HomeMy WebLinkAbout1989-07-06 CSB SPECIAL HEARING [2]PRESENT:
ABSENT:
OTHERS:
BOARD OF CAREER SERVICE COMMISSIONERS
July 6, 1989
SPECIAL HEARING
William Belt, Carla Davidson, Janet Kerzic, JoEllen Turner, Harry
M. Fleenor, Jr.
None
Martin Semple, Labor Attorney & Chief Negotiator
Searl Brier, Personnel Assistant
Peter Juenemann, EEA President & Appellant
Mary Ann Gregory, Recording Secretary
Chairman Harry Fleenor opened the meeting. A roll call was taken and a quorum
established.
Chairman Fleenor announced the purpose of the meeting was to hear issues relating
to the contract grievance of association strategy meetings during working hours
filed by Peter Juenemann and the Englewood Employees Association.
Mr. Peter Juenemann, EEA President and Appellant gave opening statements to the
Board explaining the intention of the appeal and indicated what remedy the group
sought.
Mr. Martin Semple, Labor Attorney & Chief Negotiator made opening remarks for the
City indicating their views regarding this grievance. Mr. Semple submitted a
position statement on the City's behalf and asked the board to review the
information.
Both sides presented evidence and there were no witnesses called to testify.
Chairman Fleenor called for closing statements from the Appellant and the City
and each side gave such statements.
Chairman Fleenor stated the written findings and decision would be completed and
issued within the 20 day time constraint.
The board entered into a closed session and the hearing was adjourned at 7:52
p.m.
BEFORE THE ENGLEWOOD CAREER SERVICE BOARD
IN THE MATTER OF THE GRIEVANCE OF PETER JUENEMANN
AND THE ENGLEWOOD EMPLOYEES ASSOCIATION
FINDINGS, DECISION AND ORDER
Introduction and Statement of the Case
This a grievance which comes to the Career Service Board under Article
28, Grievance Procedure, of the contract between the City of Englewood and the
Englewood Employees Association for the period January 1, 1988 through December
31, 1990. Pursuant to step 4 of the Article, the Career Service Board is vested
with the authority to hear and determine grievances that are unresolved through
prior steps of the grievance procedure. All parties agree that the prior steps
of the grievance procedure had been complied with and that it was procedurally
appropriate for the matter to be before the Board.
This grievance was filed on May 25, 1989. The employee filing the
grievance is Peter Juenemann, EEA/AFSME President, on behalf of the Englewood
Employees Association. The hearing was held on July 6, 1989.
FINDINGS OF FACT
The Board hereby finds the following fact established by the evidence presented
in this case:
1. In so far as the word, Meeting, in line 3 of Article 31, paragraph
one, of the Englewood Employees Association's current contract has not been
defined as to exclude union strategy and planning meetings.
2. The words, grievance and negotiations of Article 31, paragraph one
line six of the Englewood Employees Association current contract, have not been
defined to exclude planning and strategy meetings.
3. Furthermore none of the above referenced words are defined as to
their specific exclusion.
4. All words referred to above are in their all inclusive generic
sense. As no enumeration or delineation has been set out in the contract, to ask
that it be done now would be outside the present perimeters.
5. If the above referenced words are to have specific meanings, such
meanings can and should be defined between the two parties. However, there is no
indication presented by either party that this matter was even discussed, let
alone agreed upon during the last negotiations of the contract.
DECISION
There is no authority in the contract for a blanket denial of payment
for strategy and planning meetings.
ORDER
The Career Service Board hereby orders and directs that the Memorandums
of May 18, 1989, and May 31, 1989, to Peter Juenemann, EEA President be retracted
and that all Englewood Employees Association planning strategy meetings may be
held on city work time at the discretion of the city on a case by case basis.
Date: 7/~~
Carla Davidson
(
ul'i en Turner