2005 RES R-137-05 - Laserfiche WebLink

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from the list until one name remains. The right to strike the first name is determined by lot. B. Private HearinQ--Discipline appeal azbitration/mediation hearings shall be private. C. Costs and Expenses -- Each party shall beaz equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees. D. The arbitrator/mediator shall render a decision in writing within 30 days of the close of the hearing or of his/her receipt of closing briefs, whichever is later. The decision of the arbitrator/mediator final and binding and is not subject to any administrative or judicial review except pursuant to the Code of Civil Procedure Section 1286.2. SECTION 5: Union Leave Two employees, designated by the Union, shall be given up to 40 hours each, per fiscal year, at different times, or one employee 80 hours per year, of unpaid leave to attend to Union business. Employees requesting such leave shall give the Departrnent Manager at least two weeks advance notice. In deciding whether to grant such leave, the Department Manager may take into account staffing and other legitimate City interests, provided that all leaves will not be denied unreasonably. SECTION 6: Paritv Laneuaee The City and the Union agree to the following language: The City agrees that during the term of this Memorandum of Understanding it will attempt not to enter into any agreement, whether written or otherwise, with any other bargaining unit or employee group in the City that obligates the City to provide any monetary or non-monetary benefit based upon any provision in the MOU or any benefit, salary or otherwise received by members of this Union. The intent of this provision is to eliminate any ties between the salary and/or benefits received by members of this bargaining group and those received by members of any other bazgaining group in the City. Nothing in this section, howevec, shall operate to prevent the City from meeting and conferring in good faith with other bazgaining units. SECTION 7: MANAGEMENT RIGHTS It is understood and agreed that the City retains all of its powers and authority to direct, manage, and wntrol to the full extent of the law. Included in, but not limited, to those duties and powers aze the rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; contract out work, transfer work out of the unit, maintain the efficiency of City operations, build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue and take ac6on on any matter in the event of an emergency. Emergency is a sudden, generally unexpected, occurrence or occasion requiring immediate action which affects City facilities or equipment or otherwise involves an Act of God or specific governmental order requiring the City to take certain action or refrain from taking certain action. In addition, the City retains the right to hire, classify, assign, evaluate, promote, discipline and ternunate employees. 10/24/OS Page 7 of 42 Colton M O U Water Was[ewa[er Unit Draft No 4