HomeMy WebLinkAbout05.e. Arbitrator re POD Shift Scheduling grievance)Central Contra Costa Sanitary District
' BOARD OF DIRECTORS •
POSITION PAPER
Board Meeting Date: September 15, 2011
subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S GRIEVANCE PROCEDURE
Submitted By Initiating Dept. /Div.:
Christopher Ko, Provisional Human Administration Department/
Resources Manager Human Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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C. Ko R. Musgraves James M. Kelly,
General Manager
ISSUE: When a grievance 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 2.5.
RECOMMENDATION: Direct staff to secure the services of an arbitrator in accordance
with the District's grievance appeal procedures.
FINANCIAL IMPACTS: The District and the Union share the cost of the arbitrator and
court reporter for grievances. An estimated cost of these services is $3,000 per day, or
$1,500 per party.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Local One has filed a grievance against the District concerning
Operator personnel changes on shifts. The Union believes that the shift schedule is a
condition of employment, and therefore, the "meet and confer" process requires the
District to negotiate with the Union prior to implementation.
Director of Administration Randall M. Musgraves held the Step Three Hearing on July
13, 2011. At this hearing, the Union asserted that the District should meet - and - confer
with the union over changing personnel on shifts and the proposed action to be taken
before making such changes under Government Code Section 3500, more commonly
known as the Meyers - Milias- Brown -Act ( "MMBA "). Furthermore, the Union argues that
the MMBA defines meet and confer as negotiations between the two parties.
Mr. Musgraves concluded that District management has the ultimate responsibility to
ensure full and complete regulatory compliance as dictated by the Federal EPA, State
EPA and the San Francisco Regional Water Quality Control Board. Significant fines
can be levied by these regulatory agencies if violations occur. District management has
the right and responsibility to staff shifts in a manner that provides the appropriate skill
H: \Grievances\2011 \Local One \Shift Scheduling (POD) \Position Paper Arbitration 09- 15- 11.doc
POSITION PAPER
Board Meeting Date: September 15, 2011
Subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE
WITH THE DISTRICT'S GRIEVANCE PROCEDURE
set to ensure full regulatory compliance. These management rights are provided for in
the Shift Assignment Guidelines, in the Operator job descriptions, District Code — Title
IV, and in Article I, Section 2.2 of the MOU.
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator
in accordance with the District's grievance appeal procedures.
H: \Grievances\2011 \Local One \Shift Scheduling (POD) \Position Paper Arbitration 09- 15- 11.doc