Art2 Grievance/arbitration Flashcards
Informal resolution.
- As a matter of good labor management relations the parties encourage a unit member who believes that he has a bona fide grievance to discuss and attempt to resolve it with his immediate non-unit supervisor as designated by the chief or his designee.
- if the above informal discussion is held and does not resolve the grievance, the unit member may file a grievance in accordance with the following procedure.
Definition of grievance?
1.A grievance is a written allegation by a unit member, submitted as herein Specified, claiming violations of the specific express terms of this document for which there is no civil service or other specific method of review provided by state or city law.
Procedure!
- Step I
The unit member shall reduce his grievance to writing by signing and completing all parts of the grievance form provided by the city and submit it to his immediate non-unit supervisor within ? calendar days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the grievant and the grievance representative, if any, as he deems appropriate, and shall, within - ? calendar days of having received the written grievance submit his response thereto in writing to the grievant. The parties by written agreement may move the grievance to step II of the grievance procedure.
14 calendar days
14 calendar days
- Step II
If the written response for that mediate non-unit supervisor does not result in a resolution of the grievance, the grievant may appeal the grievance by signing and completing the city form and presenting it to his division for bureau commander within ? Calendar days of the grievants receipt of the supervisors response. Thought division bureau commander may investigate the grievance and may set a meeting with the grievant, The grievants designated representative, if any, and such other personnel as he deems appropriate to consider the grievance. Within ? Calendar days of receipt of the grievance, the second level of review shall submit his response to the grievance to the grievants representative, if any.
14 calendar days
14 Calendar days
- Step III
a. If the response to the second level review does not result resolution of the grievance, the grievant may appeal to the grievance by signing and completing the city form and presenting it to the police chief within ? calendar days of the grievance receipt of the step to respond.
14 Calendar days
B.
The chief or designee shall conduct a hearing within 14 calendar days of receipt of the grievance regarding the grievance at which the grievant shall be afforded the opportunity to fully present his position and to be represented. Within ? days of the hearing, the police chief or designee shall submit his response to the grievant and a grievants representative, if any.
14 calendar days
14 days of the hearing
- Step 3.5
After the department heads decision, but prior to the review by the grievance committee, the parties involved may mutually agree to submit the grievance to the Labour relations administrator.
The grievance, as originally written and attached response from the department head, must be submitted the Labor Relations administrator within ? calendar days of receipt of the department heads answer.
The labor relations administrator Shall, within ? calendar days of the receipt of the grievance, meet with the departments head or his designee and the unit member and his representative and attempt to resolve the grievance.
The Labor relations administrator shall then submit written recommendations for resolution to the unit member and department head within ? calendar days of the meeting. If step 3.5 is used, the labor relations administrator shall not be a member of the step IV grievance committee.
14 calendar days
14 calendar days
14 calendar days
- Step IV
A. If the response of the police chief does not result in resolution of the grievance, the grievant may within ? calendar days of step III response, may appeal the grievance by signing and completing the city form and presenting it to the grievance committee. The grievance committee shall be composed of:
Chairman- a member of the city manager’s office designated by the city manager.
Secretary - the designee of the Labor relations administrator.
Member- a different city department head on a rotating schedule.
Member- plea president or designee.
14 calendar days.
B. A grievance committee shall schedule a hearing regarding the grievance at which point the grievant shall be afforded the opportunity to fully present his position and to be represented.
The grievance committee shall schedule a hearing
C. If the grievant so Elects in writing within the above time limit, in Lieu of such hearing the grievance may be reviewed by an arbitrator. The parties, or their designated representatives, shall agree on an arbitrator, and if they are unable to agree on an arbitrator within a reasonable time, either party may request the Federal mediation and Conciliation service to submit to them a list of ? arbitrators who have had experience in the public sector.
The party shall, within? Calendar days of the receipt of the said list, select the arbitrator by alternately striking names from said list until one name remains. Such person shall then become the arbitrator. The arbitrator self-selected shall hold a hearing as expeditiously as possible at a time and place convenient to the parties, and shall be bound by the following:
7 arbitrators
7 seven calendar days of the receipt of a said list.
The arbitrator shall be bound by the language of this document and department rules and regulations consistent therewith in considering any issue properly before him.
The arbitrator shall expressly confine himself to the precise issue submitted to him and shalI have no authority to consider any other issue not to him.
The arbitrator shall be bound by applicable state and city law.
The grievance committee or the arbitrator shall submit findings and advisory recommendations to the grievant and to the city manager. The cost of the arbitrator and any other mutually incurred costs shall be borne equally by the parties.
The city manager shall, within ? Calendar days of the receipt of the written findings and recommendations, make the final determination of the grievance and submit it in writing to the grievant and his designated representative.
The city manager shall, within 14 calendar days of receipt of the written findings and recommendations make the final determination.
D. Time limits
Failure of the city management representatives to comply with time limit specified in paragraph C shall entitle the grievant to appeal to the next level review; and failure of the grievant to comply with sad time limits shall constitute abandonment of the grievance; except however, that the parties may extend time limits by mutual written agreement in advance.
Failure by employee to comply with time limits shall constitute an abandonment of the grievance.
The association may, in its own name, file a grievance that alleges violation by the city of the rights accorded to the association by the specific terms of article 1-3 of this document. The Association shall file such grievance at step 3 of the procedure. All other grievances filed and signed by unit member, subject to the provisions of this article.
The Association shall file such grievance at stepIII.
F. Employer grievances, should they occur as a result of official association activities or actions including the failure to act as required under the terms of this document, will be presented directly to the association president or any other of the association within 10 days of the occurrence prompting the grievance.
The president or his designee shall in each case provide a written answer within five days from receipt of the grievance. Unresolved employer grievances may be submitted to arbitration pursuant to step IV herein provided The city shall pay for the cost of the arbitrator for grievances initiated by the city.
10 days
Written answer within five days of receipt
G. It is understood by the parties that the benefits granted by the section should not be interpreted or applied as requiring The employer to count as time worked any hours or fractions of hours spent outside the unit members work shift in pursuit of benefits provided by the this section.
The employer shall Council last time work any hours or fractions.