Laserfiche WebLink
they shall jointly request a list of five (5) qualified arbitrators from the California State <br />Mediation and Conciliation Service. If mutual selection cannot be made from the list <br />received within five (5) days, the parties shall select the arbitrator by alternately <br />striking names until only one name remains; that person shall serve as the arbitrator. <br />The party which strikes the first name from the list of arbitrators shall be determined <br />by a toss of a coin. The fees and expenses of the arbitrator and of a Court Reporter <br />shall be shared equally by the Employee Union and the City. Each party, however, <br />shall bear the cost of its own presentation, including preparation and post hearing <br />briefs, if any. <br /> <br /> Decisions of Arbitrators on matters properly before them shall be final and binding on <br />the parties hereto. <br /> No Arbitrator shall entertain, hear, decide or make recommendations on any dispute <br />involving a position over which a recognized employee organization has jurisdiction <br />unless such dispute falls within the definition of a grievance as hereinabove set forth <br />in paragraph (A) of this Section. <br /> <br /> Proposals to add or change this Memorandum of Understanding or written agreements <br />or addenda supplementary hereto shall not be arbitrable and no proposal to modify, <br />amend or terminate this Memorandum of Understanding, nor any matter or subject <br />arising out of or in connection with such proposal, may be referred for arbitration <br />under this section; and no Arbitrator shall have the power to amend or modify this <br />Memorandum of Understanding or written agreements or addenda supplementary <br />hereto or to establish any new terms or conditions of employment. <br /> <br />C. All grievances involving or concerning the payment of compensation shall be initially <br />filed in writing with the Human Resources Manager. In such cases no adjustment shall be <br />retroactive for more than sixty (60) days from the date upon which the grievance was <br />filed. Only grievances which allege that employees are not being compensated in <br />accordance with the provisions of this Memorandum of Understanding shall be considered <br />as grievances. Any other matters of compensation are to be resolved in the meeting and <br />conferring process and if not detailed in the Memorandum of Understanding which results <br />from such meeting and conferring process shall be deemed withdrawn until the meeting <br />and conferring process is next opened for such discussion. <br /> <br />No changes in the Memorandum of Understanding or interpretations thereof (except <br />interpretation resulting from arbitration proceedings hereunder) will be recognized unless <br />agreed to by the City Manager and the Employee Union. <br /> <br />Section 27. City Rules <br /> <br /> The rules, regulations, resolutions and ordinances adopted by the City of San Leandro and the <br />Personnel Relations Board apply to all employees in this unit except as specifically amended as <br />a result of recommendations set forth in this Memorandum of Understanding. <br /> <br />Section 28. Modified Duty <br /> <br /> When an employee cannot perform the full range of duties of the classification as a result of an <br />illness or injury, such employee may be assigned modified duty if reasonable accommodation <br />22