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Unrepresented and non-union represented permanent employees may appeal the following directly to the board:
An employee may appeal the following to the board on exceptions to a Director's review determination:
If you are covered by a Collective Bargaining Agreement, you should talk to your union representative about your rights under the agreement.
When an appeal is filed with the board, a case number is assigned and a letter of acknowledgment is sent to the employee and the employing agency or institution.
Appeals are scheduled for hearing by the board as soon as possible based on the availability of the parties, their attorneys, or other representatives, and the number of appeals pending on the board's calendar.
The parties may request that the case be referred for mediation by agreeing to meet with a mediator in an attempt to resolve the appeal without a hearing. If an appeal is assigned to mediation, a mediator contacts the parties and conducts a mediation session. If the parties are unable to resolve the issues through mediation, the case is returned to the board and a date for the hearing is set, along with cutoff dates for completing discovery and filing motions and pre-hearing briefs.
When an appeal is scheduled for hearing by the board, the hearing may be conducted by one or more members. Hearings are ordinarily scheduled for an entire day. For complex appeals involving a number of witnesses, hearings may last two or three days. A majority of the board participates in the proceeding before a decision is entered. Therefore, when one member conducts a hearing, one or both of the other members review the recordings and exhibits from the hearing and participate in the decision on the appeal.
A written decision containing findings of fact, conclusions of law and the board's order is published and sent to the parties within a reasonable amount of time.