Post-Deprivation Hearing Procedure – UCLA Campus

 

This procedure is applicable when a grievance deriving from a collective bargaining agreement (“CBA”) is filed after the CBA expires and the grievance alleges the University suspended, demoted, medically separated, or dismissed a represented employee. Union grievances are not eligible for processing under this procedure.

An appeal to hearing may be made only after the timely exhaustion of the grievance procedure. If the decision of the designated University official at the last step of the Grievance Procedure does not resolve the grievance an employee may request a hearing thirty (30) calendar days of the date the final grievance response was issued, or if not issued, was due.

The appeal to hearing must be submitted within the thirty (30)-calendar day time limit to the Labor Relations Director at the address listed below, in writing, with a Proof of Service accompanying the appeal. The appeal shall specify the issues of the complaint and the requested remedy. The appeal to hearing may be submitted via U.S. Mail, email, or via personal delivery.

Anthony Solana, Jr.

UCLA Campus Human Resources

Employee & Labor Relations

10920 Wilshire Boulevard, Suite 200

Los Angeles, CA 90024

[email protected]                                

It is the responsibility of the employee to provide a current home address and home telephone number with the appeal, as well as the name, address and phone number of the employee’s representative, if any.

Procedure

The Labor Relations Director shall appoint a Factfinder (non-University Employee) within 90 calendar days of the appeal and notify the employee and the employee’s representative, if any, of the appointment of the Factfinder. Subject to the availability of the Factfinder, the employee and the employee’s representative, if any, shall be notified of available dates for the hearing which shall be arranged by the Labor Relations Director or designee. Requests to reschedule or cancel the hearing must be in writing to the Labor Relations Director. Requests submitted less than 7 calendar days before the date of the meeting must be for compelling reasons, and may be submitted to the Factfinder for adjudication.

The Factfinder shall conduct a hearing to determine the facts and to determine if the action was reasonable under the circumstances.

Each of the parties shall have the opportunity to call and examine witnesses and submit relevant documentary evidence at the hearing. Each party shall provide the other with relevant materials, including a written list of witnesses which either intends to introduce at the hearing. This material should be provided at least 7 calendar days prior to the hearing.

The hearing shall be closed unless both parties agree to an open hearing. In the absence of such an agreement, the hearing shall be closed to all persons other than the principal parties to the grievance, i.e., the supervisor and/or department head or designee, a representative on behalf of the University, the employee and the employee’s representative, if any.

The hearing shall be recorded by the University if no stenographic record is agreed upon by the parties in advance. The Facifinder shall not issue subpoenas for documents or witnesses or order a stenographic record. Either party may request a stenographic record, which shall be paid by the party requesting such services unless both parties agreed otherwise in advance. Copies of the stenographic report may be provided to a party only upon payment of one-half of the total costs of the stenographic services.

During the hearing, the parties shall each have the opportunity to present evidence and examine and cross-examine witnesses under oath or affirmation. Evidence may be oral or documentary. Offers of settlement or statements made in course of settlement discussions shall not be admissible.

Within 30 days of the hearing, the Factfinder shall file a report which shall contain the following information:

            - statement of the issue(s)

            - position of the parties

            - finding of facts

            - recommended decision

The report shall be forwarded to the designated administrator for consideration:

           

Dr. Lubbe Levin, PhD

Associate Vice Chancellor

UCLA Campus Human Resources

           

The University administrator shall take into consideration the Factfinder’s report and provide the reason(s) for accepting, modifying or denying the requested remedy and render a final decision. A copy of the decision shall be forwarded to the employee, the employee’s representative, if any, and the department head and University representative within 20 calendar days of receipt of the report.

Representation

The employee may be self-represented or may be represented by another person at the hearing. However, pursuant to the Higher Education Employer/Employee Relations Act (HEERA), the employee shall not be represented by an employee who is designated as managerial, supervisory or confidential.

Pay Status

The employee and the employee’s representative, if a member of a bargaining unit, shall be granted time off with pay during scheduled working hours for time spent at the hearing. Time spent by the employee and/or the employee’s representative outside of scheduled working hours is without pay. An employee who serves as a witness shall receive paid release time while testifying at the hearing. Travel time is not included.