MEMORANDUM OF UNDERSTANDING BETWEEN
UNION OF AMERICAN PHYSICIANS AND DENTISTS
AND COUNTY OF SANTA BARBARA

Section 36. Grievance Procedure

A. Purpose

1. To promote harmonious employer-employee relations by establishing a grievance procedure to afford employees, individually or through a qualified representative, a systematic means of obtaining consideration of complaints and disputes which constitutes grievances as hereinafter defined.

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

B. Definition

A grievance shall be defined as a claim by an employee or group of employees adversely affected by an alleged violation, misinterpretation or misapplication or department-wide policy or County rules, regulations, resolutions, ordinances or Memoranda of Understanding applicable to the employee, except for those issues that provide their own means of appellate procedures 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 Section 5 and the impact and consequences of the exercise of said rights.

C. Basic Rules

1. 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.

2. Nondiscrimination - Any employee, group of employees or the Union may file a grievance without fear of restraint, interference, coercion, discrimination or reprisal.

3. Grievance Forms

a. Grievance forms shall be made available to the employee through the Department, and the Union, and all formal grievances shall be submitted on these forms. The Union may develop an alternative form however, such form must be approved by the County.

b. Grievance forms must explicitly specify the particular section of this agreement, which is being alleged as the basis for the grievance. The remedy requested must also be specified.

4. No modifications in the basic violation being alleged pursuant to section (3) (b) shall be made subsequent to filing unless mutually agreed to by
both the County and the grievant or his representative. However, corrections in citations or other clarifying amendments can be made at any time by the grievant or his representative.

5. Notice of Meetings - Whenever possible, both the County and the employee or his representative shall give notice of meetings and conferences to their respective representative at least twenty-four (24) hours prior to any meeting regarding a grievance.

6. Right of Representation

a. The employee has the right to the assistance of no more than two representatives in the preparation and/or presentation of his grievance, provided, however, that supervisory employees shall not represent non-supervisory employees where such activity would result in a conflict of interest.

b. An employee is also entitled to represent himself individually at any step of the Grievance Procedure.

c. An employee may not change his designation of representative organization, other than designating himself, during the processing of a grievance except by mutual agreement of the parties.

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

7. Grievance Withdrawal - The employee may withdraw the grievance at any stage of the Grievance Procedure by giving written notice to the County representative who last took action on the grievance, with a copy to the Personnel Department and the Union.

8. Grievance Resolution - If a grievance is resolved at Step 2, 3 or 4 in the Procedure as provided in Section E herein, the employee concerned shall indicate acceptance of the resolution by affixing his signature in the appropriate space indicated.

9. By mutual agreement, the parties may return the grievance to a prior level for reconsideration. If the grievance is not then settled at the prior
level, the employee shall continue to have the rights set forth in this Procedure.

10. Consolidation of Grievances - Employees with essentially identical grievances, including remedy, may initiate a single grievance. Employee with essentially identical grievances may be required, at the County's discretion, to consolidate to a single proceeding at Steps 4 and 5 of this Grievance Procedure.

D. Processing Grievances

1. The employee and/or his 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. Representatives

(1) Insofar as possible, when an employee representative at Steps 1 and 2 is a County employee, the representative shall be employed in the same work locations as the grievant. When the foregoing condition cannot be met, an employee representative who is a County employee may be employed outside the same work location, provided said representative is no longer than forty five (45) 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 of the parties when the grievant is assigned to a remote work location, or under other unusual circumstances.

b. Grievance Preparation

(1) An employee or his representative who is a County employee shall not leave his job to perform any grievance preparation work unless he receives permission from his supervisor.

(2) When an employee or his representative must go into a section, department or work unit to investigate a grievance, he shall be permitted to do so, provided he explains the purpose of the visit and whom he is visiting to the supervisor of said section, department or work unit.

c. Grievance Meetings

(1) An employee or his representative who is a County employee shall, upon notification of his supervisor, be granted time off to attend grievance meetings scheduled pursuant to Section E of this Procedure.

(2) An employee or his representative who is a County employee shall notify his supervisor as soon as possible in advance of the dates and times and/or any change in the dates and times of scheduled grievance meetings in which he must participate.

(3) An employee 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 of a grievance.

2. Time Limitations

a. The time limitations contained herein are designed to quickly settle a grievance. Time limitations may be extended by agreement of the parties.

b. If at any stage of the Grievance Procedure the employee is dissatisfied with the decision rendered it shall be the employee's responsibility to submit the grievance to the next designated level of review within the time limits specified.

c. Failure to submit the grievance within the time limits specified shall terminate the grievance process and the grievance shall be considered resolved.

d. The employee may proceed to the next step within the prescribed time limits if the appropriate management representative fails to respond within the time limits specified.

