BARGAINING UNIT 6 CORRECTIONS - California Correctional ...

E. The State agrees that any Unit 6 member under investigation shall be granted an
opportunity to view the cell extraction videotape with his/her representative prior
to the related investigatory interview. Management can have a representative
present at the viewing to ensure the integrity of the tape, but the management's
representative shall not be so close as to intrude in a private communication.
F. The departments acknowledge their obligation to complete all Unit 6 personnel
investigations within twelve (12) months under the terms and exceptions of
Government Code Sections 3304 and 3309.5 inclusive. This Subsection 9.09 F. is
not arbitrable. The employee may, however, at any time utilize whatever remedies
may be available under POBR.
9.10 Requests for Reinstatement After AWOL Separation
A. An employee separated, pursuant to California Government Code Section
19996.2 (the AWOL statute), shall be afforded a Coleman hearing by his/her
Appointing Authority within ten (10) work days after service of the notice of
separation. The date of service is either the date of personal service or the date of
the mailing of the notice. Neither a failure to afford a Coleman hearing nor the
decision of the Coleman officer shall be subject to the grievance and arbitration
procedure of the collective bargaining agreement.
B. Requests for reinstatement after AWOL separation shall be handled solely
through the grievance and arbitration procedure of the collective bargaining
agreement, beginning at the third step.
If a request for reinstatement goes to arbitration, the arbitrator’s authority
shall be limited to deciding the following: (1) whether the employee has a
satisfactory explanation for his/her absence; (2) whether the employee has
a satisfactory explanation for failing to obtain leave; and (3) whether the
employee is ready, willing, and able to return to work, and/or, if not,
whether the employee has leave from his/her Appointing Authority to be
absent.
The arbitrator may order reinstatement only if the employee establishes
satisfactory reasons for the absence and the failure to obtain leave and if
he/she is ready, willing, and able to return to work or has leave to be
absent. If the employee is reinstated, back pay may be awarded.
9.11 Peace Officer Bill of Rights