shall be final and binding. (vii) In the event of the appropriate promotions committee denying the appeal the appellant shall be informed in writing of the reasons for the denial which shall include particular reference to the reasons submitted by the appellant in making the appeal. Page maintained by Xxx Xxxx Back to an arbitrator for resolution.Collective Agreement Index