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Merit Appeals Board <br />March 13, 2025 <br />the Board could order the parties to submit a proposed Order, proposed Findings of Fact and <br />Conclusions of Law —and then, with Mr. Halvorson's help and the Board, could then re —take <br />our two drafts and then the Board's draft —and come up with another draft. But that's how I <br />see the options that are available to the Board. <br />CHR. CABANAS: Okay, thank you. <br />MR. HONG: Thank you. <br />CHR. CABANAS: Any questions or comments, Board members, at this time? Mr. Halvorson, <br />can you please advise the Board or if we need to go into executive session to discuss further? <br />MS. BOND: Jim, you're muted. <br />MR. HONG: Jim, you're muted. <br />CHR. CABANAS: You're muted. <br />MR. HALVORSON: I'm sorry. Sorry about that —can you hear me now? <br />CHR. CABANAS: Yes, thank you. <br />MR. HALVORSON: This discussion about the Board exceeding its authority because of the <br />Collective Bargaining Agreement that was made between the Union and the Employer, during <br />the hearing on the merits they did not present that agreement. Why it was presented was the <br />testimony of the Director that says this is the reason that we overturned the recruitment. There <br />was nothing before the Board about any agreement other than that. <br />So, to the extent that they're now raising this they are raising this issue that this violated some <br />kind of agreement I think they waived it. <br />CHR. CABANAS: Could you elaborate a little bit more —who waived what? What did they <br />waive? <br />MR. HALVORSON: Their testimony concerning the reasons for overturning the recruitment <br />was from the Director of the Human Resources —and all she said was the reason they did it was <br />because the Union claimed we had not properly applied the 5% or the relative equal rule. There <br />was no evidence presented in terms of what the actual agreement with the Union was, so that <br />wasn't before the Board —and I don't think you were asked to rule on the validity of the <br />agreement. <br />CHR. CABANAS: No. <br />MR. HALVORSON: You were being asked to rule on the legitimacy of overturning the <br />recruitment and the reasons given by —for that, were given by the Director. <br />Page 10 <br />