300-12 Grievance Procedure Flashcards
The department, through the grievance process, seeks to…
resolve employment related issues in a timely, fair, and just manner.
48-Hour Notification Form.
A meeting notice provided to classified employees prior to any step meeting.
Alternative Dispute Resolution (ADR) Unit.
The department unit responsible for processing a variety of employee workplace issues via informal resolution processes such as Grievance, Mediation, Employee Relations, Employee Representative Council (ERC), and Employee Concern Resolution Program (ECRP).
Arbitration (classified only).
A process of dispute resolution in which a neutral, third-party hearing examiner renders a decision after a hearing at which both parties have an opportunity to be heard and to present evidence.
Grievance Coordinator
A department employee assigned the task of processing employee issues filed through the department’s grievance process.
Grievance Review Committee
The committee responsible for hearing civilian grievance appeals at Step Ill.
Grievant.
An employee who files a grievance
Notice of Grievance Meeting Form
A four-day notice provided to civilian employees prior to any Step I or Step II grievance meeting.
Step I Grievance Meeting
A division level meeting usually chaired by a division commander
Step II Grievance Meeting
A meeting usually chaired by an assistant chief or equivalent in the employee’s chain of command and ultimately decided by the Chief of Police.
Step Ill Civilian Grievance Hearing
A grievance meeting overseen by the Grievance Review Committee. This is the final step in the civilian grievance process.
Step Ill Classified Grievance Hearing
A grievance meeting chaired by a grievance examiner selected by the Civil Service Commission.
Step IV Grievance Review
A grievance review chaired by the Police Officers’ Civil Service Commission. This is an appeal process that does not require attendance by the employee or a department representative. This is the final step in the classified grievance process.
GENERAL PROVISIONS
Filing Grievance on Duty
All employees shall be allowed reasonable time during regular working hours to…
This time shall not be charged against the employee.
file a grievance and to attend scheduled grievance meetings or hearings.
GENERAL PROVISIONS
Allegations of Discrimination
If at any point in the grievance process an employee verbally or in documentation alleges discrimination, then all discrimination-based issues, documents, or testimony shall…
All allegations of discrimination shall be…
1) be excluded from consideration of the grievance process
2) referred to the appropriate division or office for resolution.
GENERAL PROVISIONS
Tolling
Tolling stops the statutory time period mandated in the grievance statute or the applicable Meet and Confer Agreement while…
If appropriate, the issue may be returned to the grievance process for continued resolution without…
1) an issue under consideration is being handled through another department process.
2) jeopardizing statutory time lines
PROVISIONS OF THE CLASSIFIED MEET AND CONFER AGREEMENT
Written Reprimands
In compliance with the current Meet and Confer Agreement, an officer who files a grievance regarding a _____may elect to waive the Step I meeting and proceed directly to Step II.
The officer shall make this election known to the grievance coordinator at the time the_____.
1) written reprimand
2) grievance is initially filed
PROVISIONS OF THE CLASSIFIED MEET AND CONFER AGREEMENT
Written Reprimands
Under terms of this agreement the Chief of Police may delegate the authority to issue final discipline of classified officers to a commander with a rank no lower than captain. For discipline to be delegated, both of the following criteria must be met:
a.
The discipline shall be no more than a…
b.
The commander must be…
1) written reprimand or a one- or two-day temporary suspension.
2) in the officer’s chain of command and have reviewed the administrative investigation that is the subject of the discipline
PROVISIONS OF THE CLASSIFIED MEET AND CONFER AGREEMENT
Written Reprimands
Any delegated person who issues a written reprimand or an officer of higher rank in the chain of command may also be delegated by the Chief of Police to…
For cases in which the Step I and Step II grievance meetings were not combined and the Step II meeting has been delegated by the Chief of Police, the Step I meeting may be…
1) conduct a Step II or combined Step I and Step II grievance meeting related to that written reprimand.
2) conducted by a lieutenant in that same chain of command.
PROVISIONS OF THE CLASSIFIED MEET AND CONFER AGREEMENT
Employee Efficiency Rating (EER)
A classified employee may file a grievance regarding a job performance review only when…
A grievance cannot be filed regarding…
1) the overall rating is reduced to less than “Effective.”
2) specific performance factors
INITIATING THE GRIEVANCE PROCESS
All grievance issues shall be first presented to the _____ for eligibility review and processing.
