– Employee Relations Division. If a mutually acceptable solution has not been reached, the grievant shall submit the written grievance to the Employee Relations Division within five (5) working days of the receipt of written response of the Division/Section Head. The Director of Human Resources or designee shall meet with the grievant and/or representative to discuss the grievance. Following a review of the grievance with the appointing authority, the Director of Human Resources or designee shall have full and final authority on behalf of the County to mutually resolve the grievance with the employee/employee’s representative within ten (10) working days of the meeting with the grievant. Such notification shall be rendered in writing to the grievant, CNA and the appointing authority.
– Employee Relations Division. If a mutually acceptable solution has not been reached in Step 1, the grievant shall submit the grievance in writing on appropriate forms supplied by the Employee Relations Division which shall provide, in order to be considered, a detailed statement of the grievance, including the date of occurrence, names of witnesses or individuals involved, location, applicable Agreement Articles alleged to have been violated, date discussed with immediate supervisor, and the specific remedy or action requested. The written grievance shall be filed in triplicate with the Employee Relations Division within ten (10) working days of oral notification of the immediate supervisor’s decision. The Employee Relations Division shall make a determination of whether the grievance is a matter for which the Grievance Procedure is appropriate. In making such determination, the Employee Relations Division shall determine if: (1) the grievance has been filed in a timely manner; (2) the initial step has been followed; (3) the grievance contains the information required; and (4) if the grievance alleges that specific Memorandum of Understanding Article(s) have been misinterpreted, misapplied, or violated. The determination and notification to the grievant and SEBA will be made within five (5) working days of receipt of the grievance. If the Employee Relations Division determines that the grievance is not subject to this procedure, SEBA may appeal this decision directly to the arbitrator, in accordance with the provisions of this procedure, within five (5) working days. If objection is made to the procedural and/or substantive grievability of a grievance at this step or any other step of the grievance procedure it is expressly agreed that such objections to the procedural and/or substantive grievability of a grievance are preserved in any arbitration hearing and that no waiver will result from the subsequent processing and discussion of the grievance on the merits.
– Employee Relations Division. 62b. b. The Union and/or the grievant may appeal the Appointing Officer’s response to the Employee Relations Manager at the Employee Relations Division, in writing within ten (10) days. ERD may convene a grievance meeting within twenty (20) days with the grievant and the grievant’s union. The Manager shall respond to the grievance in writing within twenty (20) days of the meeting, or if none is held within twenty (20) days of receipt of the appeal. STEP 3 – ARBITRATION
– Employee Relations Division. If a mutually acceptable solution has not been reached in Step 1, the grievant shall submit the grievance in writing on appropriate forms supplied by the Human Resources Employee Relations Division. The written grievance shall be filed with the Employee Relations Division within ten (10) working days of oral notification of the immediate supervisor’s decision. In order to be considered, the grievance must contain the following information:
– Employee Relations Division. If a mutually acceptable solution has not been reached, the grievant shall submit the written grievance to the Employee Relations Division within five (5) working days of the receipt of written response of the Division/Section Head. The Director of Human Resources or designee shall meet with the grievant and/or representative to discuss the grievance. Following a review of the grievance with the appointing authority, the Director of Human Resources or designee, in consultation with the County Labor Relations Chief, shall have full and final authority on behalf of the County to mutually resolve the grievance with the employee/employee’s representative within ten (10) working days of the meeting with the grievant. Such notification shall be rendered in writing to the grievant, CNA and the appointing authority. Grievances, as defined in this Agreement, alleging violations occurring during the term of this agreement, which are not settled pursuant to the Grievance Procedure Article and which the Association desires to contest further, shall be submitted to arbitration as provided in this Article. Grievances shall only be advanced to arbitration by CNA.
