HomeMy WebLinkAbout17 Closed session greivance Agenda Item #
G
IM. , u�E !DONN
Public Utilii
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: March 16, 2001
Subject: Grievance
CONFIDENTIAL CLOSSED SESSION ITEM
IBEW Local 1245 has filed a grievacne on behalf of Patrick McQuary. I recently
appointed another Journeyman Lineman, Bob Springer, to the position of Lead Lineman.
Pat McQuary applied for the same job and was not appointed.
The Lead Lineman vacancy results from Pete Silva retiring. Mike McGovern had been
Lead Lineman and he was appointed Foreman to replace Pete Silva. I posted the then
vacant Lead Lineman position and received five applicants. A written test was
administered to all applicants and a committee consisting of Bob Quinn, Ed Taylor, and
Joe Horvath conducted the rest of the promotion process. Steve Hollabaugh was an
observer at the process. The committee followed the process set forth in the MOU
between the District and the Union, and recommended that I appoint Bob Springer.
The Union grieved the matter to me and I denied the grievance. It is now being referred
to the Board of Directors. Attached is the language from the MOU dealing with job
vacancies and promotions. Also attached is the MOU provision regarding the grievance
procedure.
Bob Quinn will be available to meet with us in closed session to discuss this matter.
International Brotherhoodof I workers, AFL-CIO
P.O.Box 4790,Walnut Ceee'k, CA 94596
3063 C"ras Curie Walnut Creek,CA 94598
Tel.No ;925)933-6060 Fax No. (925)933-6115
March 9. 2001
Business Manager
Board of Directors
Truckee Donner Public Utility District
President
Dear Sirs/Ma'am
Recently a dispute has arisen over the award of the Lead Lineman position. A grievance
was filed on February 26, 2001 by 113EW Local 1245 Shop Steward Pat Waite on behalf
of the senior Linemam Mr. Pat McQuary. This grievance was responded to and denied on
March 8, 2001 by District General Manager Peter Holzmeister.
I am at this time referring this issue for your attention, as outlined in Title 14.4 Step 3 of
the Memorandum of Understanding between Truckee Donner Public Utility District and
Local 1245 of the International Brotherhood of Electrical Workers.
Resolution ask for by the Grievant is to award the position of Lead Lineman to the senior
qualified applicant.
Grievant and Union have issues with the scoring as outlined in the response by Mr.
Holzmeister and the `Bypass Letter"dated February 23, 2001, sent to myself and two
Shop Stewards.
His/her Experience in Similar or Related Work:
• Mr. McQuary has been in the position of Lead Lineman for approximately 2.5 "
years in an upgrade capacity, yet was scored lower in this category.
• On December 7, 2000 (only 2 'h months earlier)these two applicants were
scored completely opposite(Mr. McQuary scoring higher)in the same
category for the Foreman Power Services position. (Bypass letter dated
December 7, 2000)
Grievant and Union find it hard to understand how the employee awarded the position
could have gamed more experience in the Lead Lineman position in the aforementioned
21/z months while the Grievant was performing the duties of the Lead Lineman.
Page I of 2 3-09-01
His/her Background of Education and Training in Similar or Related Work:
• Mr. McQuary was scored much lower in this category.
The reasoning behind the "education and training"issue, as given to Mr. Waite at Step 1
of the grievance by his supervisor Mr. Quinn,was that the lineman awarded the position
had taken some college and computer classes. Union has issue with this as there is no
mention in the Job Description of computer skills and no verification of the college being
related to the position at hand. Unions contention is that approximately 2.5 years of on
the job "training"would outweigh "some computer classes."
The Results of a Job Related Test:
• Mr. McQuary was taking this test for the first time in his nineteen year tenure
at Truckee Donner Public Utility District.
• The Lineman awarded the position had taken the same test prior to his being
hired approximately one year earlier.
Grievant and Union believe that this is an unfair advantage to a newly hired employee.
The Documented Quality of the Employee's Total Performance in His/her Current
Job as Determined by the "Job Description by Objectives" Evaluation Process:
• District has failed to implement this process in a timely manner.
• Grievant has received no feedback from anyone concerning problems with his
performance.