If the issue is determined to be eligible for the grievance process, an…
The grievance coordinator shall…
1) Alternative Dispute Resolution (ADR) Unit
2) Issue Record Form (IRF) shall be completed and a tracking number assigned.
3) fully explain the grievance process and answer any questions the employee might have.
STEP I PROCEDURE - CLASSIFIED
To file a grievance, an officer shall complete a Step I form by…
The grievance coordinator shall coordinate a Step I meeting with _____, and any other person that may offer assistance in resolving the issue.
1) stating the nature of the grievance and the proposed resolution.
2) the officer, the officer’s commander, the person, if any, against whom the grievance was lodged
STEP I PROCEDURE - CLASSIFIED
If the grievance was lodged against the Chief of Police, the Chief may send a representative, unless…
If the officer’s immediate supervisor is the Chief of Police, the procedures described for Steps I and II are _____. The Chief of Police shall meet with the officer and may not…
1) the Chief is the officer’s immediate supervisor.
2) combined
3) appoint a representative.
STEP I PROCEDURE - CLASSIFIED
The Step I meeting shall be concluded no later than _____days after the date on which the grievance was filed.
The persons in attendance shall…
1) 30 calendar
2) fully, candidly, and openly discuss the grievance with the officer in a sincere attempt to resolve the issue.
STEP I PROCEDURE - CLASSIFIED
A minimum of _____hours’ notice shall be given to the grievant before any grievance meeting.
Failure to give the 48-hour advance notice shall…
The officer may elect to waive the 48-hour notice by…
This form is available on the HPD Intranet Portal.
The concerned division commander shall forward a signed copy of the 48-Hour Notification Form to the_____.
1) 48
2) sustain the grievance in favor of the grievant and no further action shall be taken.
3) signing the 48-Hour Notification Form where indicated.
4) ADR Unit
STEP I PROCEDURE - CLASSIFIED
Step I Response
Regardless of the outcome of the meeting, the division commander shall respond in writing to the Grievance Section no later than _____ days after the date the Step I meeting concluded.
The division commander’s response shall include the following:
a.
Acknowledgment of having received the grievance, including the time and date the grievance was received and…
b.
Analysis of the _____ involved in the grievance.
c.
An explanation for _____ the allegations made in the grievance.
d.
Identification of the…
1) five calendar
2) the name of the person who received the grievance.
3) facts or allegations
4) affirming or denying
5) remedy or adjustments, if any, to be made.
STEP I PROCEDURE - CLASSIFIED
Step I Response - Notice to Officer
The Grievance Section shall provide the grievant with the written response within _____ days after the date the grievance meeting concluded. Notification to the grievant shall be by one of the following methods:
a.
The grievant shall be contacted by _____ and asked to come to ADR and _____
b.
The response shall be sent by _____ (with return receipt requested) to the officer’s home address as indicated on the grievance form.
1) 15 calendar
2) telephone
3) sign for the written response.
4) certified mail
STEP II PROCEDURE - CLASSIFIED
If the grievant rejects the department’s Step I resolution, the officer has _____days after the date of receipt of the Step I response to _____.
If the officer fails to file a Step II grievance by the deadline, the resolution proposed by the department is considered…
1) 15 calendar
2) file a Step II grievance
3) accepted and the issue shall be closed by ADR.
STEP II PROCEDURE - CLASSIFIED
If a Step II grievance is filed, the grievance coordinator shall arrange a meeting between the…
However, depending on the nature of the issue, it may be necessary to have the Step II meeting conducted by an…
The Step II meeting shall be concluded no later than _____ days after the date on which the Step II grievance form is filed.
1) grievant and the assistant chief in the officer’s chain of command, or the appropriate assistant chief having the responsibility for resolving the issue.
2) assistant chief outside the officer’s chain of command.
3) 15 calendar
STEP II PROCEDURE - CLASSIFIED
A minimum of ___hours’ notice shall be given to the grievant before any grievance meeting.
Failure to give the 48-hour advance notice shall…
The officer may elect to waive the 48-hour notice by…
The concerned assistant chief shall forward a signed copy of any reissued 48-Hour Notification Form to ____.
1) 48
2) sustain the grievance in favor of the grievant and no further action shall be taken.
3) signing the 48-Hour Notification Form where indicated.
4) ADR
STEP II PROCEDURE - CLASSIFIED
Step II Response
Regardless of the outcome of the Step II meeting, the assistant chief shall submit a written recommendation to the _____ within _____ days after the conclusion of the Step II meeting.
