2018 - 2019 SCPDIAMemorandum of Understanding: Article 29: Full Understanding, Modification, Acknowledgment
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What’s on this Page
- 29.1 Full Understanding
- 29.2 Acknowledgment
- 29.3 Meet and Confer During Term of Memorandum
- 29.4 Written Modifications Required
- 29.5 No Limitation on Authority of Civil Service Commission
- 29.6 Non-Precedence
- 29.7 Side Letters
- 29.8 Favored Nation Clause – Reopener
29.1 Full Understanding
This Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. All other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Except as provided herein, it is agreed and understood that the parties have met and conferred in accordance with their obligations under State law and the County's Employee Relations Policy in reaching this agreement and neither party shall be obligated to meet and confer over any provision of this agreement during its term.
29.3 Meet and Confer During Term of Memorandum
- If the County proposes during the term of this Memorandum to adopt a policy or course of action on matters within the scope of representation as defined by State law that are not covered by this Agreement, it will provide the Association with written notice of the proposed policy or course of action and offer to meet and confer over the proposal in accordance with state law, the County's Employee Relations Policy (ERP), and with the provisions provided in (c) below.
- The County and Association agree to meet and confer in accordance with state law, the ERP, and the provisions provided in (c) below if the County's proposals include matters within the scope of representation in one (1) or more of the following matters:
- The assignment of groups of employees to work hours, work shifts and/or work schedules. An example of such a change would be if the County proposed to change the work schedule of employees from a 4/10 to a 5/8 schedule.
- The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved. An example of such a change would be if the County proposed to move the Investigator staff from the Public Defender Department to the Social Services Department.
- The use and assignment of county vehicles and/or personal vehicles of employees for work-related purposes. An example of such a change would be if the county proposed to assign all Investigators to take-home County vehicles.
The provisions of this Subsection (c) apply to the meet and confer process applicable to County proposals on matters within the scope of representation as described in subsections (a) and (b) above.
The County will provide written notice to the Association describing the proposed change. Upon request of the Association, the County will provide all relevant information it has pertaining to the proposal as required by the Meyers-Milias-Brown Act (MMBA).
The Association will have up to fifteen (15) calendar days from when it received the notice to inform the County in writing if it desires to meet and confer over the proposal. If the Association fails to notify the County within the fifteen (15) days, the County may implement the proposal without any further obligation to meet and confer with the Association.
If the Association notifies the County within fifteen (15) calendar days of its desire to meet and confer, then the County and the Association shall meet and confer in good faith over the proposal and all identified impacts arising from the proposal.
Unless extended by mutual written agreement of the parties, the pre-impasse period for meeting and conferring pursuant to this Section 29.3 shall be thirty-five (35) business days (Monday through Friday) from when the Association was properly notified of the proposal by the county. If an agreement is not reached by the 35th business day from the date the Association was notified, either party may declare an impasse by filing with the other party a written declaration of impasse and request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be held within two business days, at which time the County shall present an impasse statement including the proposal that it proposes to implement after the completion of the post-impasse process required by law and this Section 29.3 should further discussions fail to produce an agreement.
If an agreement is not reached at the impasse meeting, the dispute shall be submitted to mediation. If the parties fail to resolve the dispute through mediation within the timelines set forth in the MMBA, the matter may be submitted to fact finding in accordance with the provisions and timelines of the MMBA.
This Article 29.3 is not subject to the grievance procedure of this agreement (Article 27) in any way except for an allegation that the County failed to provide the required notice or acted to implement the change before the procedures required by this section were completed. Any ruling by an arbitrator under this Article 29.3 that is adverse to the County shall be limited to ordering the County to comply with the notice and/or time limits specified above.
29.4 Written Modifications Required
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the Association and the County, unless made and executed in writing by the parties, and if required, approved and implemented by the Board of Supervisors.
29.5 No Limitation on Authority of Civil Service Commission
Nothing in this Agreement shall be construed to limit or remove the existing or future jurisdiction or authority of the Civil Service Commission as provided in Ordinance No. 305-A as amended, or as provided in the Rules adopted thereunder.
The waiver of any breach, 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 provisions.
29.7 Side Letters
All side letters or other agreements not attached to or incorporated into this Memorandum are no longer valid. This MOU constitutes the entire agreement between the Association and the County.
29.8 Favored Nation Clause – Reopener
If, during the term of this extension another bargaining unit other than 49 (Board of Supervisors), 50 (Administrative Management), and 52 (Department Heads) receives an increase or improvement in compensation or other economic benefits that is greater than agreed to by SCPDIA, the County agrees to open the MOU and meet and confer with SCPDIA on the subject of compensation.