Section 30. Grievances
30.1. 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.
30.2. Grievances shall be processed in the following manner:
A. Step 1. Department Head and/or the Designated Representative
Any employee who believes that they have a grievance may discuss their complaint with such management official as their department head may designate. If the issue is not resolved within the department, or if the employee elects to submit their grievance directly to PDA, the procedures hereinafter specified may be invoked, provided, however, that all complaints involving or concerning the payment of compensation shall be in writing to Employee Relations.
B. Step 2. Employee Relations
Any employee or official of PDA may notify Employee Relations in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the remedy desired. Such notification must be received within twenty‑eight (28) calendar days from the date of the employee’s knowledge of an alleged grievance. Any grievance involving demotion, suspension or dismissal must be received within fourteen (14) calendar days of the above specified action. Employee Relations or a designated representative who in the case of a grievance alleging discrimination shall be the EEO Coordinator shall have twenty (20) workdays to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not PDA, to meet also with the officials of PDA and to settle the grievance. 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, PDA may advance the grievance to an Adjustment Board by submitting a written request to Employee Relations within twenty (20) working days from the date that the grievance is denied at Step 2. The Adjustment Board shall be comprised of two (2) representatives designated by PDA and two (2) representatives designated by the County.
D. Step 4. Arbitration
If an Adjustment Board is unable to arrive at a majority decision, the issue may be advanced to arbitration, if within twenty (20) working 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. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by PDA and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any.
30.3. 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, to the extent permitted by County Charter.
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 PDA and unless such dispute falls within the definition of a grievance as set forth in subsection 30.1.
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, 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 Employee Relations in pursuance of the procedures outlined in subsection 30.2 (B) above, or the Adjustment Board in pursuance of the provisions of subsection 30.2 (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.
30.4. Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with Employee Relations. 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 meeting and conferring process if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than sixty (60) days from the date upon which the complaint was filed.
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 PDA.
30.5. No Strike
PDA, 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 PDA nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of county management, nor to effect a change of personnel or operations of management or of employees not covered by this MOU.
30.6. County Charter and Civil Service Commission
A. The provisions of this Section shall not abridge any rights to which the 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 employees in representation units represented by PDA shall be processed under this Section. If the County Charter requires that a differing option be available to the employee, no action under paragraph (B) of subsection 30.2 above shall be taken unless it is determined that the employee is not availing himself/herself of such option.
C. No action under paragraph (B) of subsection 30.2 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 Human Resources Director will recommend to the Board of Supervisors or the Civil Service Commission, as appropriate, that it follow such award.