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to determine what additional safety equipment will be provided. The County <br />opposes Local 2201's proposed change. <br />Paragraph 14.02 provides that uniforms and protective clothing "shall be replaced <br />upon being lost, or becoming worn or damaged as determined by management." <br />In practice, the decision to replace worn or damaged articles is made by the <br />Training Division — one member of management and one bargaining unit <br />employee. Local 2201 has proposed the deletion of management's right to <br />determine when items should be replaced. The County opposes Local 2201's <br />proposed change. <br />Special Magistrate's Recommendation: <br />Replace the existing 1114.01 with the following as proposed by the County: "The <br />Employer will provide adequate uniforms and safety equipment as deemed <br />necessary by management." Keep 1114.02 status quo as proposed by the County. <br />County Administrator's Recommendation: <br />As of the parties' 13th bargaining session on April 16, 2014, both parties were <br />proposing the changes to ¶14.01 requested by the County, and were proposing to <br />leave Paragraph 14.02 status quo. [See Exhibit F hereto; Local 2201 11/18/13 <br />Proposal.] At the parties' next bargaining session on May 29, 2014, on the eve of <br />the declaration of impasse, Local 2201 significantly changed its position on these <br />paragraphs. Local 2201 has presented no valid basis for doing so. Hence the <br />reason why the Special Magistrate recommended in favor of the County on both <br />paragraphs. <br />It is the County's position that uniforms and equipment should be replaced when <br />worn out or damaged, not on an artificial annual schedule. Simply stated, it <br />would be irresponsible for the County to spend taxpayer money to replace items <br />that do not need to be replaced. Moreover, it is management's right under Article <br />10 of the CBA to determine the safety equipment to be provided to the bargaining <br />unit employees and when uniforms or protective clothing should be replaced. <br />Local 2201's proposal would result in the disagreements regarding what safety <br />equipment is necessary, and whether uniform items should be replaced, being <br />determined by an arbitrator. Besides the absurdity of going to arbitration over the <br />replacement of a pair of trousers, it is outside the purview of an arbitrator to <br />determine on what safety equipment the County should spend taxpayers' money <br />to purchase and require its employees to use. Thus, Local 220I's proposal must <br />be rejected. <br />While the Special Magistrate recommended the County's position on 114.01 and <br />14.02, in an attempt to alleviate some of Local 2201's concerns about deleting the <br />list of uniform items and equipment, the County has modified its proposal as <br />reflected in Exhibit G hereto. Accordingly, I recommend that the BCC adopt the <br />County's modified proposal attached as Exhibit G hereto. <br />