E. Grievance Procedure Steps

1. Step 1 - Informal Discussion with Supervisor

a. The grievance shall first be discussed on an informal basis by the grievant and his immediate supervisor within ten (10) calendar days from the date of the action causing the grievance, or date of discovery of such action, except that in no event shall any grievance be accepted for consideration more than one (1) year from the action claimed as its basis, regardless of the date of discovery.

b. Every effort shall be made to resolve the grievance at this level, and may include conferences among supervisory and administrative personnel. The immediate supervisor shall verbally respond to the grievant within ten (10) calendar days of the informal discussion between grievant and supervisor.

2. Step 2 - Written Grievance

a. In the event the employee believes the grievance has not been satisfactorily resolved, the employee shall submit the grievance in writing to the supervisor within ten (10) calendar days after the receipt of the immediate supervisor's verbal response. The employee shall file one (1) copy with the Human Resources Department and with the Union.

b. In larger departments, it may be necessary to involve the division or section head in the processing of the grievance at this level. In such departments, it shall be the responsibility of the employee to file one copy of the grievance with said division or section head at the initiation of Step 2. It shall be the responsibility of the supervisor to consult and involve the division head in any or all grievance meetings and in arriving at a written response to the aggrieved employee.

c. Within ten (10) calendar days of receipt of the grievance, the immediate supervisor shall schedule a meeting with the employee to discuss the grievance. Within ten (10) calendar days of the grievance meeting, the immediate supervisor shall deliver his written decision to the grievant and his representative. Should the written decision of the supervisor propose a solution to the grievance, it shall be reviewed and approved by the department head prior to the delivery to the employee.

3. Step 3 - Department Head

a. In the event the employee believes the grievance has not been satisfactorily resolved, the employee shall submit the grievance in writing to the department head within ten (10) calendar days after receipt of the immediate supervisor's written response.

b. Within five (5) working days after receiving the completed grievance form, the department head or his representative shall meet with the employee to discuss the grievance. The department head shall deliver his written decision to the employee and his representative within ten (10) working days after the discussion.

4. Step 4 - County Administrator

a. In the event the employee believes his grievance has not been satisfactorily resolved, he shall submit the grievance in writing to the County Administrator within seven (7) days from receipt of the department head's written response. A meeting of the parties may be held by mutual agreement of the parties.

b. Within ten (10) working days from receipt of the grievance, the County Administrator shall deliver his written decision to the employee and his representative.

5. Step 5 - Arbitration

a. If the grievance is not settled or disposed of at Step 4, the grievance may be submitted within ten (10) calendar days to the Human Resources Director who shall arrange 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. The Arbitrator’s decision and award shall be final and binding on the parties unless the grievance is based solely on a department policy or practice, in which case the matter may go to Step 6 as provided for below.

b. The fees and expenses of the Arbitrator shall be shared equally by the parties involved. All other fees and expenses including, but not limited to those for witnesses, transcripts, and similar costs incurred by the parties during arbitration, will be the responsibility of the parties individually. When the grievant is representing himself, he shall be solely responsible for his share of such fees and expenses.

c. Not more than one grievance shall be submitted to arbitration in the same proceeding without the consent of the parties, except that grievances based on the same set of facts which must necessarily be decided in the same way can be submitted in a single arbitration, subject to the consent of the parties.

d. The County and the Union shall endeavor to prepare a submission agreement, setting forth the issue or issues to be submitted to arbitration and any stipulated relevant facts and principles. In the event of disagreement between the County and the Union, the issue or issues of the grievance shall be determined by the Arbitrator.

e. For the purposes of such arbitration the Arbitrator shall have jurisdiction and authority to interpret the specific terms and provisions of this Memorandum of Understanding. Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to:

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

2. 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 investigation or 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.

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.

6. Step 6 - Board of Supervisors' Final Decision

The Arbitrator's decision and award provided for in Step 5 shall be final and binding on the parties UNLESS the Board of Supervisors, when the grievance is based solely on a department policy or practice, by majority vote, votes to set aside the decision and award of the Arbitrator within forty (40) calendar days from the date of their issuance. In such event, the Board of Supervisors shall deliberate concerning the grievance and, within a reasonable period of time (not to exceed forty (40) calendar days), shall arrive at a decision which shall be final and binding. Before such deliberations, the County Administrator, or his designated representative, and the Union Representative or the grievant shall present arguments concerning the grievance to the Board of Supervisors. Where possible, such arguments 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, but each party to the arbitration will remain responsible for its own expenses and costs of arbitration.

Section 37. No Strike Clause

Employees represented by the Union shall not take part in any strike, work action, or other concerted activity of any kind which will result in curtailing, restricting, or interfering with County services.

The Union agrees not to sanction, encourage, or support any strikes, work actions, or other concerted activity.

