2014-05-21 Merit Appeals Board Minutes

Home

Merit Board of Appeals May 21, 2014 Chair Kuewa stated that the Appellant has already gone through the internal complaint process. In her e-mail, which is Communication No. 14-01.2, she also has a grievance hearing as well as EEOC for mediation (SEE ATT. E). So, she's going through three channels. He asked whether this was allowed or prohibited. Is there a provision that prohibits someone from doing multiple or simultaneous channels on the same issue? If an employee is allowed to go through multiple processes simultaneously, does this Board have the authority to dismiss their using the Merit Appeals Board process. Ms. Noda replied that that's the motion to dismiss in one, two, or three of the venues. According to the Appellant's e-mail, her grievance step is at the preliminary stage of Step I, whereas, before this body it's at the final unless there's an appeal to circuit court and the decision. Mr. Nahuina stated that when this position was posted, it wasn't posted as a promotion worldwide. It was posted as a vacant position. The Appellant was applying for it—not as a promotion, but as a person qualified for the vacant position, although it is a promotion for her because it's not a lateral change. Mr. Nahuina further stated that the Appellant applied for an open position, but at the same time, is trying to fall back on her time spent and experience within the system, and claiming that it's a promotion. She's using the union, Merit Appeals Board, and the grievance procedures. She needs to decide what her real issue is—she doesn't have union representation, therefore, should she come to the Merit Appeals Board? Chair Kuewa commented on the "promotion" term. He considers the Appellant an applicant, like all of the others who applied. If she's selected, the nature of the action would be a promotion, but until she's actually selected and promoted— this is not a promotion action. It's an application. Ms. Rabago stated that the Appellant applied for a position, she qualified, and she was a candidate for the position. Whether or not 100 people applied from the outside, they were all candidates for the position. For this particular person, this was a promotional opportunity from a Clerk I to a Clerk II. Ms. Rabago directed the Board to its Rule 104-3(a) which states, "The Board shall not act on an appeal but shall defer to other authority if the action complained of constitutes a prohibited act that is subject to the jurisdiction of another appellate body or administrative agency or the grievance procedure under a collective bargaining agreement." The Appellant is a bargaining unit member. The position Page 6