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RES 84380
City of Pleasanton
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RES 84380
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10/8/2012 3:51:11 PM
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1/26/2000 10:13:17 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/24/1984
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24,3 <br /> <br />24.4 <br /> <br />24.5 <br /> <br />24. ~S <br /> <br />(5) <br /> <br />If an Adjustment Board is unable to arrive at a <br />majority decision, either the Union or the City may <br />require that the grievance be referred to an im- <br />partial arbitrator who shall be designated by mutual <br />agreement between the UnLon and the City Manager. <br />The fees and expenses of the arbitrator and of a <br />Court Reporter shall be shared equally by the Union <br />and the City. Each party, however, shall bear the <br />cost of its own presentation, including preparation <br />and post hearing briefs, if any. <br /> <br />(6) <br /> <br />Decisions of Adjustment Boards and arbitrators on <br />matters properly before them shall be final and <br />binding on the parties hereto, to the extent per- <br />mitted by the Ordinance Code and Resolutions of <br />the City. <br /> <br />No Adjustment Board and no arbitrator shall entertain, <br />hear, decide, or make recommendations on any dispute <br />unless such dispute involves a position in a unit <br />represented by this Union and unless such dispute falls <br />within the definition of a grievance as set forth in <br />subsection 24.1. <br /> <br />Proposals to add to or change this Memorandum of <br />Understanding or written agreements or addenda supple- <br />mentary hereto shall not be arbitrable and no proposal <br />to modify, amend or terminate this Memorandum of Under- <br />standing, nor any matter or subject arising out of or <br />in connection with such proposal, may be referred to <br />arbitration under this Section. Neither any Adjustment <br />Board nor any arbitrator shall have the power to amend <br />or modify this Memorandum of Understanding or written <br />agreements or addenda supplementary hereto or to establish <br />any new terms or conditions of employment. <br /> <br />No grievance involving demotion, suspension, dismissa1 <br />of an employee will be entertained unless it is filed <br />in writing with the Personnel Officer within seventy- <br />two (72) hours of the time at which the affected employee <br />was notified of such action. <br /> <br />If the Personnel Officer in pursuance of the procedures <br />outlined in subsection 24.3(2) above, or the City Manager <br />in pursuance of the provisions of subsection 24.2(3) above <br />resolve a grievance which involves suspension or discharge, <br />they may agree to payment for lost time or to reinstate- <br />ment with or without payment for lost time, but in the <br />event the dispute is refered to arbitration and the <br />arbitrator finds that the City had the right to take the <br />action complained of, the arbitrator may not substitute <br />his/her judgment for the judgment of management and if <br />he/she finds that the City had such right, he/she may <br />not order reinstatement and may not assess any penalty <br />upon the City. <br /> <br /> <br />
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