2014-05-21 Merit Appeals Board Minutes

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Merit Board of Appeals May 21, 2014 itself is Bargaining Unit 03, under HGEA. For her it was a promotional opportunity and she should be filing a grievance. Ms. Rabago understands that the Department of Human Resources has allowed multiple paths. She could agree if they said the Appellant didn't qualify on the application or her 10 years of service didn't meet the minimum qualifications. Ms. Noda commented that out of a pool of applications, what would be fair— whether one or some of them have the option to do one path and the others do not. Ms. Rabago stated as far as she's concerned the Appellant can avail herself to the grievance process. If in this grievance process, the person from Florida is out, it's up to them to decide what they want to do—and they may come before this Board. But, we're talking about a bargaining unit member who has this right and this path. And that's the path she should be taking. Ms. Noda stated it's up to the Board if they would like to make a decision now or obtain input from one or both parties regarding the jurisdiction issue. Mr. Hermes stated that in situations where whether it's an external or internal application process, employees are applying from multiple, different bargaining units and backgrounds. The Merit Appeals Board and the internal complaint procedure is a more global and inclusive process where many applicants/complainants may have a voice and due process. The advice that they've given in the past is in the interest of everyone having the same place to show up and speak, if they need to on their own behalf. If they were to advise the opposite, in the case where there was multiple bargaining units, it would be a little problematic for them to administer, notwithstanding that there may be multiple grievances and grievance tracts from different bargaining units, but our predecessors may have found this to be the most inclusive. Chair Kuewa agreed with Mr. Hermes and what he's heard, however, he wasn't comfortable on making any decision because it's unclear what the jurisdiction issues or boundaries are. He feels that the Board should be provided an advisory by counsel who would be assigned to handle this appeal hearing. Ms. Noda clarified that the Board is not requesting that both parties have the opportunity to make a submittal on the jurisdiction issue, but would like the Board's counsel to do the legal research and to issue a legal opinion. Chair Kuewa replied in the affirmative. Ms. Noda informed the Board that the Board's counsel would be Mr. Julian White for appeal matters. Ms. Noda further stated that this Page 7