HomeMy WebLinkAbout07.a. Secure services of arbitrator for discipline appeal7a.
Central Contra Costa Sanitary District
August 26, 2011
TO: HONORABLE BOARD OF DIRECTORS
VIA: JAMES M. KELLY, GENERAL MANAGER
FROM: RANDALL M. MUSGRAVES, DIRECTOR OF ADMINISTRATION R
CHRISTOPHER KO, PROVISIONAL HUMAN RESOURCES MANAGER CAJ
SUBJECT: JOSE PLASCENCIA DISCIPLINE APPEAL
At the August 4, 2011 Board meeting, Local One President David Rolley and Vice
President Rick Hernandez provided public comments on the above issue. The Board
requested additional information.
Mr. Rolley has submitted a written discussion regarding the proposed discipline. The
District's position has been not to discuss proposed discipline in Open Session. A
Closed Session has been scheduled for the Board to review and discuss the
circumstances and proposed discipline.
District Labor Counsel will be at the Board meeting to discuss the grievance process
with the Board. This is an Open Session matter and discussion.
cc: Daniel Clinton, District Labor Counsel
Ia.
UNION'S ARGUMENT IN FAVOR OF INSTRUCTING MANAGEMENT TO IMPOSE A MORE
REASONABLE DISCIPLINE IN THE CASE OF JOSE PLASCENCIA
While we believe Mr. Plascencia bears some culpability, there were several factors that
contributed to the overflow. Most of them were out of the control of Mr. Plascencia. For the
following reasons we feel the discipline should be voluntarily reduced by the District.
One of the previous homeowners removed the overflow prevention device to make way for a
home addition.
The line that was plugged up with debris was once on the "problem list ", which meant it was
serviced every six months. For some reason, people above Jose removed the line from the
problem list, which meant it would only be serviced once every five years. This allowed roots
and debris to accumulate in the line.
There are no written Standard Operating Procedures in CSO. Procedures are passed down
verbally. This lends itself to inconsistent understanding of information. Also, there has been
no one person in charge of CSO for over a year, as Management has decided to rotate
potential Directors through that position on a trial basis.
Jose was working with at least one temporary employee, which meant part of his attention was
consumed with watching over the temp.
Jose first tried to dislodge the debris from the downhill side, but circumstances prevented it.
Jose's primary concern was to prevent water from flowing into the street, which would have
subjected the District to a violation. The area was inaccessible for a rodder truck.
Sewage was likely already flowing into the home before Jose even arrived at the scene.
The District's relatively recent decision to employ hydro -flush means that blow -back into
houses has become common. This has given rise to the term "popping toilets ", and has the
potential of jading employees to the seriousness of sewage in houses.
Such a stiff discipline is having a chilling effect on the rest of the CSO employees, as they now
fear an error in judgment will bring them to one step before termination.
Jose has displayed genuine deep remorse for several months over the incident to the point
where his supervisors were worried about him.
A similar case in 2000, where a CSO employee left a device in a sewer line, resulted in a
house being damaged to the tune of $300,000. This made the newspaper, and yet no
discipline at all was issued. There should not be these two wild extremes.
Avoiding arbitration will save the rate payers considerable money, and will prevent both parties
from being embroiled in this matter at the same time we are in negotiations.
David Rolley, President, ent, P&J Local #1