CBA RANK & FILE UNIT Flashcards
A __ shall be defined as any dispute arising concerning the interpretation or application of this Agreement or with respect to the terms and conditions of employment except as otherwise provided in this Article. Each __ when filed should state with particularity the alleged violation of the contract claimed, the date(s) upon which the violation occurred, the facts of such violation, the Article(s) of the contract violated and the remedy sought by the grievant.
Grievance
The Association has the inherent right to bring a grievance action in its own name and on its own behalf concerning disputes relating to contract interpretation and application. Such a grievance will be filed directly at Step __.
4
Grievance Step 1:
The aggrieved employee, with or without the Association representative, shall discuss the grievance or dispute with the immediate supervisor within __ calendar days of the occurrence or knowledge of the matter, and the supervisor shall respond to the parties presenting the grievance as soon as possible but no later than ___ calendar days following its submission.
14 & 10
Grievance Step 2:
If, after a thorough discussion with the immediate supervisor, a grievance has not been satisfactorily resolved, the Association representative and/or the aggrieved employee may appeal the grievance or dispute to the intermediate supervisor in writing within _ calendar days after the immediate supervisor’s response is due. The intermediate supervisor shall respond in writing within __ calendar days.
7 & 7
Grievance Step 3:
If the grievance has not been satisfactorily resolved in Step 2, the Association representative and/or the aggrieved employee may appeal the grievance to the Head of the Division concerned within _ calendar days after the intermediate supervisor’s response is due. The Head of the Division shall respond in writing within _ calendar days to the Association and the grievant.
7 & 7
Grievance Step 4:
If the grievance has not been satisfactorily resolved in Step 3, hereof, the employee and/or Association representative may present the written appeal to the Director of the Department within _ calendar days of the receipt in Step 3. The Director of the Department shall respond in writing to the employee, with a copy to the Association, within _ calendar days.
10 & 10
Nothing shall prevent the parties from agreeing to submit initial grievances to any step deemed appropriate in order to expedite a determination, provided that at least one grievance step shall always precede arbitration. Such request shall be made to the _ . The time limits set forth above may be waived only by mutual agreement in writing between the parties.
Director of Labor Relations and
Compensation.
Grievance Step 5:
Arbitration. If the decision of the Department Director has not satisfactorily resolved the grievance, the Association may request arbitration in writing to the Director of Labor Relations and Compensation no later than _ working days after the rendering of such decision by the Department Director. Subsequent to the request for arbitration either party may request a labor management committee meeting to discuss resolution of a pending grievance. At the arbitration hearing the parties shall be accompanied by their representatives as determined by the arbitrator. Both sides may be represented by legal counsel. The arbitrator shall render his decision no later than_ days after the conclusion of the final hearing. Copies of the findings of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties and shall be final and binding on both parties.
15 & 30
CLASSIFICATION APPEAL A:
Whenever an employee has reason to believe they are misclassified, he/she may apply for a review of their classification, in writing, to their immediate supervisor. Such request, including a job description prepared by the employee and commented upon by the Department shall be forwarded to the Compensation Section by the employee’s department within _ working days of receipt of request. Within _ calendar days of
receipt of the request for reclassification, the Compensation Section shall render a decision in writing.
20 & 30
CLASSIFICATION APPEAL B:
If the employee is not satisfied with the decision of the Compensation Section he/she may, within _ working days of receipt of decision, request in writing a hearing by the Human Resources Director or designee. At the hearing, the employee may be accompanied by a Representative of his choosing and may produce any documents and evidence to support his claim for reclassification. The Human Resources Director will explain the basis for the decision in the event the request is denied. The Human Resources Division Director shall hold such hearing within _ days of the request.
10 & 30
*The Human Resources Director’s decision shall be final, subject to review by the County Mayor upon the employee’s request, and shall not be arbitrable. Effective October 1, 2012,
the Human Resources Director’s decision shall be subject to review by the Mayor’s designee
in charge of Public Safety.
Classification Appeals Continued…
True or False
In the event the request for reclassification is upheld, the employee shall NOT receive compensation.
FALSE
- The employee SHALL receive compensation beginning with the pay period the original request was initiated
-Services to the association-
The Association President may select _ bargaining unit employees to be released from duty with pay to assist in the administration of this Agreement. The Association has the right to select up to __ employees from within the bargaining unit, as herein defined, to act as Association representatives. It is agreed to and understood by the parties that Association representatives may spend up to a cumulative total of __ hours per month, without loss of pay, with the prior approval of their supervisor, in the processing of grievances, administration of the Agreement not for the purpose of soliciting membership. The supervisor’s approval shall not be unreasonably withheld.
- 3
- 60
- 250 hours
__ Association representatives and The Association President, if an employee, shall be allowed time off with pay for attendance at collective bargaining sessions with the County if such meetings fall within the employee’s regularly scheduled work shift.
6
The concerned Department will provide official notification of the disciplinary action (except terminations) imposed within __ days from the date the employee received the disciplinary action report, or when the employee presents a rebuttal, whichever occurs later. This provision shall not apply to reasonable delays attributed to the Department resulting from new information, or additional facts brought by the employee or the employee’s representative during the disciplinary action session. This provision may be waived, in writing, by the employee for any reason.
30
*The concerned Department shall advise the employee/Association as to the reason(s) for any inability to comply with the thirty (30) day time frame. Failure to comply with the terms of this provision shall not preclude the imposition of appropriate disciplinary action.
The County agrees to promptly furnish any employee with __ copies of any disciplinary action report against him prior to disciplinary action being taken against him.
2
Where an MDPD employee receives a suspension of less than _ days, after _ years of good performance during which the employee has not been the subject of disciplinary action or further formal counseling, the documents in the departmental personnel file related to the suspension shall be marked “no longer in effect” and removed from the employees departmental file.
