Meet and Confer During Term of Memorandum. a. 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. b. 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 proposal(s) include matters within the scope of representation in one (1) or more of the following matter:. 1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule. 2. The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved. 3. The use and assignment of County vehicles and/or personal vehicles of employees for work-related purposes. c. 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 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 34.3 shall be thirty-five
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Meet and Confer During Term of Memorandum. a. 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, state law and the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) belowPolicy.
b. The If the County's proposal covers one or more of the following four matters, the County and the Association agree to meet and confer in accordance with State law, the ERP, state and County law and with the provisions as provided in (c) below if the County’s proposal(s) include matters within the scope of representation in one (1) or more of the following matterbelow:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. 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.
3. The use and assignment of County 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.
c. The provisions 4. Providing employees with meals or snacks. An example of this subsection (c) apply such a change would be if the County proposed to charge employees for the meet and confer process applicable to County proposals on matters within cost of required meals or snacks produced or provided by the scope of representation as described food service program in Subsections (a) and (b) abovethe Sheriff's Detention Division. The County will provide written notice to the Association describing the proposed change. Upon request of the Association, the County will provide with all relevant information it has pertaining to the proposal as required by the MMBAproposal. 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 34.3 shall be thirty-fivesixty (60) calendar days from when the Association was properly notified of the proposal by the county. If an agreement is not reached by the 35th calendar day from the date the Association was notified, either party may declare an impasse by filing with the other party a written 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 calendar days, at which time the County shall present an impasse statement including the proposal that it intends to implement after the 60th calendar day should further discussions fail to produce an agreement. If an agreement is not reached at the impasse meeting, if the parties so agree, the dispute may be submitted to the Board of Supervisors for determination. If they do not so agree, the dispute shall be submitted to mediation. If the parties fail to agree to submit the dispute to the Board of Supervisors, and fail to resolve the dispute through mediation within ten (10) days after mediation commenced, the parties may agree to submit the dispute to fact finding. If the parties fail to agree on fact finding, the dispute shall be submitted to the Board of Supervisors for such action, as in its legislative discretion, deems appropriate as in the public interest, if required under the County's Employee Relations Policy. In no event shall these dispute resolution procedures be applied by either party to extend the sixty (60) calendar day period without mutual written consent of the parties. If the County complies with this Article, it shall be deemed to have fully satisfied its obligation to meet and confer under state and local law over the issues covered therein. This Article 29.3 (2) 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 notice or acted before the 60 day period concluded. Any ruling by an arbitrator under this Article 29.3 (2) that is adverse to the County shall be limited to ordering the County to comply with the notice and/or time limits specified above.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum. a. 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 state law, the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) below.
b. The County and Association agree to meet and confer in accordance with State state law, the ERP, and the provisions provided in (c) below if the County’s proposal(s) 's proposals include matters within the scope of representation in one (1) or more of the following mattermatters:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. 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.
3. The use and assignment of County county vehicles and/or personal vehicles of employees for work-related purposes.
c. . 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 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 Xxxxxx-Xxxxxx-Xxxxx 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 34.3 29.3 shall be thirty-fivefive (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 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.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum. a. 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, law and the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) belowPolicy.
b. The If the County's proposal covers one (1) or more of the following four (4) matters, the County and the Association agree to meet and confer in accordance with State law, the ERP, and County law and with the provisions as provided in (c) below if the County’s proposal(s) include matters within the scope of representation in one (1) or more of the following matterbelow:.
1. 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 in the Sheriff’s 's Detention Division from a 4/10 to a 5/8 schedule.
2. The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.
3. The use and assignment of County vehicles and/or personal vehicles of employees for work-related purposes.
4. Providing employees with meals or snacks. An example of such a change would be if the County proposed to charge employees for the cost of meals or snacks produced or provided by the food service program in the Sheriff's Detention Division.
c. 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 with all relevant information it has pertaining to the proposal as required by the MMBAproposal. 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 34.3 shall be thirty-fivesixty
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum.
a. 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 state law, the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) below.
b. The County and Association agree to meet and confer in accordance with State state law, the ERP, and the provisions provided in (c) below if the County’s proposal(s) 's proposals include matters within the scope of representation in one (1) or more of the following mattermatters:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. 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.
3. The use and assignment of County county vehicles and/or personal vehicles of employees for work-related purposes.
c. . 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 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 Xxxxxx-Xxxxxx- 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 34.3 29.3 shall be thirty-fivefi ve
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum.
a. 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.below.
b. 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 proposal(s) include matters within the scope of representation in one (1) or more of the following matter:.matter:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.schedule.
2. The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.involved.
3. The use and assignment of County vehicles and/or personal vehicles of employees for work-related purposes.purposes.
c. 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. 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 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 34.3 shall be thirty-fivefive (35) business days from when the Association was properly notified of the proposal by the County. If an agreement is not reached by the thirty-fifth (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 (2) 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 34.3 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. Section 34.3.b(2) is not subject to the grievance procedure of this agreement (Article 30) 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 Section 34.3.b(2) that is adverse to the County shall be limited to ordering the County to comply with the notice and/or time limits specified above.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum.
a. 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 state law, the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) below.
b. The County and Association agree to meet and confer in accordance with State state law, the ERP, and the provisions provided in (c) below if the County’s proposal(s) 's proposals include matters within the scope of representation in one (1) or more of the following mattermatters:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. 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.
