ITEM:		ACTION ITEMS
9.	CONSIDER HEARING OFFICER’S FINDINGS AND RECOMMENDATIONS ON GRIEVANCE APPEAL BY LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA LOCAL 270
Meeting Date:			September 19, 2005	Budgeted: N/A
From:			David A. Berger,	Program/
			General Manager	Line Item No.:
Prepared By:			Cynthia Schmidlin	Cost Estimate:	$6,660.00
General Counsel Approval: Yes
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: On June, 24, 2005, Board-appointed Hearing Officer, Peter Lujan, heard an appeal of the General Manager’s Grievance Determination (Exhibit 9-A) regarding interpretation of the Health Benefits section of the General Staff Bargaining Unit Memorandum of Understanding (MOU). Mr. Lujan submitted his “Findings, Conclusions and Recommendation” on July 27, 2005 (Exhibit 9-B).

According to the Grievance Procedure, after a review of the record and recommended findings, conclusions and decision of the Hearing Officer, the Board shall either adopt the Hearing Officer’s findings, conclusions and decision, or reject those findings and adopt their own findings, conclusions and decision by affirming, modifying or reversing the order of the General Manager.

After reviewing Mr. Lujan’s findings, labor attorney Ellen Aldridge, the District’s lead negotiator during negotiations on the General Staff Bargaining Unit MOU, has submitted the attached memo on contract interpretation law for the Board to also consider (Exhibit 9-C).

RECOMMENDATION: That the Board review the record and determine if they will either:

A. Adopt the Hearing Officer’s recommended findings, conclusions and decision, or

B. Reject the recommendations of the Hearing Officer and adopt its own findings, conclusions and decision by affirming, modifying or reversing the determination of the General Manager.

IMPACTS TO STAFF/RESOURCES: Adopting the Hearing Officer’s recommended findings will cost the District an additional $4,500 for FY 2005-2006. Similar costs will also be incurred on an annual basis in the future. An additional $2,160 to cover retroactive payments back to January 1, 2005, for the three employees opting out of the District’s health plan, would bring the total expenditure during this fiscal year to $6,660.

BACKGROUND: On February 15, 2005, the Laborers’ International Union of North America (Union) representing three members of the General Staff Bargaining Unit stated their proposed grievance on interpretation of the Health Benefits section of the General Staff Bargaining Unit Memorandum of Understanding (MOU). The proposed grievance concerned interpretation of the Health Benefits section of the MOU regarding those employees who opt out of the District’s health insurance coverage.

Cynthia Schmidlin, Human Resources Analyst, met with the three employees and their Union representative on March 4, 2005 to discuss the issue informally. After conferring with Rick Dickhaut, Administrative Services Manager/Chief Financial Officer, regarding the substance of the employee’s complaint, Ms. Schmidlin advised the Union that the Administrative Services Division interpretation of the MOU would stand. The Union appealed this decision to the General Manager. On April 1, 2005, David Berger met with all parties, sought information and heard arguments. On April 8, 2005, Mr. Berger issued his determination in the matter and denied the grievance. In a letter dated May 13, 2005, the Union submitted an appeal of the General Manager’s decision regarding the grievance to the Board.

On June 20, 2005, the Board voted to appoint Peter Lujan of the California State Conciliation and Mediation Services as Hearing Officer in the matter of the grievance. The grievance hearing took place on June 24, 2005. Mr. Lujan met with, heard statements from, and asked questions of the General Staff Unit members and their LIUNA representative, Tim McCormick, as well General Manager, David A. Berger, Chief Financial Officer, Rick Dickhaut, and Human Resources Analyst, Cynthia Schmidlin. The Hearing Officer submitted his findings, conclusion and decision on July 27, 2005.

EXHIBITS

9-A General Manager’s Grievance Determination

9-B Hearing Officer’s Findings and Recommendations

9-C Ellen Aldridge Letter

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