36.1 A grievance is any dispute which involves the interpretation or application of any provision of this MOU, excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. Any grievance will be terminated once an EEO complaint is filed on the issue being grieved.
36.2 Grievances shall be processed in the following manner:
(a) Step 1. Department Head and/or the Designated Representative
Any nurse who believes that he/she has a grievance may discuss the complaint with such management official in the department in which he/she works as the department head may designate. If the issue is not resolved within the department, or if the employee elects to submit the grievance directly to the Association recognized as the representative of his/her classification, the procedures hereinafter specified may be invoked, provided, however, that all complaints involving or concerning the payment of compensation shall be in writing to the HRD Director.
(b) Step 2. Employee Relations
Any nurse or any CNA official may notify Employee Relations in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. Such notification must be received within fourteen (14) calendar days from the date of the nurse’s or CNA’s knowledge of an alleged grievance. Any grievance involving demotion, suspension or dismissal must be received within fourteen (14) calendar days of the postmarked date of written notice from the County of such action. Employee Relations shall have 28 calendar days to investigate the merits of the complaint, meet with CNA officials, and settle the grievance. The period of time to investigate and settle the grievance may be extended by mutual agreement of the parties. No grievance may be processed under paragraph (c) below which has not first been filed and investigated in accordance with this paragraph (b).
(c) Step 3. Adjustment Board
If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, CNA may advance the grievance to an Adjustment Board by submitting a written request to the HRD Director no later than fourteen (14) calendar days of postmarked receipt of written notice from Employee Relations that the grievance is denied at Step 2. The Adjustment Board shall be comprised of two (2) representatives designated by CNA and 2 representatives designated by the County. Adjustment Boards shall be convened within 28 calendar days from the date notification from the Association is received.
(d) Step 4. Arbitration
If an Adjustment Board is unable to arrive at a majority decision, either CNA or the County may require that the grievance be referred to an impartial arbitrator, if within 14 calendar days of the date upon which the Adjustment Board hearing was held, the moving party notifies the other in writing of its desire to arbitrate. The question shall be submitted to an arbitrator mutually agreed upon by the parties or, failing mutual agreement, to that arbitrator who is selected by lot from an agreed upon panel. The fees and expenses of the arbitrator and of the court reporter shall be shared equally by CNA and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any.
36.3 Scope of Adjustment Board and Arbitration Decisions
(a) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County.
(b) No adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 35.1.
(c) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
(d) If the HRD Director in pursuance of the procedures outlined in 35.2 (b) above, or the Adjustment Board in pursuance of the provisions of 35.2 (c) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time.
36.4 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the HRD Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meet and confer process and if not detailed in the MOU which results from such meet and confer process shall be deemed withdrawn until the meet and confer process is next opened for such discussion.
No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and CNA.
CNA, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither CNA nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the County, nor to effect a change of personnel or operations of management or of employees not covered by this MOU.
36.6 County Charter and Civil Service Commission
(a) The provisions of this Section shall not abridge any rights to which an employee may be entitled under the County Charter, nor shall it be administered in a manner which would abrogate any power which, under the County Charter may be within the sole province and discretion of the Civil Service Commission.
(b) All grievances of nurses in representation units represented by CNA shall be processed under this Section. If the County Charter requires that a differing option be available to the nurse, no action under paragraph (b) of subsection 35.2 above shall be taken unless it is determined that the nurse is not availing himself/herself of such option.
(c) No action under paragraph (b) of subsection 35.2 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
(d) If any award by an Adjustment Board or arbitrator requires action by the Board of Supervisors or the Civil Service Commission before it can be placed in effect, the County Manager and the HRD Director will recommend to the Board or the Civil Service Commission, as appropriate, that it follow such award.