Grievant due to his approximately 2.5 years in the Lead Lineman position would have in
Unions view outscored the employee awarded the position in this category.
In closing Union is not stating that the Lineman awarded the position is not qualified but
that Mr. McQuary was then and is now at least relatively equal in qualifications.
Tha you for your fine an�consideratton.
r
Randy Osbor
Business Representative
IBEW Local 1245
Cc: Tom Dalzel
Pat Waite
page 2 of 2 3-09-01
c�
RESPONSE TO GRIEVANCE SUBMITTED BY
PATRICK WAITE ON FEBRUARY 26, 2001
Background
Patrick Waite submitted a grievance February 26, 2001 stating that bargaining
unit members believe the MOU is in violation of section 16.3 in the case of the
appointment of the Lead Lineman. Specifically where 16.3 states when the
"qualifications are relatively equal, seniority shall prevail".
Remedy Requested
The grievance as submitted states that four qualified lineman were bypassed in
favor of a less senior qualified lineman. It is the belief and remedy of the Union
that the Lead Lineman job be awarded to the senior qualified lineman.
Response to grievance
1. Title 1.3 of the MOU states "Except insofar as modified by this agreement, the
management and control of the District and of the employees employed
therein shall remain the sole right, responsibility and prerogative of the
District." Title 16 of the MOU outlines the Employee Standards and Job
Vacancies. Specifically section 16.3 states how determining qualifications of
an employee or prospective employee for appointment will be scored and
evaluated.
2. Title 16.3 (b) in the MOU is quoted below:
(b) "in filling vacancies, the District shall consider the appointment of
employees based on the following qualifications. The list of qualifications
shall be weighted as indicated,
(1) The documented quality of the employee's total performance in
his/her current job as determined by the "Job Descriptions by
Objectives" evaluation process. (30 points)
(2) His/her experience n similar related work. (30 points)
(3) His/her background of education and training in similar or related
work. (20 points)
(4) The results of the job related test. (20 points)
Where the District determines the above qualifications are relatively equal,
seniority shall govern."
3. The District followed the procedure of Title 16.3 to determine the most
qualified person for the appointment of Lead Lineman. Below are the results
of the individuals that were interviewed:
Page 1 of 2 03/08/2001
LEAD LINEMAN INTERVIEW RESULTS
(Averages compiled from individual scoring)
CANDIDATE: BOURQUE I ERCOLIN 1 KERBER I MCQUARY SPRINGER
EXPERIENCE: 181 19 1 18 1 24 ( 27
EDLICATIONfrRAINING: 8 8 11 7 14
TESTS: 14 14 16 15 16
(Wntten)
JDBO: 30 30 30 30 30
TOTAL 70 71 75 76 86
The District had three individual scoring the interview portion of the test, those
three scores are averaged above.
The individual with the highest average score of 86 was Bob Springer. The next
closest individual had an average score of 76.
The difference between the top two individuals is 10 points or 13% over the
second lower score. The District had decided that Bob Springer's score is
significantly higher than the next highest score and therefore appointed him to
the Lead Lineman position. With this amount of difference, the top two
candidates are not considered relatively equal, as the District has determined
using the procedure of Title 16.3 the most qualified candidate was selected.
Decision
The grievance is denied because:
1) The District finds that the most qualified individual was selected for the Lead
Lineman position and the other candidates were not "relatively equal" given the
Title 16.3 procedure used for this appointment. If the top two individuals were
within one point of each other, the District may have decided that there
"qualifications were relatively equal" but that is not the case here.
Peter L. Holzmeister
General Manager
3. cP-0)
Date
Page 2 of 2 03/08/2001
be entitled to Industrial Disability Leave for the duration of such temporary disability. Such
' benefits will begin with the first day of absence following the day of the disability. The
combined amount of industrial disability and Workers Compensation benefits payable for
each day of absence will not exceed 85% of each employee's basic daily wage.
(b)An employee who is absent by reason of industrial disability may be returned to work and
given temporary light duties within his/her ability to perform. The duration of any such period
of temporary work shall be determined by District. Employee shall be compensated at the
rate of their regular classifications while engaged in such temporary duties.
