HomeMy WebLinkAbout04.f. Secure services of arbitrator re Scott Kahlor grievanceCentral Contra Costa Sanitary District
BOARD OF DIRECTORS �+ .
POSITION PAPER
Board Meeting Date: March 15, 2012
Subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S GRIEVANCE PROCEDURE — SCOTT
KAHLOR GRIEVANCE
Submitted By Initiating Dept. /Div.:
Christopher Ko, Human Resources Administration /Human Resources
Manager Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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C. KoR. Musgraves A. Farrell 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 for denying
Construction Inspector Scott Kahlor the opportunity to participate in the oral board for
Maintenance Supervisor. Although Human Resources staff determined that Mr. Kahlor
met the minimum qualifications for the position, he was not determined to be among the
most qualified group of candidates, and therefore, was not invited to the oral board
interview.
The General Manager appointed Director of Administration, Randall M. Musgraves, as
the Hearing Officer. The Step Three Hearing was held on January 27, 2012. At this
hearing, the Union stated that its interpretation of Article III, Section 10.1 is that if an
employee meets the minimum qualifications, he /she must be invited to the oral board.
The District disagreed and argued that the issue raised in this grievance has already
been the subject of previous grievances brought by Local One. In each case, the
District's procedures regarding the open /promotional process have been upheld, and
the grievances denied. The District's practice is that a screening committee will
C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \Position Paper
Kahlor 03- 15- 12.doc
POSITION PAPER
Board Meeting Date: March 15, 2012
Subject DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE
WITH THE DISTRICT'S GRIEVANCE PROCEDURE - SCOTT KAHLOR GRIEVANCE
evaluate the qualifications of each candidate who has met the minimum requirements
for this position. The highest- ranking candidates will be invited to participate in the
examination process. Applicants meeting the minimum qualifications are not
guaranteed advancement to the examination, and the decision of the screening
committee is final.
Mr. Musgraves concluded that the District has the right to determine the procedures
and standards of selection for employment and promotion under Article I, Section 2.2 —
District Rights of the MOU, and has demonstrated a 21 -year of consistent practice in its
application for internal candidates and all positions filled under the open competitive
process defined in Article III, Section 10.1.
This matter has been reviewed by the Human Resources Committee at its meeting on
March 8, 2012.
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator
in accordance with the District's grievance appeal procedures.
C:\ Users\ danderson \AppData \Local\Microsoft \Windows \Temporary Internet Files\ Content .Outlook \DVCG8C5G\Position Paper
Kahlor 03- 15- 12.doc