DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be final and binding upon the parties. The arbitrator shall have no power to amend this Memorandum of Understanding, a Resolution of the Board of Supervisors, the Charter, Ordinance, State law, or written agency/departmental rule, or to recommend such an amendment.
DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be final and binding upon the parties. The arbitrator shall not have the power to amend this Memorandum of Understanding, a Resolution of the Board of Supervisors, the Alameda County Charter, Ordinance, State Law, or written departmental rule, or to recommend such an amendment. The arbitrator shall also not have the power to declare any provision(s) of this Memorandum of Understanding, a Resolution of the Board of Supervisors, the Charter, Salary Ordinance or any State statute or regulation unlawful or unenforceable.
DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be binding. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Memorandum of Agreement applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the Agreement. The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Memorandum of Agreement, or to revise, modify or alter, in any respect, any provision contained in the Agreement.
DUTY OF ARBITRATOR. The decision of the arbitrator shall not add to, subtract from, modify or disregard any of the terms or provisions of the Agreement. Except when an agreed statement of facts is submitted by parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be binding in nature.
DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be final and binding upon the parties. The arbitrator shall have no power to amend this MOU, a Resolution of the Board of Supervisors, the Alameda County Charter, Ordinance, State Law, or written Agency/Department rule, or to recommend such an amendment. The arbitrator shall also not have the power to declare any provision(s) of this MOU, a Resolution of the Board of Supervisors, the Charter, Salary Ordinance, or any State statute or regulation unlawful or unenforceable.
DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be advisory in nature except for letters of reprimand, which shall be binding. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Memorandum of Agreement applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the Agreement. The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Memorandum of Agreement, or to revise, modify or alter, in any respect, any provision contained in the Agreement. Upon receipt of an advisory decision, the Sheriff shall, within seven (7) work days, render a written decision which shall be final on those matters which fall under jurisdiction of the Sheriff.
DUTY OF ARBITRATOR. The arbitrator shall conduct an informal hearing, and any other meetings or investigations as are appropriate in his/her judgment. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of the Memorandum of Understanding, County ordinance, resolution, or written departmental policy. He/she shall consider and make a decision with respect to only the specific issue(s) submitted, and shall not have authority to make a decision on any other issue not so submitted. In the event the arbitrator finds a violation of the Memorandum of Understanding, applicable State or Federal law, County Ordinance, board resolution or written departmental policy, he/she shall decide the appropriate resolution. The arbitrator shall have no authority to substitute his/her judgment for that of the County as to any matter within the County’s discretion. The decision and award of the arbitrator shall be based solely upon the evidence and arguments presented to the arbitrator by the respective parties. Proposals to add to or change the Memorandum of Understanding or written Agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section.
DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be advisory in nature. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Memorandum of Agreement applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the Agreement. The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Memorandum of Agreement, or to revise, modify or alter, in any respect, any provision contained in the Agreement. Upon receipt of an advisory decision, the Sheriff shall, within seven (7) work days, render a written decision which shall be final on those matters which fall under jurisdiction of the Sheriff.
DUTY OF ARBITRATOR. 27 18.K. PAYMENT OF COSTS 27 18.L. EFFECT OF FAILURE OF TIMELY ACTION. 27 18.M. LIMITATION OF STALE GRIEVANCES 28 18.N. DESIGNATION OF APPEAL LEVELS 28 18.O. EXCLUSION OF NON-RECOGNIZED ORGANIZATIONS 28 SECTION 19. RETIREMENT 28 19.A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM 28 19.B. ENHANCED SAFETY PENSION BENEFITS 29 19.C. CLASSIC MEMBER CONTRIBUTION: 29 19.D. NEW MEMBER CONTRIBUTION 29 19.E. 401(a) DEFERRED COMPENSATION RETIREMENT PLAN. 29 19.F. 457 DEFERRED COMPENSATION RETIREMENT PLAN. 29 19.X. XXXXXXX PRE-RETIREMENT OPTION 2W DEATH BENEFIT (SECTION 21548) 29 SECTION 20. STATION SUPPLY FOR BATTALION CHIEFS 29 SECTION 21. ORGANIZED MESS 30 SECTION 22. LAYOFF 30 22.A. ORDER OF LAYOFF 30 22.B. NO LAYOFF DUE TO CONSOLIDATION. 30 SECTION 23. PROFESSIONAL DEVELOPMENT FUNDS 30 SECTION 24. PHYSICAL FITNESS PROGRAM 31 SECTION 25. INDUSTRIAL ILLNESS OR INJURY 31 25.A. SICKNESS OR INJURY IN COURSE OF EMPLOYMENT 31 25.B. EXPOSURE REPORT FORM. 31 25.C. ADVANCED DISABILITY PENSION PAYMENTS 31 SECTION 26. NO STRIKE - NO LOCKOUT 31 SECTION 27. SENIORITY 31 27.A. DEPARTMENT SENIORITY DEFINED. 31 27.B. SENIORITY LIST 31 27.C. VACATION SELECTION: 32 27.D. EXTENDED OUT-OF-COUNTY MUTUAL AID SIGN-UP 32 SECTION 28. PROMOTIONAL PROCESS (OAG 24.003) AND PROBATIONARY PERIOD 28.A. NOTIFICATION OF PROMOTIONAL EXAMINATIONS 32 28.B. PROMOTIONAL LISTS 32 28.C. PROBATIONARY PERIOD. 32 SECTION 29. MANAGEMENT RIGHTS 32 SECTION 30. MOU REOPENERS 33 30.A. PROPOSITION 4. 33 30.B. EFFECT OF LEGALLY MANDATED CHANGES 33 30.C. CANCELLATION OF CONTRACT FOR SERVICE 33 SECTION 31. SAVINGS CLAUSE 33 SECTION 32. ENACTMENT 33 SECTION 33. SCOPE OF AGREEMENT 34 SIGNATURE PAGE 35 APPENDIX A JOB CLASSIFICATIONS AND SALARIES 36 APPENDIX B CIVIL SERVICE 37 APPENDIX C DOMESTIC PARTNER 51 APPENDIX D DISPUTE RESOLUTION 52 SIDELETTERS OF AGREEMENT 57 RETIREE MEDICAL – GRANDFATHERED ELIGIBILITY CRITERIA 58 DEPUTY FIRE MARSHAL ON-CALL ROTATION FOR FIRE INVESTIGATIONS, FIRE PREVENTION UNIT RESTRUCTURING AND FIRE INVESTIGATION SUPPRESSION PROGRAM 59 MINUTE ORDER 62 MEMORANDUM OF UNDERSTANDING BETWEEN INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 55B AND ON BEHALF OF THE ALAMEDA COUNTY FIRE DEPARTMENT This MEMORANDUM OF UNDERSTANDING hereinafter “MOU” is entered into by the Director of Human Resource Services of the County of Alameda for the Alameda County Fire Department, a dependent special district, hereinafter named as “ACFD” or “Department”, and the International Association of Firefighters Local 55B, hereinaf...
DUTY OF ARBITRATOR. 34 19.K. PAYMENT OF COSTS 34 19.L. EFFECT OF FAILURE OF TIMELY ACTION. 34 19.M. LIMITATION OF STALE GRIEVANCES 34 19.N. DESIGNATION OF APPEAL LEVELS 34 19.O. EXCLUSION OF NON-RECOGNIZED ORGANIZATIONS 35 SECTION 20. RETIREMENT 35 20.A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM 35 20.B. ENHANCED SAFETY PENSION BENEFITS 36 20.C. CLASSIC MEMBER (SAFETY) CONTRIBUTION: 36
