MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620

SECTION 43. Grievance Procedure

Subsection 1. Purpose

A. To promote improved employer-employee relations by establishing that grievances shall be heard and settled as informally as possible and as promptly and as closely as possible to the point of origin.

B. The Union agrees to encourage an employee to discuss his grievance with his immediate supervisor. The immediate supervisor will, upon request of an employee, discuss the employee's complaint and attempt to adjudicate same at a mutually satisfactory time.

Subsection 2. Grievance, Defined

A. A grievance shall be defined as a claim by an employee or group of employees adversely affected by an alleged violation, misinterpretation or misapplication of Memoranda of Understanding, department-wide policy or practice or County rules, regulations, resolutions, ordinances, or sideletters of agreement applicable to the employee except the following issues that provide their own means of administrative review:

1. Appeals of disciplinary actions and appeals relating to Civil Service examinations shall be filed and processed pursuant to Santa Barbara County Civil Service Rules.

2. Complaints relating to discrimination, occupational health and safety,
Worker's Compensation, and Retirement Board matters shall be processed pursuant to established County complaint procedures in these areas.

B. The Union recognizes management's right to establish policies governing the operation of the County departments. However, allegations also subject to the grievance procedure are those in which the complaint concerns as inconsistent application of policy where the inconsistency results in a denial of the employees' rights under those policies defined in "A" above.

Subsection 3. Basic Rules

A. The procedure in this section shall be the exclusive means for the disposition of all written grievances arising under this Memorandum, and the County shall not be liable to the Union or to any employee in any respect except as may be determined under said procedure.

B. Any employee (meaning a grievant), as that term is defined above, may file a grievance or may authorize by signature the filing of grievance on his behalf without fear of restraint, interference, coercion, discrimination or reprisal.

C. Union stewards shall not be discriminated against in their employment relationship because of their activity in the investigation and processing of grievances on behalf of other employees. This section shall not be construed to confer any special privileges to Union stewards nor to relieve them of their obligation to fully perform all of the duties of their County position in a timely and competent manner.

D. Formal grievance forms shall be made available to the employee through the Human Resources Department, other County departments and the Union, and all formal grievances shall be submitted on these forms. Any changes in the form shall be by mutual agreement.

E. Formal grievance forms shall be complete upon filing and must explicitly specify the policy or the particular section of the agreement, rule, resolution, or ordinance, the violation of which is being alleged as the basis for the grievance. The remedy requested must also be specified. No modifications in the violation being alleged shall be made subsequent to filing unless mutually agreed to by both the County and the grievant, or his Union Representative.

F. The employee has the right to the assistance of one Union steward in addition to the Union staff representative in the preparation and/or presentation of his written grievance. An employee is also entitled to represent himself individually at any step of the formal grievance procedure, provided, however, supervisory employees shall not represent non-supervisory employees where such activity results in a conflict of interest and further provided that the employee may not change his designation of representation other than designating himself during the grievance procedure. In the event the Union determines there is no violation or the proposed settlement is just, the Union is not under an obligation to represent a grievant beyond Step 3 of this procedure.

If the employee is represented in a formal grievance meeting, the department may designate a management representative to be present in such meeting.

G. The grievant may withdraw the grievance at any stage of the formal grievance procedure by affixing his signature in the proper space on the Human Resources Department's copy of the grievance form which shall then become a part of the Human Resources Department's records.

H. If the employee's grievance is resolved at Step 1, 2, or 3 in the formal grievance procedure, as provided in subsection 7, the matter will be closed and the grievance resolved at that step. The grievant(s) concerned shall indicate acceptance of the resolution of the grievance by affixing his signature in the appropriate space indicated on the Human Resources Department's copy of the formal grievance form.

I. By mutual agreement, the parties may revert the grievance to a prior level for reconsideration. In such an event, the grievant shall have the rights of appeal set forth in this section, if the grievance is not settled at the prior level.

J. Employees with common supervision and with essentially identical grievances, including remedy, may initiate a single grievance. Employees with essentially similar grievances may be required, at the County's discretion, to consolidate to a single proceeding at Steps 3 through 6 of the formal grievance procedure.

K. By mutual agreement, the parties may waive any step of the grievance procedure included in subsection 6 or 7.

L. All terms used herein will have the meaning as defined in the County's Employer-Employee Resolution when used in connection with this document, unless the context indicates or dictates otherwise.

Subsection 4. Time Off for Processing of Grievances

The grievant and/or his Union steward shall be granted reasonable time off with pay from regularly scheduled duty hours to process a grievance, provided that the time off will be devoted to the prompt and efficient investigation and handling of grievances, subject to the following:

A. Any grievant or his representative, when said representative is a County employee, shall not log compensatory time earned or premium pay time for any time spent in the processing or investigation of a grievance.

