HomeMy WebLinkAbout07. Direct staff to secure the services of an arbitrator in accordance with the appeal procedures set forth in Article III, Section 3.3 B-Appeal to Board of Directors of the Public Employees’ Union, Local #1 MOU Page 1 of 2
Item 7.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 21, 2023
SUBJECT: DI RECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR I N
ACCORDANCE WITH THE APPEAL PROCEDURES SET FORTH IN
ARTICLE III, SECTION 3.3 B-APPEAL TO BOARD OF DIRECTORS OF THE
PUBLIC EMPLOYEES' UNION, LOCAL#1 MOU
SUBMITTED BY: INITIATING DEPARTMENT:
TEJI O'MALLEY, HUMAN RESOURCES & OFFICE OF THE GENERAL MANAGER -
ORGANIZATIONAL DEVELOPMENT HUMAN RESOURCES
MANAGER
Roger S. Bailey
General Manager
ISSUE
Pursuant to Article I 11, Section 3.3 B of the Memorandum of Understanding (MOU) between the District
and Public Employees' Union, Local #1, when a 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.
BACKGROUND
Pursuant to Article I 11, Section 3.3 B-Appeal to Board of Directors, an employee may appeal disciplinary
action resulting in a dismissal, demotion, or suspension. An employee represented by Local #1 is
appealing disciplinary action resulting in their dismissal.
Per the Local #1 MOU, a hearing officer shall be designated by the General Manager. 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. In this instance, Deputy General Manager Phil Leiber was
appointed as the hearing officer and after an evaluation of the information presented at the hearing, Mr.
Leiber upheld the termination.
The termination can now be further appealed to the Board of Directors. Per the MOU, the Board shall
employ an arbitrator to hear the appeal and recommend action to the Board.
December 21, 2023 Regular Board Meeting Agenda Packet- Page 57 of 461
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The cost of the hearing shall be shared equally between the District and Local #1. Once the arbitrator has
been agreed upon by the District and Local #1 and the decision rendered, the Board may adopt, reject, or
modify the recommendation of the arbitrator. The decision of the Board is considered the final step in the
appeal process.
ALTERNATIVES/CONSIDERATIONS
None. The requirement to employ an arbitrator is mandated by the current MOU between the District and
Local #1.
FINANCIAL IMPACTS
The District and Local #1 equally share the cost of the arbitration hearing. Approximate costs are $5,000
per day, and hearings usually last between one to two days. This is not inclusive of any legal counsel or
staff time needed to process the appeal as this unknown at this time.
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 appeal procedures set forth in
Article 111, Section 3.3 B-Appeal to Board of Directors of the Public Employees' Union, Local #1 MOU.
Strategic Plan re-In
GOAL FOUR: Governance and Fiscal Responsibility
Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility
December 21, 2023 Regular Board Meeting Agenda Packet- Page 58 of 461