Hearing Officer/State Personnel Board Hearing. The Board's scope of review shall be to determine whether or not term(s) of this Contract has/have been violated, and whether the Agency's action was taken in good faith and for cause. The Board shall decide the grievance in question based upon the issues presented in the written grievance filed pursuant to the grievance procedure. The Board may interpret relevant provisions of this Contract and apply them to the particular case presented to it, but the Board shall have no authority to add to, subtract from, or in any way modify the terms of this Contract or any agreements made supplementary hereto. The Board shall have the authority to order reinstatement and to award back pay. The fee and expenses of any hearing officer employed by the State Personnel Board shall be borne equally by the parties. In cases involving discipline, the agency shall present its case first and in all other cases the grievant shall present his/her case first. Hearing officers shall be selected from lists developed and mutually agreed upon by the parties. If the parties cannot agree upon a hearing officer, a method of alternate striking of names shall be employed.
Hearing Officer/State Personnel Board Hearing. The Board's scope of review shall be to determine whether or not term(s) of this Contract has/have been violated, and whether the Agency's action was taken in good faith and for cause. The Board shall decide the grievance in question based upon the issues presented in the written grievance filed pursuant to the grievance procedure. The Board may interpret relevant provisions of this Contract and apply them to the particular case presented to it, but the Board shall have no authority to add to, subtract from, or in any way modify the terms of this Contract or any agreements made supplementary hereto. The Board shall have the authority to order reinstatement and to award back pay. The fee and expenses of any hearing officer employed by the State Personnel Board shall be borne equally by the parties. In cases involving discipline, the agency shall present its case first and in all other cases the grievant shall present his/her case first. Hearing officers shall be selected from lists developed and mutually agreed upon by NAPE/AFSCME and the Administrator of the DAS Employee Relations Division. If the parties cannot agree upon a hearing officer, a method of alternate striking of names shall be employed. If a hearing officer was selected prior to the Step 3 appeal for an objection to discovery hearing pursuant to Section 4.9.5, the same hearing officer shall hear the Step 3 appeal.
