HomeMy WebLinkAboutRESOLUTIONS - 12052006 - 2006-768 TO: BOARD OF SUPERVISORS
{�. CONTRA
FROM: Lori Gentles, Assistant County Administrator-
Director of Human Resources Vii. ,+As, COSTA
DATE: December 5, 2006 `�'*a so= COUNTY
E
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)S BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached Resolution No. 2006/ �7(0g, , 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 Adjustment.
CONTINUED ON ATTACHMENT: �S SIGNATURE:
----RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
,�PPROVE _OTHER
SIGNATURES : //,ll
ACTION OF BO �DN (J/ 0 APPROVED AS RECOMMENDED OTHER _
Y
VOTE OF SUPERVISORS
X UNANIMOUS(
AYES: NOES:_ 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
ABSENT: ABST N: ) COPY OF AN ACTION TAKEN AND ENTERED ON THE
1i 4� MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
_/_ AIN: SHOWN.
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 n
BY (v DEPUTY
M382(10188)
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 1Y
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 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. � _
Orig.Dept: Human Resources Department (/ /���_ 6 p C
cc: County Administrator ATTESTED N "'1/"��... .J
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
Services(FACS)Site Supervisors Unit
BY � � .DEPUTY
RESOLUTION NO. 2006/ �6�
♦ _ ti
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 Adiustment. 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 Adjustment (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