– Employee Relations Division. 64. b. The Union may appeal the Appointing Officer’s response to the Employee Relations Director at the Employee Relations Division (“ERD”), in writing within ten (10) days. ERD may convene a grievance meeting within twenty
– Employee Relations Division. If a mutually acceptable solution has not been reached, SBPEA or the grievant shall submit the written grievance to the Employee Relations Division within five (5) working days of the receipt of written response of the Division/Section Head. Following a review of the grievance with the appointing authority, the Director of Human Resources or designee shall have full and final authority on behalf of the County to mutually resolve the grievance with the employee/employee’s representative within ten (10) working days of receipt of the written grievance of the employee. Such notification shall be rendered in writing to the grievant, SBPEA and the appointing authority.
– Employee Relations Division. If a mutually acceptable solution has not been reached, Teamsters or the grievant shall submit the written grievance to the Employee Relations Division within five (5) working days of the receipt of written response of the Division/Section Head. Following a review of the grievance with the appointing authority, the Director of Human Resources or designee shall have full and final authority on behalf of the County to mutually resolve the grievance with the employee/employee’s representative within ten (10) working days of receipt of the written grievance of the employee. Such notification shall be rendered in writing to the grievant, Teamsters and the appointing authority.
– Employee Relations Division. [begin addition] 61c. b. The Union may appeal the Appointing Officer’s response to the Employee Relations Manager at the Employee Relations Division, in writing within ten (10) days. ERD may convene a grievance meeting within twenty (20) days with the grievant and the grievant’s union. The Manager shall respond to the grievance in writing within twenty (20) days of the meeting, or if none is held within twenty (20) days of receipt of the appeal. [end addition] STEP 3 – ARBITRATION [begin addition] 61d. c. If the Employee Labor Relations Manager’s response is unsatisfactory, the Union may file a written appeal to arbitration. The appeal must be filed with ERD no later than fifteen (15) days following issuance of the Step 2 response. [end addition] [begin addition] 61e. d. Arbitrators shall be selected in the same manner as in non-disciplinary grievances. [end addition] Expedited Arbitration [begin addition] 61f. Grievances of disciplinary suspensions of not greater than fifteen (15) days, and contract interpretation grievances where the remedy requested would not require approval by the Board of Directors shall be resolved through an expedited arbitration process; however, by mutual agreement, the parties may move such matters out of the expedited arbitration process to regular arbitration procedures provided herein.
– Employee Relations Division. If a mutually acceptable solution has not been reached, the grievant shall submit the written grievance to the Employee Relations Division within five (5) working days of the receipt of written response of the Division/Section Head. The Director of Human Resources or designee shall meet with the grievant and/or representative to discuss the grievance. Following a review of the grievance with the appointing authority, the Director of Human Resources or designee shall have full and final authority on behalf of the County to mutually resolve the grievance with the employee/employee’s representative within ten (10) working days of the meeting with the grievant. Such notification shall be rendered in writing to the grievant, CNA and the appointing authority. HOURS OF WORK Nurses Unit Employees shall be required to work during such hours as necessary to carry out the duties of their position, as designated by the appointing authority, and such hours may be varied so long as the work requirements and efficient operations of the County are assured. Notwithstanding any other provisions of this Agreement, the County Administrative Officer may authorize overtime compensation at straight time or time and one-half rates at any time (including retroactively for emergencies as defined in Section 13.022(h) of the County Code) to be paid to any employee in order to carry out the intent of a Board-approved program, to respond to an emergency, or to compensate for hours of work performed above that normally expected of such employee. Employees in regular positions in this Unit are considered to be salaried for purposes of the Fair Labor Standards Act (FLSA). If, as a result of changes in legislation, federal regulations, or court decisions, employees are considered to be non-salaried, the County and CNA will meet and confer concerning changes to return the employees to salaried status. Deductions from the pay of employees in this Unit for disciplinary and other reasons shall be made in a manner consistent with FLSA regulations. For example, employees covered by this Article who are disciplined by a suspension without pay shall only receive such suspension in increments of one
