HomeMy WebLinkAbout04.i. Secure services of arbitrator re District's disciplinary procedure.Central Contra Costa Sanitary District
/Ja i ' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: August 4, 2011
subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S DISCIPLINARY PROCEDURE
Submitted By: Initiating DeptJDiv.:
Christopher Ko, Provisional Human Administration Department/
Resources Manager Human Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Cel\r 4 ale"
C. Ko R us aves ames M. Ily,
General Manager
ISSUE: When a discipline has been appealed to the Board level, the Board must
employ a neutral third party to hear the matter and recommend action to the Board in
accordance with the Memorandum of Understanding (MOU) between the District and
the CCCSD Employees' Association, Public Employees' Union, Local One, Article III,
Section 3.4.
RECOMMENDATION: Direct staff to secure the services of an arbitrator in accordance
with the District's discipline appeal procedures.
FINANCIAL IMPACTS: The District and the Union share the cost of the arbitrator and
court reporter. An estimated cost of these services is $3,000 per day, or $1,500 per
party.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Local One has filed an appeal on behalf of Maintenance Crew
Leader Jose Plascencia regarding the District's Notice of Intent to Suspend dated April
13, 2011.
General Manager James M. Kelly appointed Director of Administration Randall M.
Musgraves to be the Hearing Officer. Mr. Musgraves held the hearing on June 23,
2011, and upheld the proposed discipline.
Since the MOU stipulates that the appeal must be placed on the Board agenda "at the
next regularly scheduled Board meeting" and the HR Committee did not meet in July,
this matter is being sent directly to the Board without committee review.
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator
in accordance with the District's discipline appeal procedures.
H: \Grievances\2011 \Local One \Jose Plasencia Suspension \Position Paper Arbitration 08- 04- 11.doc