(c)An employee who is absent by reason of non-industrial disability may be returned to work
and given temporary light duties within his/her ability to perform. The duration of any such
period of temporary work shall be determined by District. Employees shall be compensated
at the rate of pay of the classifications to which he/she is temporarily assigned.
12.8 Limitations: The total benefits to be paid for any combination of Personal Disability Leave
and Industrial Disability Leave will not exceed 100% of normal straight-time earnings less
any benefits due from Workers Compensation, State Disability Insurance, Social Security
Disability provisions, and/or any other benefit program to which the District contributes.
12.9 Return to Work: Prior to return to work, the District, in its discretion, may require a physical
release stating the employee is physically able to perform employee's job duties following
any absence in excess of five (5)days because of illness or injury.
12.10 Use of Personal Disability Leave: When an employee is on personal disability leave
employee does not need to use all vacation leave when sick leave runs out. Employee can
leave five (5) days of vacation leave on the books and go on leave without pay, subject to
the provisions of Title 9.3.
TITLE 13
RIGHT TO REPRESENTATION
13.1 Right to Representative: If District management conducts an investigatory interview with
an employee and a significant purpose of the interview is to obtain facts to support discipline
that is probable or that is being seriously considered, then if the employee requests,
employee shall be entitled to have a Union representative present during such investigatory
interview. Upon request by an employee, District management shall either permit a Union
representative to be present or discontinue the investigatory interview. This right shall not
apply to situations in which the employee is merely given instructions, training, correction of
] work techniques, a warning, or when discipline is imposed without the employee being
i questioned by District management in order to obtain facts to support discipline of the
employee. This Section 13.1 is intended to be a restatement of current State law, and is not
intended to enlarge the rights granted by current State law.
TITLE 14
GRIEVANCE PROCEDURE
14.1 Definition: A grievance is defined as meaning any dispute regarding the application of the
following:
(a) The terms of this Memorandum of Understanding.
t (b) The discharge, demotion, or discipline of an individual employee.
1 (c) This procedure does not apply to instances of dissatisfaction by employees over their
2000-02 MOU - Page 15
wage rates once such rates have been established by action of the District's Board of
Directors following the meet and confer process. (Subsection reformatted 1991)
14.2 Representation: In initiating and prosecuting a grievance, any individual employee shall
have the right to present grievances to the District and to have such grievance adjusted
without the intervention of Union, provided that the adjustment shall not be inconsistent with
n the terms of this Memorandum of Understanding, provided that Union's Business
U Representative shall be given an opportunity to be present at such adjustment, and
y provided, further, that grievances settled by individual employees without representation by
Union Officials shall not bind the Union to an interpretation of this Memorandum of
Understanding.
14.3 Time Limits: The time limits specified below may be extended for a reasonable period of
time to a definite date and time by the mutual consent of the involved parties. The party
requesting the time extension shall make such request in writing and submit for
consideration. Time extensions will be valid only with signed approval from both parties. The
failure by the involved employee to meet any specified applicable time limit will constitute a
withdrawal of the grievance. The failure by the involved employer representative to meet
any specified applicable time limit will entitle the involved employee to take the next step in
the grievance procedure.
14.4 Grievance Procedure Steps:
Step 1: The employee, and/or an employee organization official if desired by the employee,
shall discuss the issue with the immediate supervisor.
Step 2: The employee, or an employee organization official if desired by the employee, shall
reduce the issue to writing and refer the matter to the General Manager of the District within
20 working days after the facts or circumstances giving rise to the grievance are available
to the employee, or in the case of disciplinary action against the employee, within ten (10)
working days after(1)the employee is given written notice of the discipline, or(2) a written
determination is made after a pre-disciplinary review, whichever date is later in time. The
written grievance shall state the facts, identify the provisions of the MOU alleged to have
been violated, and state the desired remedy. If necessary to resolve the issue, either party
may request than an informal meeting be held in order to gather pertinent information. If the
dispute is resolved, it shall be reduced to writing and jointly executed by the parties. If the
dispute is not resolved within ten (10) working days after the General Manager's receipt of
referral, then the employee shall immediately proceed to the next step.
Step 3: The employee, or an employee organization official if desired by the employee,
shall, within fifteen (15)days of the General Manager's receipt of the referral in Step 2, refer
the issue, in writing, to the District's Board of Directors. The Board shall respond, in writing,
within ten (10) working days after its next regularly scheduled Board meeting.
