HomeMy WebLinkAbout12. Direct staff to secure arbitrator services in accordance with the District's Step Four Grievance Procedure Page 1 of 2
Item 12.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: OCTOBER 20, 2022
SUBJECT: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISTRICT'S STEP FOUR GRIEVANCE
PROCEDURE
SUBMITTED BY: INITIATING DEPARTMENT:
KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT
DISTRICT
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
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 Central San Employee's Association, Public
Employees' Union, Management Support/Confidential Group (MS/CG), Article VI I, Section 3.
BACKGROUND
Pursuant to Article VI I, Section A.3 - Fair and Impartial Hearing for Disciplinary Action and Dismissal of
Employees, an employee may appeal any disciplinary action consisting of a suspension, demotion, or
dismissal. An employee represented by MS/CG is appealing a disciplinary action resulting in a
suspension by the District.
Per the MS/CG MOU, the hearing officer shall be the Director of Administration and Finance. The hearing
officer may concur with the noticed disciplinary action, recommend a less severe disciplinary action, or
order the employee reinstated in cases of dismissal. After evaluation of the information presented at the
hearing, Director of Administration and Finance, Mr. Leiber, modified the discipline to a lesser suspension.
October 20, 2022 Regular Board Meeting Agenda Packet- Page 87 of 143
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The modified discipline can now be further appealed to the Board of Directors. Per the MOU, the Board
shall employ an arbitrator to hear the appeal and to recommend action to the Board.
The cost of the hearing shall be shared equally by the between the District and MS/CG. Once the
arbitrator has been agreed upon by the District and MS/CG and the decision rendered, the Board may
adopt, reject, or modify the recommendation of the arbitrator.
The decision of the Board is final.
ALTERNATIVES/CONSIDERATIONS
None. The requirement to employ an arbitrator is in the current MOU between the District and MS/CG.
FINANCIAL IMPACTS
The District and Union share the cost of the arbitrator and court reporter for grievances. An estimated cost
of these services is $5,000 per day. This is not inclusive of any labor counsel rates which are dependent
on the counsel and representation needed by the District.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Committee.
RECOMMENDED BOARD ACTION
Direct staff to secure the services of an arbitrator in accordance with the District's grievance procedures.
Stratedc Plan Tie-In
GOAL THREE: Workforce Diversity and Development
Strategy 4- Foster a culture of diversity, equity, and inclusion
October 20, 2022 Regular Board Meeting Agenda Packet- Page 88 of 143