The term "strike, work action, or other concerted activity" means any concerted failure to report for duty, any concerted absence from position, any concerted stoppage of work, any concerted slowdown, sickout, refusal to work, interruption, call-in, or failure in whole or in part to carry out the full, faithful, and proper performance of the duties of employment. The term "strike, work action, concerted activity" also means any participation in an action interfering with the operation of the County for the purposes of inducing, influencing, or coercing a change in the working conditions, compensation, and rights, privileges, and obligations of employment.

In the event that a strike, work action, or other concerted activity occurs in violation of this agreement, the Union shall on written notice by the County issue a statement addressed to the employees, a copy of which shall be delivered to the County, declaring the strike or other concerted activity not sanctioned, unlawful, and directing them to return to work or cease and desist.

The County agrees that during the term of this Agreement, the County shall not permit any lockout of employees from their worksite. The County retains the right to temporarily reassign employees, or to close down any unit or units for the safety of employees, property, equipment or the public. In the event an employee is unable to perform his assigned duties because equipment or facilities are not available due to a strike, work stoppage or slowdown by any other employees, such inability to provide work shall not be deemed a lockout.

Section 38. Obligation to Meet and Waiver Clause

Except as otherwise expressly provided in this agreement or where the parties mutually agree to meet and confer on the matter, the Union expressly waives and relinquishes the right, during the term of this Memorandum to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation, whether referred to or covered in this agreement, even though such subjects or matter was proposed and later withdrawn. In the event any new practice, subject or matter arises during the term of this agreement that is within the scope of bargaining, and an action is proposed by the County, the Union shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the absence of agreement on such a proposed action, the County reserves the right to take necessary action by management direction and the Union reserves the right to then take whatever lawful action deemed necessary.

The waiver of any breach of any term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and conditions.

Section 39. Meet and Confer During Term

The parties agree to reopen during the term of the contract to discuss health insurance contributions. In addition, either party may request to reopen on other issues during the term of the contract.

Section 40. Leave of Absence Policy

During the term of this agreement, the County may reopen negotiations on the issue of comprehensive leave of absence policy and related changes in terms and conditions of employment.

Section 41. Payroll Simplification

During the term of this agreement, the County may reopen negotiations on the issue of payroll simplification and/or modifications to the compensation and benefits structure precipitated by the implementation of a new human resources and payroll system. If the County reopens negotiations on this subject, the proposed changes will not be implemented unless the parties mutually agree.

Section 42. Back to Work Program

A. Employees who are unable to perform their regular duties due to injury or illness may be provided a temporary duty assignment in accordance with the Back to Work Policy.

B. An employee who has returned to work from a work-related injury or illness (either in the Back To Work program or to his/her regular work assignment) will be granted paid leave not chargeable to the employee’s accrued leave balances to attend medical appointments specifically related to the work-related injury or illness.

Section 43. Automatic Payroll Deposit

All employees shall participate in the County's automatic payroll deposit program. Participation shall mean the employee's execution of a payroll authorization form and submission of a voided check or savings deposit slip to the Auditor's office. It shall be the employee's choice as to which bank he/she designates as the institution receiving the payroll funds.

When the authorization form is properly executed and filed with the Auditor, the County shall automatically deposit in the employee's designated bank account the net amount of pay each designated biweekly payday.

Section 44. Conclusiveness of Agreement

A. The provisions contained in this Agreement shall prevail over County practices and procedures and over State laws to the extent permitted by State law.

B. This Agreement sets forth the full understanding of the parties regarding the matters set forth herein. Any prior Board resolution or ordinance, agreement between the parties, or any agreement between an employee (or group of employees) and a supervisor/manager, which is inconsistent with provisions of this Agreement, is hereby superseded.

C. This Section does not apply to the County's Civil Service System or to the rules adopted to administer the Civil Service System.

Section 45. Severability

In the event that any provision of this Memorandum of Understanding shall at any time be declared invalid by the legislature or any court of competent jurisdiction, such decision shall not invalidate the entire Memorandum of Understanding, it being the express understanding of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

Section 46. Renegotiation

Either County or Union may serve notice to meet and confer concerning possible changes in the provisions of this agreement. Such notice shall be submitted in writing sixty days prior to the termination date of this agreement. It is the intent of the parties to conduct negotiations in such a manner as to reach a new agreement on or before the termination date of this agreement. If either party timely serves notice to meet and confer, the first negotiating session shall not commence earlier than sixty days or less than thirty days prior to the termination date of this agreement, unless the parties mutually agree otherwise.

Section 47. Term of Agreement

This Memorandum of Understanding shall continue in effect up to and including October 3, 2010. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term.

To the extent that the provisions of this Memorandum of Understanding conflict with the provisions of resolutions or Minute Orders previously adopted by the Board of Supervisors, the provisions contained herein shall prevail.

The County and Union agree that this Memorandum of Understanding shall not be binding upon the parties unless and until approved by the Union of American Physicians and Dentists and formally approved by the majority of the County Board of Supervisors.