HomeMy WebLinkAbout13. Adopt, reject or modify the recommendation of the arbitrator in response to the appeal of disciplinary action filed by an employee represented by the Management Support/Confidential GroupItem 13.
BOARD OF DI RECTORS
POSIT ION PA PER
M E E T ING D AT E:MAY 4, 2023
S UB J E C T: A D O P T, R E J E C T O R MO D I F Y T HE R E C O MME ND AT I O N O F T HE
A R B I T R ATO R I N R E S P O NS E TO T HE A P P E A L O F D I S C I P L I NA RY A C T I O N
F I L E D B Y A N E MP L O YE E R E P R E S E NT E D B Y T HE MA NA G E ME NT
S UP P O RT /C O NF I D E NT I A L G R O UP
S UB M I T T E D B Y:
T E J I O'MA L L E Y, HUMA N R E S O UR C E S A ND
O R G A NI Z AT I O NA L D E V E L O P ME NT
MA NA G E R
I NI T I AT I NG D E PART M E NT:
O F F I C E O F T HE G E NE R A L MA NA G E R -
HUMA N R E S O UR C E S
R oger S . B ailey
General Manager
IS S UE
Pursuant to Article V I I , S ection A.4 of the Memorandum of Understanding (MO U) between the District and
the Management Support/Conf idential Group (MS/C G), when disciplinary action has been appealed to the
Board of Directors, the Board must employ an arbitrator to hear the matter and recommend action to the
Board. T he B oard may adopt, reject, or modif y the recommendation of the arbitrator, and the decision of
the B oard is the final action in the grievance process and no f urther appeals can be made by MS/C G.
B AC K G RO UND
An employee represented by MS /C G has appealed a disciplinary action resulting in a suspension by the
D istrict.
Phil L eiber, Director of A dministration and F inance, was the Hearing Officer at the f irst step in the appeal
process. T he hearing was held on J une 28, 2022, and Mr. L eiber allowed f or both parties, staf f and the
union, to present their positions on this matter. After evaluation of the inf ormation presented at the hearing,
Mr. L eiber modif ied the discipline to a lesser suspension. I n response to discipline not being entirely
rescinded, MS/C G progressed the appeal to the next step, which was heard by an arbitrator.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 97 of 218
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Arbitrator J ohn True I I I heard the grievance on J anuary 10, 2023, and the decision was issued on March
10, 2023. I n summary, Mr. True determined that a suspension was not warranted and has advised the
Board to reduce the discipline to a verbal warning with a discussion record pursuant to Article V I I , S ection
A.1.a of the MS /C G MO U.
ALT E RNAT I V E S /C O NS I D E RAT IO NS
None.
F I NANC IAL I M PAC T S
T he District and MS /C G equally share the cost of the arbitration hearing. T he District’s share is $3,200.
C O M M I T T E E RE C O M M E ND AT IO N
T his matter was not presented before a Board Committee.
RE C O M M E ND E D B O ARD AC T I O N
Adopt, reject or modify the recommendation of the arbitrator in response to the appeal of disciplinary
action f iled by an employee represented by the Management Support/Conf idential Group.
Strategic Plan Tie-I n
G O A L TH R EE: Workforce Diversity and D evelopment
Strategy 2 - Engage employees and conduct labor relations in a transparent, effective and collaborative environment
May 4, 2023 Regular Board Meeting Agenda Packet - Page 98 of 218
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