29.1 A grievance is defined as any dispute which involves the interpretation or application of any provision of this MOU, excluding 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 shall not be subject to the grievance procedure.
If an employee files an EEOC, DFEH or administrative EEO complaint with the EEO Coordinator, the issue will no longer be subject to this grievance procedure but will be processed in accordance with regulations or procedures governing the processing of said complaints. An employee may, however, file an EEOC, DFEH or administrative EEO complaint and may also file a grievance if the grounds for the grievance are not based on discrimination and/or sexual harassment.
29.2 The grievant is defined as the Association or the affected employee. The Association or any employee may file a grievance.
29.3 The grievance must be filed at Step 1 within twenty-eight (28) calendar days from the date of the employee’s knowledge of the alleged grievance. The grievant shall state the grievance in writing and the resolution desired.
Step 1. Department Head or Designee. The grievant may discuss the complaint with the department head or designee. The department head or designee shall provide the grievant a written or oral response within fourteen (14) calendar days from the grievance meeting. If the grievance is not resolved the grievant may move the grievance to Step 2 within fourteen (14) calendar days from issuance of the written or oral response from the department head or designee. However, all complaints involving or concerning the payment of compensation shall be in writing to the Human Resources Director. If the department head or designee does not provide a written or oral response within the fourteen (14) calendar day timeline, then the grievant may advance the grievance to Step 2.
Step 2. Human Resources Director. Any employee or official of the Association may notify the Human Resources Director 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 of the written or oral response of the department head or designee as described in Step 1. If appropriate, the parties will then schedule a grievance meeting. The Human Resources Director or designee shall have thirty-five (35) calendar days from the grievance meeting in which to investigate the merits of the grievance and to provide the grievant a written response. The County will notify the Association if a reasonable extension of this timeline is necessary, and the time limits may be extended by mutual agreement.
Step 3. County Manager or designee. The decision of the Human Resources Director, if not satisfactory, may be appealed to the County Manager or designee. Such notification must be received within fourteen (14) calendar days of the written or oral response of the Human Resources Director as described in Step 2. If appropriate, the parties will then schedule a grievance meeting. The County Manager or designee shall have thirty-five (35) calendar days from the grievance meeting in which to investigate the merits of the grievance and to provide the grievant a written response. The County will notify the Association if a reasonable extension of this timeline is necessary, and the time limits may be extended by mutual agreement. The decision of the County Manager or designee shall be final.
Nothing in this Section shall abridge rights afforded under the Peace Officers Bill of Rights.
29.4 No Strike
The Organization, 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 the Organization 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 of operations of management or of employees not covered by this MOU.
29.5 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. No action under section 29.1 – 29.3 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.