Step 4: The employee, or an employee organization official if desired by the employee, shall
refer the issue to Advisory Arbitration within twenty (20) working days after receipt of the
District's response in the foregoing step. The parties shall cooperate in the prompt
appointment of an Advisory Arbitrator. If the parties fail to agree upon the Advisory
Arbitrator, either party, upon written request to the other, may request the Federal Mediation
and Conciliation Service to provide the parties a panel of seven (7) Arbitrators. Upon receipt
of such panel the parties will proceed promptly to select an Advisory Arbitrator by alternately
striking one name from the panel. The last remaining shall serve as the Advisory Arbitrator.
The Advisory Arbitrator shall make a written recommendation to the Board of Directors with
respect to the issue submitted for arbitration. The Board of Directors shall issue a final
2000-02 MOU - Page 16
written decision within ten (10) days of the receipt of the recommendation. The cost of
Arbitration shall be equally borne by the District and the referring party, except each party
shall assume the cost of their presentations.
�( The following rules shall apply at the arbitration: Oral evidence shall be taken only on oath
u or affirmation. Each party shall have the right to call and examine witnesses, to introduce
exhibits and to cross-examine opposing witnesses on any relevant matter even though the
matter was not covered in the direct examination. If the employee does not testify in
employee's own behalf, employee may be called and cross-examined. The hearing shall
not be conducted according to technical evidence rules. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons are accustomed to rely
in the conduct of serious affairs, regardless of its admissibility in civil actions. Hearsay
evidence, otherwise inadmissible in civil actions, may be used for the purpose of
supplementing or explaining other evidence, but shall not be sufficient in itself to support a
finding.
Note: An employee disputing a penalty of a suspension without pay in excess of five (5)
days pay during a twelve (12) month period, or a discharge shall forego Step 1 and 2 of this
procedure.
1 TITLE 15
LAYOFF AND DEMOTION PROCEDURE
15.1 Contract Work: Nothing contained herein will be construed as limiting the right of the
District to determine the methods of its operation, the amount of production, the number of
employees in total or in specific classifications of work. However, the District agrees that in
no case will it lay off employees as the result of work contracted.
1 15.2 Notice: When it becomes necessary to lay off employees due to lack of work, the District
will give employees concerned as much notice as possible except in the case of temporary
employees where no notice is required.
15.3 Layoff and Rehire:
(a) When it becomes necessary to reduce the work force, senior employees will be retained
provided they have the necessary skill and ability to perform the required work as evidenced
by passing a job related test and further provided they can perform the work efficiently at the
completion of the three (3) month probation/orientation period.
(b) Employees may displace junior employees in another classification, provided the
requirements in (a) above are met, prior to being laid off. Any employee displaced out of a
classification may, in turn, also exercise the foregoing option. In no event may an employee
displace another employee with more seniority.
(c) The District shall make a reasonable effort to notify employees on layoff of all job
vacancies which occur within twelve (12) months following layoff. Consideration for rehire
shall be in order of District seniority.
(d) Employees rehired in the twelve (12) month period will be reinstated with all benefits for
which they previously qualified except in the case of a temporary employee where no rehire
status is necessary.
2000-02 MOU - Page 17
I
Enabler: Both the District and the Union recognize that there will arise situations with respect
to employees displaced by new technologies or revisions of operational procedures;
therefore, by written agreement between the District and the Union, special provisions may
be substituted for the provisions of this procedure.
15.4 Journeyman: Journeymen, linemen and line working foremen who are reassigned to
apprentice work will retain journeyman status.
TITLE 16
EMPLOYMENT STANDARDS AND JOB VACANCIES
16.1 Preamble: The District shall determine the work to be accomplished in providing services
to the customers of the District, and may set written standards of reasonable performance.
The District retains the right to organize and direct the work and to determine job
descriptions.
16.2 Employee Competency: The District is the judge as to competency and fitness of
prospective employees for promotion or transfer, and of the satisfactory performance of work
by any employee.