3. The use and assignment of County county vehicles and/or personal vehicles of employees for work-related purposes.
c. . 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 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 Xxxxxx-Xxxxxx-Xxxxx 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 34.3 29.3 shall be thirty-fivefive (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.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum.
a. 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.
b. 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 proposal(s) include matters within the scope of representation in one (1) or more of the following matter:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.
3. The use and assignment of County vehicles and/or personal vehicles of employees for work-related purposes.
c. 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 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 34.3 shall be thirty-fivefive (35) business days from when the Association was properly notified of the proposal by the County. If an agreement is not reached by the thirty-fifth (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 (2) 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 34.3 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. Section 34.3.b(2) is not subject to the grievance procedure of this agreement (Article 30) 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 Section 34.3.b(2) that is adverse to the County shall be limited to ordering the County to comply with the notice and/or time limits specified above.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum.
a. 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 state law, the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) below.
b. The County and Association agree to meet and confer in accordance with State state law, the ERP, and the provisions provided in (c) below if the County’s proposal(s) 's proposals include matters within the scope of representation in one (1) or more of the following matter:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. • The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.
3. 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 county vehicles and/or personal vehicles of employees for work-related purposes.
c. . 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 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 Xxxxxx-Xxxxxx-Xxxxx 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 34.3 29.3 shall be thirty-fivefive (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.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum. a. 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, law and the County’s 's Employee Relations Policy (ERP), and with the provisions provided in (c) belowPolicy.
b. The If the County's proposal covers one (1) or more of the following four (4) matters, the County and the Association agree to meet and confer in accordance with State law, the ERP, and County law and with the provisions as provided in (c) below if the County’s proposal(s) include matters within the scope of representation in one (1) or more of the following matterbelow:.
1. 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 in the Sheriff’s 's Detention Division from a 4/10 to a 5/8 schedule.
2. The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.
3. The use and assignment of County vehicles and/or personal vehicles of employees for work-related purposes.
c. The provisions 4. Providing employees with meals or snacks. An example of this subsection (c) apply such a change would be if the County proposed to charge employees for the meet and confer process applicable to County proposals on matters within cost of meals or snacks produced or provided by the scope of representation as described food service program in Subsections (a) and (b) abovethe Sheriff's Detention Division. The County will provide written notice to the Association describing the proposed change. Upon request of the Association, the County will provide with all relevant information it has pertaining to the proposal as required by the MMBAproposal. 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 shall be sixty (60) calendar days from when the Association was properly notified of the proposal by the county. If an agreement is not reached by the thirty-fifth (35th) calendar day from the date the Association was notified, either party may declare an impasse by filing with the other party a written 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 (2) calendar days, at which time the County shall present an impasse statement including the proposal that it intends to implement after the sixtieth (60th) calendar day should further discussions fail to produce an agreement. If an agreement is not reached at the impasse meeting, if the parties so agree, the dispute may be submitted to the Board of Supervisors for determination. If they do not so agree, the dispute shall be submitted to mediation. If the parties fail to agree to submit the dispute to the Board of Supervisors, and fail to resolve the dispute through mediation within ten (10) days after mediation commenced, the parties may agree to submit the dispute to “fact finding.” If the parties fail to agree on “fact finding”, the dispute shall be submitted to the Board of Supervisors for such action, as in its legislative discretion, deems appropriate as in the public interest, if required under the County's Employee Relations Policy. In no event shall these dispute resolution procedures be applied by either party to extend the sixtieth (60) calendar day period without mutual written consent of the parties. If the County complies with this Article, it shall be deemed to have fully satisfied its obligation to meet and confer under State and local law over the issues covered therein. Section 34.3.b(2) is not subject to the grievance procedure of this agreement (Article 30) in any way except for an allegation that the County failed to provide notice or acted before the sixty (60) day period concluded. Any ruling by an arbitrator under this Section 34.3 34.3.b(2) that is adverse to the County shall be thirty-fivelimited to ordering the County to comply with the notice and/or time limits specified above.
Appears in 1 contract
Samples: Memorandum of Understanding
Meet and Confer During Term of Memorandum.
a. 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.
b. 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 proposal(s) include matters within the scope of representation in one (1) or more of the following matter:.
1. 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 in the Sheriff’s Detention Division from a 4/10 to a 5/8 schedule.
2. The assignment of employees between departments as a result of reorganization or a change in the mission or program of the department(s) involved.
3. The use and assignment of County vehicles and/or personal vehicles of employees for work-related purposes.
c. 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 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 34.3 shall be thirty-fivefive (35) business days from when the Association was properly notified of the proposal by the County. If an agreement is not reached by the thirty-fifth (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 (2) 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 34.3 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. Section 34.3.b(2) is not subject to the grievance procedure of this agreement (Article 30) 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 Section 34.3.b(2) that is adverse to the County shall be limited to ordering the County to comply with the notice and/or time limits specified above.
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Samples: Memorandum of Understanding