B. When a grievant's Union Representative is a steward, the representative shall be employed in the same work unit or location as the grievant. When it is impossible to meet the foregoing condition, a grievant's representative who is a steward may be employed outside the same work unit or location, provided that said representative is no longer than thirty (30) minutes away, by the most practical and common mode of transportation, from the grievant's work location. This time limit may be waived by mutual agreement when the grievant is assigned to a remote work location. In no case shall County vehicles be used for transportation in connection with the processing of grievances, nor will reimbursement be considered for use of private vehicles.

C. Before performing any grievance work during scheduled duty hours a grievant or a grievant's steward shall obtain permission from his supervisor and shall report back to his supervisor when the grievance work is completed.

D. A grievant or grievant's steward shall not leave his job to perform any grievance work unless his supervisor determines that his absence will not unduly interfere with the work of the unit in which he is employed. However, every reasonable effort will be made to grant such time off within two (2) working days and shall not be unreasonably denied for a period longer than three (3) days.

E. When a grievant or any Union Representative must go into a section, department, or work unit to investigate or process a grievance, he shall be permitted to do so provided that:

1. He explains the purpose of his visit, who he is visiting, and checks in and checks out with the supervisor on the section, department, or work unit, and

2. Such investigation or processing does not unduly interfere with the work of the section, department, or work unit. However, an effort will be made to grant such access within two (2) working days and shall not be unreasonably denied for a period of longer than three (3) working days.

3. Management retains the right to have a County representative accompany a Union Representative when he is granted access to County work sites.

F. A County employee who has direct first-hand knowledge of the event giving rise to the grievance and whose testimony is necessary in establishing the facts of a particular grievance may be called as a witness in a formal grievance hearing. If the grievance hearing is held during the employee witness's work schedule, the attendance of such witness at the grievance hearing shall be conditional upon:

1. Providing 48 hours' notice to their department of their proposed attendance;

2. Such proposed attendance not unduly interfering with the operation of the department;

3. Needed witnesses up to 3 may attend mutually called formal grievance hearings on paid County time to present their testimony when necessary.

Subsection 5. Time Limits

A. Time limits specified in Subsection 7 may be extended by mutual consent, in writing, of the grievant and/or the Union Representative, and the County.

B. Failure by a grievant or the Union Representative to file an appeal within the specified time limits provided in Subsection 7, unless extended, shall constitute acceptance of the decision rendered at the lower level and the grievance shall not be subject to further appeal or reconsideration.

C. Failure by management to respond to the employee's grievance within the time limit specified automatically grants to the employee or his representative the right to process the grievance to the next level.

Subsection 6. Informal Procedure

Any employee having a grievance should verbally present same directly to his supervisor in an effort to clarify the grievance and mutually achieve settlement. The initial presentation should be without the benefit of representation; however, one (1) subsequent presentation may be made with the benefit of representation.

The departmental management has the responsibility to:

A. Inform an employee of any limitation of the department's authority to fully resolve the grievance; and

B. Supply the employee with the necessary information to process his grievance to the proper agency, organization, or authority.

Subsection 7. Formal Procedure

Step 1: Immediate Supervisor

An employee may submit a formal grievance, on forms provided by the County as provided in Section 3, paragraph B, by filing one copy with his immediate supervisor and one copy with the Human Resources Department not more than ten (10) working days from the date of the action or incident claimed to be the basis for the grievance, or not more than ten (10) working days from the date of discovery of such action or incident, but in no event shall any grievance be accepted for consideration more than one year from the action or incident claimed as its basis regardless of the date of discovery. If the grievance is not presented within the time limitation herein provided, it shall be deemed not to exist. Within seven (7) working days of receipt of the grievance, the immediate supervisor shall deliver his written decision to the grievant. Any grievance settled at this step shall be subject to the review and confirmation of the respective department head before the settlement may become effective. Such review will occur within seven (7) working days or the grievance shall automatically be moved to Step 2. In the event the department head does not confirm the settlement, the grievant may initiate Step 2 of this procedure.

Step 2: Department Head-Management Review

A. If a grievance is not settled or an answer is not forthcoming, the grievance may be appealed in writing within seven (7) working days from the receipt of the decision of the immediate supervisor or his/her failure to respond to the department head.

B. Within ten (10) working days of receipt of the grievance, the department head or his/her designee shall deliver his/her written decision to the grievant.

Step 3: County Executive Officer

If the grievance is not settled or an answer not forthcoming, the grievant and/or the Union Representative may appeal, in writing, within seven (7) working days from the receipt of the decision of the department head or within seven (7) working days from the expiration of the time limit for such decision under Step 2, to the County Administrator. Within ten (10) working days from receipt of appeal, the County Administrator, or his designated representative shall deliver his written decision to the grievant and the Union Representative.

