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Human Resources Department

Engineers and Scientists of California (ESC)

2019 - 2023 ESCMemorandum of Understanding:     Appendix D

Engineers & Scientists of California

Agreement to Arbitrate Duration of Unpaid Furlough Program

WHEREAS, the County of Sonoma (hereinafter referred to as the “County”) and the Engineers and Scientists of California Local 20 (hereinafter referred to as the “Union”) (collectively referred to as the “Parties”) disagree about the duration of the Unpaid Furlough Program described in Section 21.1 of the Memorandum of Understanding (MOU) between the Parties;

WHEREAS, in the interest of positive labor relations, the Parties agree to resolve the dispute through arbitration;

NOW THEREFORE, the Parties agree as follows:

  1. The Parties shall submit to arbitration the dispute over the interpretation and application of Section 21.1, entitled “Purpose” contained in Article 21 entitled “Unpaid Furlough Program” of the Parties’ 2014-2016 MOU and subsequently incorporated into the Parties’ 2016-2018 MOU.
  2. The Parties agree that Sections 18.1, 18.2, 18.3, 18.4, 18.11, 18.12, 18.13, 18.14, 18.15, 18.16 and 18.17 of the Grievance Procedure listed in the current MOU between the Parties are hereby incorporated and shall be followed by the Parties in the arbitration of this dispute. The parties agree to skip the First, Second, Third and Mediation Steps of the Grievance Procedure described in Sections 18.5 – 18.10 of the MOU. The parties mutually agree that the dispute is ready to be arbitrated and agree to not raise any procedural defenses related to processing the grievance. Time extensions for beginning the process for selecting an arbitrator and scheduling a hearing date under Section 18.12 of the current MOU shall not exceed two (2) extensions.
  3. The date of the final signature on this Side Letter Agreement shall constitute the date of the request for arbitration for the purpose of time limits listed in Section 18.12 of the MOU.
  4. This agreement to arbitrate applies only to the dispute described herein and expires upon receipt of the arbitration decision or the end of the 2016-2018 MOU, whichever comes first. This agreement is non-precedent setting for future disputes.

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