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International Union of Operating Engineers, Stationary Engineers - Local 39

2018 - 2019 Local 39Memorandum of Understanding:  Article 21: Safety

International Union of Operating Engineers, Stationary Engineers - Local 39

21.1 Shared Safety Obligations

The County is committed to providing a safe and healthy workplace for its employees. It is the duty of all employees to follow safe work practices and procedures and to report any unsafe practices or conditions to their immediate supervisor or designee.

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21.2 Safety Program

The County provides an Occupational Safety and Health Program in accordance with Sonoma County Administrative Policy 6-4 Safety Management Policy and Sonoma County Safety Management Program adopted by the Board of Supervisors on February 26, 2008, Resolution #08-0157.

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21.3 Safety – Hazard Report, Action, Appeals Process

All hazard reports, actions, and appeals shall follow the process contained in the County of Sonoma Safety Management Policy, Administrative Policy 6-4, and Sonoma County Safety Management Program, and shall not be grievable.

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21.4 Safety Training

The County shall continue a County-wide training program for employees, subject to the review and approval of the County-wide committee.  Safety training shall include training in identification and correction of health and safety hazards, training in safe work practices, training in hazard reporting and appeal processes, training in CAL-OSHA regulations and procedures. Safety training shall be provided employees on a regular basis.  Written records shall be maintained by the Safety Coordinator reflecting the date, duration, and subject matter of any training provided.  Training shall be conducted at the lowest practical level of supervision.

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21.5 Non-Grievability

This Article 21 is not grievable nor arbitrable.

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21.6 Cooperative Committee

21.6.1

To foster union-management cooperation, Local 39 and the County agree to convene as needed and no more frequently than four (4) times during a calendar year a Cooperative Committee composed of no more than six (6) employee bargaining unit members, chosen by the Union, in addition to the Union Business Representative, and six (6) County representatives.

21.6.2

Either the Union or the County may request a meeting of the committee.  An agenda will be developed prior to the meeting by the Union Business Representative and a designated County representative.  The purpose of the Cooperative Committee is to discuss ideas, as agendized, that impact bargaining unit members and/or bargaining unit work, and aim at improving performance, mutual welfare and public benefit within the County departments and divisions that include bargaining unit members.  The Committee, however, will not consider matters within the scope of bargaining or matters that are the subject of a grievance.  Without prior mutual agreement between the County and the Union, no Cooperative Committee meeting shall exceed one (1) hour.

21.6.3

The parties understand and agree that this Section 21.6 does not abrogate or imply the abrogation of any provision of this MOU.  After a trial period consisting of four (4) Cooperative Committee meetings, either the Union or the County may terminate this Section 21.6.  This Section 21.6 is not subject to Article 26, Grievance Procedure.

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