HomeMy WebLinkAbout1986-04-16 CSB SPECIAL HEARING [3]'.
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PRESENT:
ABSENT:
OTHERS:
BOARD OF CAREER SERVICE COMMISSIONERS
APRIL 16 & May 6, 1986
SPECIAL HEARING
Tom Fitzpatrick, Janet Kerzic, JoEllen Turner,
Cathy Pokraka
Don Weber
Peter Juenemann, EEA/AFSCME President
Michael Gruninger, EFFA President
John Knoth
Mel BeVirt, Employee Relations Director
Gary Kasson, EPBA President
Robert Holmes, Chief of Police
Commissioner Pokraka opened the meeting. Roll call was taken and
a quorum was established.
The purpose of the hearing was to determine the timeliness and
validity in the grievance filed by John Knoth.
The city stipulated that the grievance was filed timely, but
disagreed with the fact that it is grievable due to the language
in the contract •
Knoth contends that it is taken out of context and the
negotiators need to be called to interpret further intent.
Commissioner Turner moved and Commissioner Kerzic seconded that
both parties agree to the timeliness. The vote was unanimous.
Commissioner Turner moved that the grievance filed on April 16,
1986 is timely and grievable. Commissioner Fitzpatrick seconded
the motion and asked for discussion. He then called for the
question. A roll call vote was taken on the question of
timeliness and the vote was unanimous. A call for the vote of
grievability and the vote was unanimous.
The Board set May 6, 1986 at 6:30 p.m. to hear the grievance.
Commissioner Fitzpatrick moved to adjourn into Executive Session.
The Board reconvened on May 6, 1986 at 6:30 p.m. All Board
members were present.
The purpose of the meeting was to discuss the individual
grievance filed by John Knoth. For the record, the grievance as
received was read .
The City was represented by Mel BeVirt, Employee Relations
Director. He stated the City's position is that they believe the
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language is clear and unambiguous and should be accepted as
stated and written.
Two exhibits were presented for the Board's information. Mr.
BeVirt referred the Board to "How Arbitration Works", by Elkouri
and Elkouri, Chapter 9, Page 303, in which it states that when
language is clear and unambiguous, there is no need to give any
other interpretation. Knoth cross examined, afterwhich the City
rested its case and asked to be dismissed, waiving their right to
cross examine.
Knoth presented his position to be that something has been left
out, that being the .City already agreed to allow police employees
to sell back the holidays. Therefore, the agreement has already
been reached.
Knoth called several witnesses to verify that negotiators as well
as the Chief of Police Robert Holmes, met with the police
employees before the contract was ratified, to explain the
agreement and benefit of the buy back plan.
Knoth presented his closing comments, stating the language is
clear but what is missing is when the mutual agreement was
reached. The Association's position is that the mutual agreement
was prior to the signing of the contract. Knoth then rested his
case.
The Board set May 15, 1986 at their Regular Meeting as the date
to render a decision.
Cornmissione~ F~tz~a~rick moved to adjour~ ~
Cathy Pokraka, Vice Chairman Beverly R. ~ju n
Recording secretary
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