AFSCME & SEIU Extra Help MOU Section 19: Reconsideration Process for Separation Due to Performance or Conduct Issues

Extra-Help Employees (including Limited Term Employees) are at-will employees, but have the right to the Reconsideration Process described in this section. In the event it is determined that the services of an extra-help, seasonal, periodic, or relief worker who has worked at least 1,386 cumulative extra-help hours in a given classification for the County will no longer be utilized due to concerns about his/her performance and/or conduct, written notice shall be provided to him or her at least nine(9) calendar days prior to the effective date of separation. This written notice shall include the reason for separation, and the right to union representation. Notice postmarked nine (9) calendar days before the effective date of separation to the extra-help employee’s address of record shall be sufficient notice.

The extra-help/seasonal/periodic/relief worker may request reconsideration of such action by submitting a written request including a statement of any facts to substantiate a reversal of the decision to his or her Department Head or designee. Such request for reconsideration must be received by the Department Head or designee prior to the date of separation. Should the decision of the Department Head or designee sustain the proposed separation, the union may take the matter to mediation through the Peninsula Conflict Resolution Center. Cost for the mediation will be shared equally among the union and the department. The department representatives at the mediation will be the manager and next level manager. The union’s representatives at the mediation are selected by the union. If the mediation does not result in an amicable resolution of the termination, within fourteen (14) calendar days of the close of the mediation, the extra-help/seasonal/periodic/relief employee may appeal the termination to the Director of Human Resources, whose decision shall be final.  In the event the reconsideration is not completed prior to the effective date of the separation, the extra-help employee shall be released pending completion of the reconsideration.

This section of the contract shall not apply to extra-help who are released due to any other reason, including but not limited to, lack of work, or the ending of time-specific projects or defined seasonal periods.