HomeMy WebLinkAbout04.i Hernandez GrievanceCentral Contra Costa Sanitary District •
' BOARD OF DIREC"~ORS ~`
POSITION PAPER
Board Meeting Date: August 5, 2010
Type of Action: HUMAN RESOURCES
subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S GRIEVANCE PROCEDURE
submitted By: Cathryn R. Freitas, Initiating Dept./Div.: Administration/Human
Human Resources Manager Resources Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
~ ~ ,~-
C. eitas graves a .Kelly,
eneral 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 $3000 per day, or
$1500 per party.
ALTERNATIVES/CONSIDERATIONS: None.
BACKGROUND: Senior Right of Way Agent Ricardo Hernandez has filed a grievance
against the District for harassment and retaliation.
General Manager James M. Kelly appointed Director of Administration Randall
Musgraves to be the Step Three Hearing Officer. Mr. Musgraves held the hearing on
May 18, 2010 and allowed the parties to submit additional documentation. The Union
took almost another month to collect its documentation and then the Engineering
Department was provided time to prepare a response. After much investigation and
research, Mr. Musgraves concluded there was no basis for a grievance and no
evidence or witnesses were presented to substantiate Mr. Hernandez's claims. The
Union has filed a Step Four appeal to the Board on Mr. Hernandez's behalf.
The Human Resources Committee reviewed this matter at its most recent meeting.
C:\DOCUME-1\eboehme\LOCALS-1\Temp\hernandez step 4 ppr 7-21-10_1.doc
POSITION PAPER
9oard Meeting Date: August 5, 2010
Subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S GRIEVANCE PROCEDURE
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator
in accordance with the District's grievance appeal procedures.
C:\DOCUME-1\eboehme\LOCALS-1\Temp\hernandez step 4 ppr 7-21-10_1.doc
_~ Public Employees Union, Local One
THE UNION FOR PUBLIC EMPLOYEES
ORGANIZED 1941
Mailing Address: PO Box 6783, Concord, CA 94524-1.783 • Union Hall: 5034 Blum Road, Martinez
Phone: (925) 228-1600 • Toll Free: 1-800-585-0054 • Fax: (925) 228-1099
www.peul.org • info@peul.org
July 20, 2010
Ms. Elaine Boehme SENT VIA U.S. MAIL AND FAX (925) 676-7211
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
RE: Elevation of Ricardo Hernandez Grievance to Step IV
Dear Ms. Boehme:
This correspondence is to request that the grievance matter filed by Public Employees Union, Local One
(Local One), on the behalf of our member Mr. Ricardo Hernandez's be scheduled per the terms of the
Article III, Section 2.5, Step Four, before the Board.
I can be reached at 925-228-1600 x581, should you have any questions.
Sincerely,
/' ~ _ .
Scott Brown
Senior Business Agent
Public Employees Union, Local One
c: Mr. Ricardo Hernandez, Member
Mr. David Rolley, President, CCCSD Unit
Mr. Rollie Katz, Supervising Business Agent
Mr. Curtis Swanson, HR Manager, CCCSD
Ms. Ann Farrell, Director of Engineering, CCSD
Ms. Cathryn Freitas, ES Division Manager, CCCSD
Lxlependrn[ Union L.nhor
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