Step 4: Mediation

If the grievance is not settled or an answer not forthcoming, the grievant and/or the Union Representative may require that the County enter into mediation regarding the grievance utilizing the California State Mediation and Conciliation Service.  The mediation will be scheduled as soon as possible on a date mutually agreeable to the parties.

Step 5. Arbitration

A. If the grievance is not settled or disposed of at Step 3, the grievance may be submitted within ten (10) working days, to the Human Resources Director for arbitration. Within ten (10) working days from receipt of the request for arbitration, the Human Resources Director shall request a panel of arbitrators from the State Mediation & Conciliation Service and provide the Union with a copy of the request. The Arbitrator shall be selected from a panel provided by the State Conciliation Service. The hearing shall be conducted in accordance with the rules and regulations of the American Arbitration Association unless the parties mutually agree to other rules or procedures for the conduct of such arbitration.

B. Except as provided in subsection E below, the fees and expenses of the Arbitrator shall be shared equally by the parties involved, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts, and similar costs incurred by the parties during arbitration, will be the responsibility of the individual party involved. Where the individual is representing himself, he shall be solely responsible for his share of the fees and expenses as outlined above.

C. The Arbitrator shall have jurisdiction and authority to interpret the provisions of this Memorandum of Understanding. He shall not have jurisdiction or authority to alter, in any way, the provisions of this Memorandum.

D. In relation to alleged violations of Memoranda of Understanding (including sideletters of agreement) and/or countywide rules, regulations, resolutions or ordinances, the decision of the Arbitrator shall be final and binding on both parties. In relation to alleged violations of department policy or practice, the decision of the Arbitrator shall be subject to Board of Supervisors review as provided in Step 5, below. Not more than one grievance shall be submitted to arbitration in the same proceeding without the consent of the parties, except that grievances that are based on the same set of facts which must necessarily be decided in the same way can be submitted in a single arbitration. If the Union fails, or the employee individually fails, refuses, or declines to demand arbitration of any such grievance, the affected employee or employees shall be conclusively bound thereby.

E. Thereupon, the County and the Union shall endeavor to make a submission agreement, setting forth the issue or issues to be submitted to arbitration and any agreed stipulated relevant facts and principles. In the event of disagreement between the County and the Union, the issue or issues of the grievant as set forth in the written grievance shall be an issue to be submitted to arbitration.

In the event that there is a dispute as to arbitrability, the arbitrator shall hear that issue prior to opening the record on the merits of the dispute. If the arbitrator determines that the issue is not arbitrable the grievance will be dismissed and the matter considered closed. If the arbitrator determines that the issue is arbitrable, the matter will then be set for hearing on the merits. The cost of the arbitrator for this threshold phase of the process shall be borne by the losing party.

F. A grievance not appealed to arbitration within ten (10) working days after the County Administrator's, or his designated representative's, written disposition of the grievance, shall be barred for all purposes. The limits set forth herein may be extended by mutual agreement.

G. In no event shall arbitration extend to:

1. The interpretation, application, or legality of any federal, state or local law, however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such federal, state or local law in order to resolve the grievance which has been submitted to arbitration, he may do so.

2. Matters under the jurisdiction of the County of Santa Barbara Civil Service Commission for which the Commission has established procedures or processes by which employees may appeal to, or request review by, said Civil Service Commission; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply matters under the jurisdiction of said Civil Service Commission in order to resolve the grievance which has been submitted to the Arbitrator, he may do so.

3. The interpretation, application, or the legality of the rules or regulations of the department head, or the County Administrator, or any other county agency, or commission; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such rules or regulations in order to resolve the grievance which has been submitted to the Arbitrator, he may do so.

Step 5: Board of Supervisors: Right to Final Decision (limited to alleged violations of department policy or practice)

With regard to alleged violations of department policy or practice, the Arbitrator's decision and award provided for in Step 4 shall be final and binding on the parties unless the Board of Supervisors, by majority vote, votes to set aside the decision and award of the Arbitrator within forty (40) days from the date of the issuance of the award and decision of the Arbitrator. In such event, the Board of Supervisors shall deliberate the grievance and, within a reasonable period of time (not to exceed forty (40) days), shall arrive at a decision which shall be final and binding. During such deliberations the County Administrator, or his designated representative, and the Union Representative shall make their presentations to the Board of Supervisors. Where possible, such presentations shall be made within thirty (30) calendar days from the date of the issuance of the Arbitrator's award. In the event the Board sets aside the decision and award of the Arbitrator, the County shall pay the Arbitrator's fee. Each party to the arbitration will still be responsible for their own expenses and costs of arbitration.