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HomeMy WebLinkAboutMINUTES - 12052006 - C.64 i Y TO: BOARD OF SUPERVISORS �. CONTRA FROM: Lori Gentles, Assistant County Administrator- COSTA Director of Human Resources Bi s DATE: December 5, 2006 °*n cB'"Nfi �o COUNTY SUBJECT: Amending Memorandum of Understanding with the Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit for October 1, 2005 through September 30, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: n ADOPT the attached Resolution No. 2006/ amending the Memorandum of Understanding between Contra Costa County and the Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit, adopted by the Board of Supervisors on October 31, 2006 Resolution No. 2006/631, in part, to add: Section 23.2 Expedited Board of Adiustment. CONTINUED ON ATTACHMENT: YES SIGNATURE: ✓ RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �PPROVE _OTHER SIGNATURE(S); ,.rl ACTION OF BO DON / © APPROVED AS RECOMMENDED OTHER Y. VOTE OF SUPERVISORS X UNANIMOUS( AYES: NOES:_ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ABSENT: ASST N: ) COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE .--.AIN: SHOWN. r r1 a Orig.Dept: Human Resources Department ATTESTED cc: County Administrator JOHN B.CULLEN,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Public Employees Union,Local One Family and Children's Services (FACS)Site Supervisors Unit BY n ,DEPUTY M382(10188) I a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 5, 2006 by the following vote: AYES: I,II,III,V NOES:NONE ABSENT:NONE ABSTAIN:NONE DISTRICT IV,SEAT IS VACANT SUBJECT: AMEND the Memorandum of ) RESOLUTION NO. 2006/ 76 (Y Understanding with Public Employees ) Union, Local One Family and ) Children's Services (FACS) Site Supervisors Unit BE IT RESOLVED that the Board of Supervisors of Contra Costa County AMEND the Memorandum of Understanding (MOU) (copy attached and included as part of this document) between Contra Costa County and Public Employees Union, Local One Family and Children's Services (FACS) Site Supervisors Unit, adopted on October 31, 2006 Resolution No. 2006/631, in part, to add: Section 23.2 Expedited Board of Adjustment. I i I l I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Ong.Dept: Human Resources Department cc: County Administrator ATTESTED N County Counsel JOHN B.CULLEN,CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Public Employees Union,Local One Family and Children's J Services(FACS)Site Supervisors Unit BY .DEPUTY I RESOLUTION NO. 2006/ i' I I SECTION 23 - GRIEVANCE PROCEDURE i e. The Union and the County shall each pay one-half (1/2) the arbitrator's fees and costs. If a majority of the EBA approves the services of a court reporter and/or other special services, the Union and County shall each pay one-half (1/2) of such expenses. I Procedures a. The EBA shall convene on the fourth (0) Wednesday of each month unless otherwise scheduled. b. Unless the EBA agrees by majority action, it shall remain in session until all grievances on the agenda have been heard. c. All grievances properly filed which are postmarked, faxed, e-mailed or hand delivered no later than ten (10) working days prior to the next scheduled session shall be placed on the agenda for the next regular meeting. By majority vote, the EBA may upon request of the Union or the County waive this provision. d. The EBA may, upon the request of the Union or the County, continue a grievance until the next session. e. Attorneys shall not participate as Board members, advocates, or advisors in Board hearings. f. The Board at each regular session shall approve the minutes of the previous Board prior to considering the pending agenda. g. The location of meetings shall be a central location agreed to by the Union and the County. The Expedited Adjustment Board.is a trial program. The parties will continually assess the effectiveness of the program during the term of this MOU. If either the Union or the County concludes that the program is not effective or efficient, the Expedited Adjustment Board Program will be suspended upon written notification to the other party, and will be reviewed again during the next negotiation process of a successor MOU. The party suspending the program shall give the other party thirty (30) days written notice. The Board shall hear and rule on all grievances scheduled for a Board hearing within the thirty (30) day notice period. The party suspending the program shall pay any cancellation fee charged by the arbitrator. If either party suspends the program, all grievances covered by this section shall be processed in accordance with pre-existing grievance procedures. 23.3 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized LOCAL NO. 1, FACS SITE SUPERVISOR -46 - 2005-2008 MOU I y SECTION 23 - GRIEVANCE PROCEDURE shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 23.2 Expedited Board of Adjustment. If the parties are unable to reach a mutually satisfactory accord on any grievance of discipline involving suspensions, demotions, reduction in pay which arises and is presented during the term of this MOU, such grievance shall be submitted to the Expedited Board of Adjustment (EBA) in writing in accordance with procedures below. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 of the Grievance Procedure and filed within ten (10) work days of the written response of the Director of Human Resources or his/her designee. By agreement of the Union and the Director of Human Resources, grievances concerning contract interpretation may also be presented to the EBA. All grievances submitted to the EBA shall be resolved in accordance with the following procedures: Expedited Board of Adiustment (EBA) a. The EBA shall be composed of two (2) members named by the Union and two (2) members named by the County. The Union and the County shall each appoint two (2) alternates who shall serve as a voting member of the Board if a member is not available. A Union Alternate shall serve as a voting member when the appointed Union Board member is from the same Bargaining Unit or Department as the grievant and County Alternate shall serve as a voting member when a County Board member is from the same Department as the grievant. Each Board member shall serve for a twelve (12) month term except that one member and one alternate initially appointed by each side shall serve a six (6) month term so that Board member terms are staggered. b. The EBA shall establish a regular meeting date once a month, adopt rules of procedures governing its proceedings and adopt necessary forms to administer the procedures prescribed in this section. c. The parties shall choose an impartial arbitrator to serve as a tie-breaker when the EBA is deadlocked. If the parties are unable to agree on an arbitrator, they shall request a list of five (5) arbitrators from the State Mediation and Conciliation Service. The parties shall choose-an arbitrator by each striking two (2) names from the list. The arbitrator shall serve a one year term; however, the Arbitrator may be replaced at any time by agreement between the Union and the County. The arbitrator shall render an immediate decision if the Board is deadlocked. d. Decisions of the EBA or of the impartial arbitrator shall be within the scope of and shall not vary from the express written terms of the Agreement pursuant to Section 25.3 Scope of Adjustment Board and Arbitration Decision. LOCAL NO. 1, FACS SITE SUPERVISOR -45 - 2001-2005 MOU 1