(a) Each agency will establish one or more performance evaluation appeals board(s) as appropriate within a given agency. Where there are distinct agency subdivisions (facility, institution, region, division, etc.), there shall be local performance evaluation appeals boards by such subdivision as appropriate, based upon agency organization and distribution of employees by bargaining unit. Each such board will consist of two voting members selected by management and a nonvoting representative of the local CSEA Chapter.

(b) The statewide Performance Evaluation Appeals Board will be a three-person panel established for the purpose of hearing and deciding upon appeals from ratings of Unsatisfactory. One member shall be selected by the director of the Governor's Office of Employee Relations; a second member shall be selected by the statewide president of CSEA; and the third shall be jointly agreed upon by both the director of the Governor's Office of Employee Relations and the president of CSEA. Additional boards may be created by mutual agreement as warranted by the number of appeals, subject to the approval of the Director of the Budget. The cost of establishing such board or boards and paying the services of the neutral person may be funded from appropriations available pursuant to article 21 of the Negotiated Agreements.

(c) In the event that appeals are upheld, both the agency and the statewide appeals boards shall be empowered to direct appropriate retroactive payments subject to available appropriations as approved by the Director of the Budget.