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ITEM: |
ACTION ITEMS |
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14. |
CONSIDER HEARING
OFFICER’S FINDINGS AND RECOMMENDATIONS ON GRIEVANCE APPEAL BY LABORERS’
INTERNATIONAL UNION OF NORTH AMERICA LOCAL 270 |
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Meeting Date: |
November 21, 2005 |
Budgeted: N/A |
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From: |
David A. Berger, |
Program/ |
N/A |
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General Manager |
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Item No.: |
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Prepared By: |
Cynthia Schmidlin |
Cost Estimate: |
$6,660.00 |
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General Counsel Approval: Yes |
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Committee
Recommendation: N/A |
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CEQA Compliance: N/A |
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SUMMARY: On June, 24, 2005, Board-appointed Hearing
Officer, Peter Lujan, heard an appeal of the General Manager’s Grievance
Determination 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.
An Action Item regarding Board consideration of Mr. Lujan’s findings was presented at the Board Meeting on September 19, 2005. The Board voted to continue this item until the October 17, 2005 Board Meeting. At this time a revised version of the staff report was included in the Board Packet (Exhibit 14-A).
At the October Board meeting,
it was reported that during the Board’s closed session, District negotiators
had been given parameters with which to seek a possible settlement of the
grievance. The Board then voted to
continue this item to the November 21, 2005 Board meeting, in case such a
settlement was not reached.
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.
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.
EXHIBITS
14-A Action Item 12 from October 17, 2005 Board Packet.
U:\staff\word\boardpacket\2005\2005boardpackets\20051121\ActionItems\14\item14.doc