A written response shall be drafted from the _____ to the grievant and the response shall be forwarded to the Grievance Section within _____ days after the date the Step II meeting is concluded.
1) Chief of Police
2) five calendar
3) Office of the Chief of Police
4) ten calendar
STEP II PROCEDURE - CLASSIFIED
Step II Response - Notice to Officer
The Grievance Section shall provide the grievant with the written response within _____ days after the date the Step II grievance meeting concludes.
Notification to the officer shall be by one of the methods outlined in section 4, Step I Procedure - Classified, subsection “Step I Response - Notice to Officer.”
1) 15 calendar
a. The grievant shall be contacted by telephone and asked to come to ADR and sign for the written response.
b. The response shall be sent by certified mail (with return receipt requested) to the officer’s home address as indicated on the grievance form.
STEPS Ill AND IV PROCEDURES - CLASSIFIED
Step Ill Procedure
If the grievant formally rejects the department’s Step II response, the grievant may continue the grievance process by completing a Step Ill grievance form at the City of Houston Human Resources Department, Employee Relations Division, within ____ days after the date of receipt of the Step II response.
At Step Ill a Civil Service Commission grievance examiner shall preside over a hearing between the grievant and a…
Arbitration Option (Classified Only).
In lieu of a Step Ill grievance hearing, the grievant may elect to use _____in order to resolve the grievance issue.
1) 15 calendar
2) department representative designated by the Chief of Police.
3) arbitration
STEPS Ill AND IV PROCEDURES - CLASSIFIED
Step Ill Response
At the conclusion of the Step Ill hearing, the grievance examiner shall…
The grievance examiner shall forward the Step Ill written response to the grievant and the department via certified mail within _____ days after the Step Ill hearing concludes.
1) prepare written findings and recommendation(s) for resolution of the grievance.
2) 15 calendar
STEPS Ill AND IV PROCEDURES - CLASSIFIED
Step IV Procedure
If the grievance examiner rules against the grievant or the department at Step Ill, either party may continue the grievance process by _____ at the City of Houston Human Resources Department, Employee Relations Division, within _____ days after the date of receipt of the Step Ill response.
Step IV is a _____.
The Step IV review is the final step in the grievance process.
1) completing a Step IV grievance form
2) 15 calendar
3) review process only, not a hearing
STEPS Ill AND IV PROCEDURES - CLASSIFIED
Step IV Response
The _____ shall forward its written findings via certified mail to the grievant and the department within _____ days after the Step IV review is concluded.
1) Civil Service Commission
2) 15 calendar
EXCEPTIONS TO TIME LINES
This section applies to both the classified and civilian grievance processes.
The dates required for scheduling meetings or hearings may not be extended except when an _____, _____, or the _____.
Any extension granted shall be _____and not unduly or unnecessarily delay the grievance process.
1) investigation for criminal misconduct is pending
2) when the failure to meet a date is the result of an authorized leave of absence or excused illness of the grievant
3) parties mutually and voluntarily agree in writing to extend the deadlines.
4) reasonable
VIOLATION
It is a violation of Civil Service rules and regulations and department policy for any supervisor to…
retaliate against any employee for utilizing the grievance process.
PENALTY
If an employee fails to meet any filing deadline, the employee…
forfeits the right to continue the grievance process.
REPRESENTATION
Employees may represent themselves or obtain a representative at…
The representative need not be an _____.
However, the City of Houston is not obligated to…
For civilian employees, the representative cannot be a_____
1) any time during the grievance procedure.
2) attorney
3) provide or pay the costs of providing such representation.
4) City of Houston employee.
COMPENSATION
Employees eligible for compensation who are subpoenaed by the city attorney’s office to appear as factual witnesses in any hearing or meeting are entitled to…
Employees whose testimony relates primarily to _____are not entitled to compensation.
Employees eligible for compensation who initiate grievances shall be compensated if…
1) compensation for the time the employee is required to be present at the hearing.
2) the character or reputation of the employee
3) any meeting or hearing is scheduled outside their normally assigned working hours and they prevail in the grievance.
GRIEVANCE RECORDS
ADR shall maintain copies of all…
grievance related files in a secure location separate from the employee’s personnel files.
AUTHORITY
Classified
The governing law for classified grievances is found in Chapter 143 of the _____and the _____.
Civilian
The governing rules for civilian grievances are found in the_____
1) Texas Local Government Code
2) current Classified Meet and Confer Agreement
3) current Civilian Meet and Confer Agreement.
