HARRY HUGHES, Governor

3045

shall hold a conference with the aggrieved and/or his designated
representative and shall render a written decision to the
aggrieved within 15 days after the conclusion of the conference.

(5) If the dispute is still unresolved, the grieving
employee shall have the right to submit said dispute to either
arbitration or to the Secretary of Personnel. IF THE GRIEVING
EMPLOYEE SUBMITS THE DISPUTE TO THE SECRETARY OF PERSONNEL, A
HEARING OFFICER FROM THE DEPARTMENT SHALL CONDUCT THE HEARING IN
THE COUNTY IN WHICH THE GRIEVING INDIVIDUAL IS EMPLOYED. AT THE
DISCRETION OF THE SECRETARY, AND WITH THE CONSENT OF THE
GRIEVING EMPLOYEE, A HEARING OFFICER FROM THE DEPARTMENT MAY
CONDUCT A HEARING UNDER THIS SUBSECTION AT ONE OF THE REGIONAL
SITES DESIGNATED BY THE SECRETARY FOR HEARING GRIEVANCE DISPUTES
UNDER THIS SUBSECTION. In either case the appeal must be
submitted within 15 days after the receipt of the written
decision at step four. If the grieving employee chooses to have
his grievance heard by the Secretary of Personnel, the Secretary
shall render his written decision within 45 days after the
hearing is held by him or his authorized representative or within
45 days after all legal memoranda or briefs have been filed in
the grievance hearing. In the event of arbitration, the parties
shall select an arbitrator by mutual agreement. If they are
unable to reach a mutual agreement, an arbitrator shall be
supplied by the American Arbitration Association in accordance
with its procedures. Any fees resulting from arbitration shall
be assessed by the arbitrator equally between the two parties.
The decision of the arbitrator shall be advisory to the Secretary
of Personnel and no additional appeals or hearings may be
considered. The Secretary of Personnel shall make the final
decision which shall be binding on all parties. The written
decision of the Secretary shall be rendered within 15 days after
the receipt of the decision of the arbitrator.

(b)  The Secretary of Personnel shall have the power to
order an appointing authority to grant back pay in any grievance
and an appointing authority shall enforce any such order.

(c)  In any reclassification case in which the Secretary of
Personnel or his authorized representative determines that an
employee is entitled to back pay because the employee has been
misclassified or has been working out of classification, the
Secretary may, in his discretion, award back pay to the employee
for a period not to exceed one year prior to the initial filing
of the grievance.

(d)  If the step five hearing has been held and in that
hearing the initial determination was rescinded, no further
action may be taken against an employee with regard to the charge
that was considered in the hearing.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.