HomeMy WebLinkAbout03. Direct staff to secure services of arbitrator re grievance Page 1 of 2
Item 3.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: OCTOBER 15, 2020
SUBJECT: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S AND THE UNION'S GRIEVANCE
PROCEDURES
SUBMITTED BY: INITIATING DEPARTMENT:
TEJI O'MALLEY, HUMAN RESOURCES & OPERATIONS - POD - HUMAN RESOURCES
ORGANIZATIONAL DEVELOPMENT
MANAGER
Roger S. Bailey
General Manager
ISSUE
Pursuant to Article I 11, Section 2.5 of the Memorandum of Understanding (MOU) between the District and
Public Employees' Union, Local #1, when a grievance has been appealed to the Board of Directors, the
Board must employ an arbitrator to hear the matter and recommend action to the Board.
BACKGROUND
Due to the COVI D-19 pandemic, the District took several actions to protect employee safety while still
providing critical and essential services to the public. These actions included modified schedules for
several divisions that allowed for less staff onsite during any given shift. This also resulted in staff being
home for extended rotations, which was referred to as "reserve status."
Employees were assigned these modified schedules to minimize their time onsite and to also be available
on "reserve" to report to work, if they were needed. Employees received administrative leave pay while on
reserve status even though they were not performing District work. The District granted the administrative
leave to ensure no employee would be subjected to unpaid leave or be required to utilize their personal
accruals due to the implementation of these new schedules.
A grievance was filed by Local #1, on behalf of employees who were assigned to be on stand-by and were
called-out during the time that they were in reserve status (non-worked time). Local #1 contends that the
October 15, 2020 Regular Board Meeting Agenda Packet- Page 16 of 89
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affected employees should be paid administrative leave pay for their full work schedule even though they
did not work and, in addition, be paid for the time worked when they were called out.
General Manager Roger S. Bailey was the Hearing Officer at Step 3 of the grievance process. The
hearing was held on August 19, 2020, and Mr. Bailey allowed for both parties to present their positions on
this matter.After careful consideration, Mr. Bailey denied the grievance. I n response to the denial, Local
#1 has now filed a Step 4 grievance, which is considered the appeal to the Board of Directors.
ALTERNATIVES/CONSIDERATIONS
None.
FINANCIAL IMPACTS
The District and the Union equally share the cost of the arbitration hearing.Approximate costs are $3,000
per day, and hearings usually last between one to two days.
COMMITTEE RECOMMENDATION
This matter was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Direct staff to secure the services of an arbitrator in accordance with the District's and the Union's
grievance procedures.
Stratedc Plan Tie-In
GOAL FOUR: Workforce Development
Strategy 2—Foster relationships across all levels of Central San
October 15, 2020 Regular Board Meeting Agenda Packet- Page 17 of 89