MOU

Question 1

If a member voluntarily submits to substance or alcohol abuse program and withdraws before completing the program, what must occur before that member is returned to duty?

Answer 1

Withdrawal from or failure to participate in the EAP or similar City approved program and prescribed rehabilitation will result in the represented member completing a “fit for duty” evaluation from a Substance Abuse Professional before being released back to their normal work duties.

Question 2

The Grievance Committee shall be composed
of:

Chairman -?

Secretary -?

Member -?

Member –?

Answer 2

Chairman -A member of the City Manager’s Office designated by the City Manager

Secretary - A designee of the HR Director.

Member - A different City department head on a rotating schedule.

Member – Glendale Chapter Local 493 President or designee.

Question 3

The member submitting a grievance that is not resolved by Step 1 shall move to Step 2. What would cause the move to step 2?

Answer 3

If the written response of the immediate supervisor does not result in a resolution of the grievance

Question 4

Who are the only people who may reach a written agreement with the City that interprets or alters the rights or benefits covered under this MOU?

Answer 4

No person other than the Chapter President or designee the Co-Chair(s) of the Employee Organization (Glendale Chapter Local 493)

Question 5

Discipline served to a represented employee will not be used to aggravate discipline beyond the following time frames: 3 years non-punitive, 5 years punitive; what will be used as the start/end date for the above?

Answer 5

the notice of intent service date(s) will be used for the starting/ending time period for the above.

Question 6

Who shall be notified at the initial presentation of written response at the beginning of step 2.

Answer 6

The Personnel Chief

Question 7

Grievance Procedure Step 2

The member submitting a grievance that is not resolved by Step 1 shall move to Step 2.

Who is the member to submit the grievance form to in step 2 and within what time frame?

Answer 7

presenting it to his/her Battalion Chief and/or Deputy Chief fourteen (14) calendar days of the grievant receipt of the immediate supervisor’s response.

Question 8

A represented member will be identified only as what throughout an investigation?

Answer 8

“a witness”

Question 9

Grievance Procedure Step 3

The member submitting a grievance that is not resolved by Step 2 shall move to Step 3.

Who is the member to submit the grievance form to in step 3 and within what time frame?

Answer 9

to the Fire Chief within fourteen (14) calendar days of the grieving’s receipt of the Step 2 response.

Question 10

All complaints filed against a member of the Employee Organization will be completed within 120 days; The 120 days starts and the investigation ends with:

Answer 10

starts when the member is served with the Notice of Investigation

and

is completed on the day the assigned Personnel Chief documents the investigation and submits to the Fire Chief his/her findings

(Only the Fire Chief can extend the time with proper written reason)

Question 11

In situations involving an EEO (Equal Employment Opportunity) based complaint, the investigation will be coordinated in conjunction with:

Answer 11

the Human Resource Director.

Question 12

A Represented Employee covered under this agreement may be entitled to use up to a total of 96 hours of Special Medical Leave per fiscal for a qualifying reason(s): What are the qualifying reasons?

Answer 12

Birth, Adoption or Foster Care of a child

Care for an immediate family member who has a sudden catastrophic injury or illness

A Represented Member who has a sudden catastrophic injury or illness requiring medical treatment

During the Workers’ Compensation Waiting Period

initial treatment for the Voluntary Alcohol & Prescription Medication Referral Program and Post Traumatic Stress Disorder.

Question 13

What is a written allegation by a represented member, that their rights, benefits, privileges, interests, or due process, provided for in the Memorandum of Understanding (MOU), City’s policies and/or procedures, have been violated, misapplied or misinterpreted in any particular case?

Answer 13

A grievance

Question 14

Any represented member who believes they are or they may be affected by an alcohol and/or controlled substance abuse problem are encouraged to seek help without fear of disciplinary action.

_______ will be immediately notified and the employee will be referred to the Employee Assistance Program (EAP) or similar City approved program for evaluation and rehabilitation if indicated.

