HomeMy WebLinkAbout04.f Secure Arbitrator re Grievance ProcedureCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 2, 2010
subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S GRIEVANCE PROCEDURE
Submitted By: Initiating DeptJDiv.:
Cathryn R. Freitas, Human Resources Administration /Human Resources
Manager Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
1
L
C. reitas 9. My graves Jam . 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 two internal
employees the opportunity to proceed in the examination process for the Engineering Assistant
1 /II recruitment.
General Manager James M. Kelly held the Step Three Hearing on July 7, 2010. At this hearing,
the Union did not provide any specifics on how it concluded that the internal candidates met the
minimum qualifications and requested additional time to respond in writing. Mr. Kelly granted
two additional days to submit additional documentation. After reviewing relevant documents
and considering the evidence, Mr. Kelly concluded that the disqualification of these two
applicants was appropriate and the recruitment process was conducted in accordance with
Section 10.1 of the MOU, and Title 4 of the District Code.
Since the MOU stipulates that the grievance must be placed on the Board agenda "at the next
regularly scheduled Board meeting" and the H. R. Committee did not meet in August, 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 grievance appeal procedures.
CADocuments and Settings \cfreitas \My Documents \Eng. Asst gry Position Paper 09- 02- 10.doc