MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
THE ENGINEERS AND TECHNICIANS ASSOCIATION

ARTICLE 33. GRIEVANCE PROCEDURE

Section 33.1 Purpose

A. To promote improved employer-employee relations by establishing grievance procedures on certain matters for which an appeal, hearing, or process is not provided by other existing regulations.

B. To provide that grievances shall be heard and settled as informally as possible.

C. To enable grievances to be settled as promptly and as closely as possible to the point of origin.

D. To afford employees, individually or through qualified representation, a systematic means of obtaining consideration of complaints and disputes which constitute grievances as hereinafter defined.

E. The E.T.A. 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.

Section 33.2 Grievance, Defined

For employees of the representation units covered by this Memorandum of Understanding a grievance shall be defined and processed as indicated below. This definition and procedure shall prevail over any other grievance definition and procedure for employees whose classification is included in the representation units covered by this Memorandum.

A. Issues subject to the grievance procedure are those involving an alleged violation, misinterpretation or misapplication of either this Memorandum of Understanding or an established County policy expressed in rules, regulations, resolutions, ordinances, or a written agreement between the parties; except for those issues that provide their own means of appellate procedure such as, but not limited to, Civil Service Commission matters, Workers' Compensation, Occupational Safety and Health Act, Fair Employment Practice Commission, or any of the management rights currently enumerated in the County's Employer-Employee Relations Policy and the impact or consequences of the exercise of said rights.

B. E.T.A. 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 an inconsistent application of policy where the inconsistency results in a denial of the employees' rights under those policies defined in "A" above.

Section 33.3 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 E.T.A. 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. E.T.A. Representatives 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 E.T.A. Representatives 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 Personnel Department, other County departments and E.T.A., 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 E.T.A. Representative.

F. Both the County and the grievant or his E.T.A. Representative shall be responsible for giving notice of meetings and conferences to their representative parties at least twenty-four (24) hours prior to any meeting regarding a grievance whenever possible.

G. The employee has the right to the assistance of one E.T.A. Department Representative in addition to the E.T.A. 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 E.T.A. determines there is no violation or the proposed settlement is just, E.T.A. 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.

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

I. If the employee's grievance is resolved at Step 1, 2, or 3 in the formal grievance procedure, as provided in Section 33.7, 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 Personnel Department's copy of the formal grievance form.

J. 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.

K. 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.

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.

Section 33.4 Time Off for Processing of Grievances

The grievant and/or his E.T.A. Representative 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 E.T.A. Representative is a County employee, 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 County employee may be employed outside the same work unit or location, provided that said representative is no longer than ten (10) 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 E.T.A. Representative who is a County employee 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 E.T.A. Representative who is a County employee 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 E.T.A. 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 an E.T.A. 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.

Section 33.5 Time Limits

A. Time limits specified in Section 33.7 may be extended by mutual consent, in writing, of the grievant and/or the E.T.A. Representative, and the County.

B. Failure by a grievant or E.T.A. Representative to file an appeal within the specified time limits provided in Section 33.7, 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.

Section 33.6 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.

Section 33.7 Formal Procedure

Step 1: Immediate Supervisor

An employee may submit a formal grievance, on forms provided by the County as provided in Section 33.3, paragraph B, by filing one copy with his immediate supervisor and one copy with the Personnel 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

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 failure to respond to the grievance.

A. In larger departments such as Public Works, Health Care Services, General Services and Social Services, it may be necessary to involve the division or section head in the processing of the grievance, in which case the appeal from Step 1 shall be filed with the appropriate division or section head as determined by the department. Within ten (10) working days from the receipt of the appeal, the division or section head shall deliver his written decision to the grievant and his E.T.A. Representative. Any grievance settled at this phase of Step 2 shall be subject to review and confirmation of the respective department head before the settlement may become effective. Such review shall occur within seven (7) working days or the grievance shall automatically be moved to the department head level as in "B" below.

B. If the grievance is not settled or an answer is not forthcoming from the division or section head, the grievance may be appealed in writing within seven (7) working days from the receipt of the decision from the division or section head to the department head. Within ten (10) working days from the receipt of the appeal, the department head or his representative shall meet with the employee to discuss the grievance unless the parties agree not to meet. The department head shall deliver a written decision to the grievant and his E.T.A. Representative within ten (10) working days from the meeting or from the date the parties agreed not to meet.

Step 3: County Administrator

If the grievance is not settled or an answer not forthcoming, the grievant and/or the E.T.A. 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 E.T.A. Representative.

Step 4. 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 Employee Relations Officer for arbitration. 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. 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. Except as provided in Steps 5 and 6, the decision of the Arbitrator shall be final and binding on both parties. 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 E.T.A. 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 E.T.A. 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 E.T.A., the issue or issues of the grievant as set forth in the written grievance shall be an issue to be submitted to arbitration.

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.

Step 5: Advisory Arbitration

Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of a Memorandum of Understanding currently in effect may be submitted to arbitration hereunder as set forth in Step 4. In no event shall such arbitration extend to:

A. The interpretation, application, or legality of any state or local law, ordinances or resolutions adopted by the County's Board of Supervisors; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such state or local law or ordinance or resolutions in order to resolve the grievance which has been submitted to arbitration, he may do so.

B. The interpretation, application, or legality of any or all of the County of Santa Barbara Civil Service Commission Rules, nor matters under the jurisdiction of said 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 such Civil Service Rules or 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.

C. 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 6: Board of Supervisors Right to Final Decision

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 E.T.A. 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.