AFSCME & SEIU Extra Help MOU Section 20.2: Procedure

Grievances shall be processed in the following manner:

Step 1. Department Head and/or the Designated Representative

 

    1. Any extra-help employee who believes that he/she has a grievance may discuss his/her 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 extra-help employee elects to submit his/her grievance directly to the Union 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 Director of Human Resources.

Step 2. Director of Human Resources

 

    1. Any extra-help employee or any official of the Union may notify the Director of Human Resources 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 filed (as determined by postmark) within twenty-eight (28) calendar days from the date of the employee’s knowledge of an alleged grievance. The Director of Human Resources or his/her designated representative shall have twenty-eight (28) calendar days in which to investigate the merits of the complaint, to meet with the complainant and, if the complainant is not the Union, to meet also with the officials of the Union, and to 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).

Step 3. Adjustment Board and/or Mediation If a majority decision is not reached in the Adjustment Board, or, if the Adjustment Board is waived, either party may request Mediation prior to requesting Arbitration by submitting a written request to the Director of Human Resources within 14 calendar days from the date of the Adjustment Board, or within 28 days from the date the grievance is denied. Mediation will only be held by mutual consent of both parties. The Director of Human Resources shall assign a Mediator.

 

    1. If mediation does not result in a mutually satisfactory result, the Union may elect to advance the grievance to Arbitration without convening an Adjustment Board by following the procedures described in paragraph (d) below.
    2. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, the Union may advance the grievance to an Adjustment Board by submitting a written request to the Director of Human Resources within twenty-eight (28) calendar days from the date that the grievance is denied at Step 2. The Adjustment Board shall be comprised of two (2) representatives designated by the Union and two (2) representatives designated by the County. Either party may request that one member of the Adjustment Board for the other party not be a County employee. Adjustment boards shall be convened within twenty-eight (28) calendar days from the date such notification is received. A majority decision of the Adjustment Board on all issues, including procedural issues, is final and binding.

Step 4. Arbitration

 

  1. If an Adjustment Board is unable to arrive at a majority decision, the Union may advance the grievance to arbitration by submitting a written request to the Director of Human Resources within twenty-eight (28) calendar days after receipt of the Adjustment Board decision. When arbitration is invoked in a timely manner, an impartial arbitrator shall be designated by mutual agreement between the Union and the Director of Human Resources. The arbitrator shall determine the issue according to the laws and case law of the State of California. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the Union and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any.