16.3 Consideration:
(a) In determining qualifications of an employee or prospective employee for appointment,
transfer, promotion, or demotion, the District may employ such oral, written or practical tests
provided any test used shall be job performance related. To the extent that the District
chooses to use written testing to determine qualifications for employment, and recognizing
that job related tests are difficult to prepare with current District staff, the District shall use
mutually agreed upon third party testing services to the extent practical. Notwithstanding the
foregoing, other tests may be utilized by agreement between the District and the Union.
(b) In filling vacancies, the District shall consider the appointment of employees based on
the following qualifications. The list of qualifications shall be weighted as indicated.
(1) The documented quality of the employee's total performance in his/her current
job as determined by the "Job Descriptions by Objectives" evaluation process. (30
points)
(2) His/her experience in similar or related work. (30 points)
(3) His/her background of education and training in similar or related work. (20
points)
(4)The results of the job related test. (20 points)
Where the District determines the above qualifications are relatively equal, seniority shall
govern.
16.4 Notice of Vacancy: When (a) new positions are created; (b) additional positions are
created; (c)temporary positions are reclassified as regular; (d)or any vacancy occurs other
than a temporary position as defined in Section 3.4 (b) of the MOU, the District shall notify
each employee of the positions available. Such notice shall set forth the number of
vacancies, the classifications, the job descriptions, the qualifications required, tests required,
the rate of pay and the closing date for receipt of applications. Clerical positions shall be
posted identifying the Department in which the vacancy occurs. Any employee as defined
in Section 3.4 (a) (c) and (d) may apply for consideration in the filling of such vacancies and
the District shall accept for consideration any application received prior to 4:30 PM on the
2000-02 MOU - Page 18
closing date. Employees will have at least forty-eight (48) hours excluding Saturdays,
Sundays and holidays in which to apply. Further, the District will make a good faith effort to
contact vacationing employees or employees on leave through friends, family or
acquaintances so that they can make application(s) for open positions.
16.5 Employee Appointments: Regular employees who are appointed to fill vacancies shall be
placed on probation/initial orientation in the new position for a period of three (3) months.
At any time during this period either the employee or the District may terminate the
appointment. Employees in a probationary/initial orientation status are ineligible to bid other
vacancies.
16.6 Terminated by Employee: If the appointment is terminated by the employee, the employee
may, if qualified, fill the vacancy created by the coincidental promotion of another employee
or in the alternative shall be either: (1) returned to employee's previous classification and
wage rate provided that a vacancy exists; (2) transferred to some other classification
mutually satisfactory to both the employee and the District provided a vacancy exists; or, (3)
laid off with rehire rights as provided for in Section 15.3.
16.7 Terminated for Unsatisfactory Performance: If the appointment is terminated because
of unsatisfactory performance, the same considerations as provided for in Subsection 16.6
will apply. In lieu of layoff, the employee may, if qualified, elect to follow the demotion
procedure set forth in Title 15.3(b).
16.8 Position Eliminated: If the appointment is terminated because the position is eliminated,
the employee's status will be determined by employee's seniority and qualifications as
provided for in Title 15, Section 15.3.
16.9 Notice of Filling:
(a) If the District receives no applicants for a job posting, the District will, within five (5)
working days, post a notice to that effect on the District bulletin boards.
(b) The District shall appoint the successful applicant to the posted position within twenty
(20)working days following the completion of the selection process as provided in Section
16.3(a). Notice of the appointment, including the name of the appointee, shall be posted on
the District bulletin boards at that time.
(c) The Union Business Representative and Shop Steward(s) shall be promptly notified of
any employee who is bypassed and the related reasons.
16.10 Employee Development Program
(a) There will be established an employee development program, the goal of which is to
assist employees to become highly competent in their current positions and to provide
guidance to them in choosing training to become qualified to move into new positions and
vacant positions which become available at the District.
(b) With respect to positions held by current District employees, the District will provide
training to the incumbent employee in order to maintain and improve performance and to
integrate preferred technologies and work processes into District operations.
(c) The District may, at its discretion, provide cross training to employees who are located
within lateral or lower positions as described in Exhibit C. The purpose of cross training is
to provide back-up support for employees so that District functions are continued during
periods of employee absence or during peak periods of need.
2000-02 MOU - Page 19