Appeals that have met jurisdictional requirements for the following adverse employment actions are forwarded to an arbitrator, if the appeal is not resolved through mediation:
- Lack of promotional consideration;
- Punitive reclassifications;
- Suspensions for 10 days or less; and
- Involuntary reassignments more than 30 miles.
To learn more, view An Appeal in the Mediation Arbitration Process Flowchart.
An arbitrator may uphold or overturn an agency’s decision.
For an arbitrator to overturn an agency’s disciplinary action, the appellant (the person who experienced the disciplinary action) must demonstrate that the agency’s decision to administer the disciplinary action was unreasonable. The arbitrator must issue a final decision in writing within 45 calendar days after the initial mediation conference. Under extenuating circumstances, the State Human Resources Director may extend this 45-day timeframe.
While witness testimony is not permitted in the arbitration phase of an appeal, both the appellant and the agency will be provided the opportunity to submit an issues statement and notarized affidavits to the arbitrator, if they choose.