Answer 14

Human Resources

Question 15

During step 3 of the grievance process who? shall conduct a hearing within _____ calendar days of receipt of the grievance regarding the grievance at which the grievant shall be afforded the opportunity to fully present their position and to be represented.

After this hearing, how long before a response must be submitted?

Answer 15

The Chief or designee

fourteen (14)

Within fourteen (14) days of the hearing, the Fire Chief or designee shall submit a response to the grievant and the grieving’s selected Employee Representative.

Question 16

A Represented Employee covered under this agreement may be entitled to use up to a total of __ hours of Special Medical Leave per fiscal for a qualifying reason(s)

Answer 16

96

Question 17

Grievance Procedure Step 5

The City Manager shall, within __ calendar days of the receipt of the arbitrator’s written findings and recommendations, make the final determination of the grievance and submit it in writing to the grievant and the designated representative.

Answer 17

fourteen (14)

Question 18

Who will oversee investigations involving a Represented Employee?

Answer 18

The Personnel Chief and/or designee will oversee investigations involving a Represented Employee.

Question 19

Grievance Procedure Step 4

Step 4 process is?

Answer 19

Fire Chief decision submitted to HR Director within 14 calendar days

HR Director will meet with Chief or designee, grieved and representative within 14 calendar days and attempt to resolve

The HR Director shall then submit written recommendations for resolution to the represented member and Fire Chief within fourteen (14) calendar days of the meeting.

Question 20

For complaints against our members the complaining party must sign a complaint form and sign an affidavit of truthfulness within ___ days of the date when they knew or should have known about the improper conduct.

Answer 20

30

Question 21

Grievance Procedure

What is an informal meeting between the parties with the assistance of a neutral facilitator, provided by the Division of Human Resource Management Fire Representative, who is not affiliated with either of the parties.?

Answer 21

A resolution conference

Question 22

As a matter of good labor-management relations, the parties encourage any represented member who believes that he/she has a bona fide grievance to first:

Answer 22

discuss and attempt to resolve it with his/her immediate supervisor as designated by the Chief or designee.

Question 23

What System provides a just, effective, and equitable method for the prompt resolution of problems without discrimination, coercion, restraint, or reprisal against any employee?

Answer 23

The Glendale Fire Department’s Grievance System

Question 24

EAP will treat all medical information including individual counseling and treatment as confidential, with the exception of:

Answer 24

rehabilitation recommendations

attendance records

confirmed negative drug and alcohol results from the SAP after completion of the prescribed rehabilitation.

Question 25

What is the time frame the dept has to corroborate a third party complaint?

Answer 25

time frame to corroborate anonymous complaints is 30 calendar days; except allegations that on the face are criminal.

Question 26

Grievance Procedure Step 1

After the immediate supervisor receives a signed “grievance form” from the member, they shall do what and within what time frame?

Answer 26

The supervisor shall further consider and discuss the grievance with the grievant and the grieving’s peer representative as deemed appropriate, and shall, within fourteen (14) calendar days of having received the written grievance, submit his/her response in writing to the grievant.

Question 27

All complaints filed against a member of the Employee Organization will be completed within __ days.

Answer 27

120

Question 28

Grievance Procedure Step 1

The grievance form must be completed by the employee within what time frame and submitted to who?

Answer 28

member must submit it to his/her immediate supervisor within twenty (20) calendar days of the initial commencement of the occurrence being grieved.

Question 29

Documented anonymous complaints that are not corroborated within the thirty-day (30) time limit shall be classified as an incident.

who then is notified?

Answer 29

The involved member will be notified of the complaint per section 4.5 of the MOU, but is not required to respond.

Question 30

Grievance Procedure Step 5

What is the process and time frame for step 5?

Answer 30

Step 5 is to appeal the decision to the “grievance committee” within 14 calendar days of the step 4 response

Question 31

The Represented Employee shall be notified within ___ days if a complaint is filed against them. Those days start once there is a signed affidavit from a citizen alleging a complaint, or:

Answer 31

three

in the absence of a signed affidavit, when the Chief has issued a written order calling for an internal investigation.