20 days & 5 years
True or False:
Employees who are approved to forfeit accrued annual, holiday or compensatory leave in lieu of serving the period of suspension, and waive their disciplinary appeal rights shall be eligible to work overtime and/or off-duty in accordance with standard departmental policies. Employees serving a suspension without pay shall not be eligible to work overtime or off-duty on the dates covered by the suspension
TRUE
Hearing Pursuant to the Hearing Examiner System
The ___ will make his decision based entirely on the facts contained in the Hearing Examiner’s findings of facts and the transcript of the proceedings The County will continue to make good faith efforts to obtain the Hearing Examiner’s decision within _ days of the Examiner’s receipt of the transcript.
County Mayor & 30 days.
Hearing Pursuant to the Hearing Examiner System
The Hearing Examiner shall submit his/her findings of fact within _ days of receipt of transcript of the hearing. The County Mayor shall have _ days from receipt of the findings to render his decision.
60 & 30
True or false?
In the case of a dismissal, failure of the County Mayor to provide an employee with a timely decision will result in the employee having the right to request temporary reinstatement to pay status pending receipt of a final decision.
True
True or False?
The County, through its Departments, agrees not to prejudice an employee from promotional or transfer opportunities based on a disciplinary action under appeal. If a bargaining unit member has a promotional opportunity delayed solely due to an ongoing departmental investigation, and the employee is later cleared of any County, departmental or criminal violation through an investigative finding of exonerated, unfounded or not sustained, or the rescinding of disciplinary action issued to the employee, the employee shall not be retroactively promoted.
False
*The retroactive period, to include seniority in rank and back pay, shall not exceed two years from the date the employee is cleared, regardless of the expiration of the applicable promotional list. The employee will be required to serve the prescribed probationary period in the promotional classification
True or False?
All disciplinary actions including demotions, suspensions, and dismissals of permanent employees, but excluding reprimands and lesser disciplinary actions, shall be appealable to a hearing examiner, in accordance with Section 2-47 of the applicable Section(s) of the Miami-Dade County Code and this Agreement. This section shall not apply to termination of non-permanent or probationary employees or the demotion of permanent employees who fail to complete promotional probationary period to the satisfaction of the Departments for other than disciplinary reasons.
TRUE
The Association will have the option on behalf of a permanent status bargaining unit employee, to appeal the disciplinary actions of demotion, suspension and dismissal by utilizing the arbitration procedure contained in Article 3 of this Agreement. The Association shall notify the Director of Labor Management and Compensation Division, in writing no later than __ calendar days from the employee’s receipt of the disciplinary action of its decision on whether to exercise the option of appealing through the arbitration procedure or request an appeal in accordance with Section 2-47 of the Code of Miami-Dade County.
14
*once made, shall not be subject to change. In the case where the Association does not timely notify the County or chooses not to select the arbitration procedure, then the disciplinary appeal provisions under 2-47 of the Code
of Miami-Dade County shall prevail and be utilized if a timely appeal is requested. In the event the Association selects the option to appeal a demotion, suspension or dismissal under the arbitration procedure, then the provisions of 2-47 of the Code will not be applicable.
-Employee Option/Time in Lieu of Suspension-
Employees may forfeit equivalent time in lieu of suspension by using ___ + _____ or ____ leave. Employees electing to do so shall waive the right to any further appeal action.
Annual, Compensatory or Holiday leave
Employees may appeal Written Reprimands by notifying the Departmental Discipline Coordinator in writing within __ calendar days of the date of issuance of the Written Reprimand. The appeal will be heard by a Division Chief and will consist of a review of both substantive and procedural issues and not be limited to simply the appropriateness of the discipline. The employee will be entitled to receive and review all evidence, including a complete copy of the investigatory file, on which the discipline was predicated, prior to the scheduling of the hearing. The Division Chief may uphold the Written Reprimand, reduce it to a Record of Counseling or rescind the Written Reprimand. The Division Chief’s decision shall be final and binding
14
-Disciplinary Action Report Rebuttals-
The employee or the Association will have __ business days for submission of a rebuttal.
3
If an employee received a non-appealable discipline and such discipline would otherwise prevent legal defense under this section as provided above, such disciplinary action may be
appealed to a __.
Hearing Examiner
True or False?
supervisor’s personal notes or memorandum concerning employees’ informal counseling shall be placed in an employee’s personnel file. For purposes of this section personnel files are herein defined as the County Personnel File, the Departmental Personnel File and the Unit of Assignment File. These files shall be opened to review by the employee. Supervisors may keep personal notes regarding an employee’s performance.
False, supervisor’s personal notes will NOT be included in an employee’s personnel file.
ARTICLE 12 JOB DESCRIPTION AND APPEAL
If the Association is not satisfied with the proposed change, it may, in writing, within _ days of the conclusion of the discussion, request a hearing before the Human Resources Director. This hearing shall be held at a mutually agreeable time, within _ days.
5 & 30
ARTICLE 13 VOTING
All bargaining unit employees shall be eligible for up to _ hours of paid leave for the purpose of voting during the early voting period in each local and general election.
2 Hours.
A. The leave shall only be used during the early voting period in each local and general election;
B. The leave shall not exceed two (2) consecutive hours;
C. The leave shall only be used during an employee’s normal work hours that occur during the official early voting period in each local and general election;
D. The leave shall not be used for voting on Election Day;
E. The leave shall only be used by the employee for the purpose of voting in person at an official early voting location for each local and general election between the opening and closing of
he polls; and
F. Voting time will be scheduled in such a fashion as to not interfere with normal work production
and services and employees using this leave must report back to work immediately and
complete their normal shift.
