PBA Grievance Procedure

Question 1

Grievances filed by entrance probationary employees shall only proceed to the _____ step of the Grievance Procedure where the issue is discipline or discharge

Answer 1

fourth

Question 2

Step 1. The aggrieved employee shall present his/her grievance in writing on the appropriate form to his immediate supervisor within _____ calendar days of the occurrence or the date on which he knew or should have known of the action giving rise to the grievance.

Answer 2

twenty-one (21)

Question 3

The immediate supervisor shall reach a decision and communicate it in writing to the aggrieved employee within _____ calendar days from the date the grievance was presented to him/her.

Answer 3

fourteen (14)

Question 4

Step 2. If the grievance is not settled in the first step and the aggrieved employee desires to appeal the decision in the first step, then within ________
calendar days of the date of the answer in the first step, the grievance shall be presented by the employee to the appropriate ________.

Answer 4

fourteen (14)

Division Commander (or designee)

Question 5

If the employee’s bureau reports to the Chief of Police then the employee shall proceed to Step ___ of the grievance procedure.

Answer 5

3

Question 6

In the event that the employee is assigned to a bureau which reports directly to an Assistant Chief then the employee shall present the grievance to the _______.

Answer 6

Assistant Chief

Question 7

The Division Commander shall
review the facts concerning the alleged grievance and shall, within _______ calendar days following receipt of the written grievance meet with the aggrieved employee.

Answer 7

fourteen (14)

Question 8

The Division Commander (or designee) shall

notify the employee of his/her decision in writing not later than ______ calendar days following the meeting date.

Answer 8

fourteen (14)

Question 9

Step 3. If the grievance is not settled at the second step and the aggrieved employee desires to appeal the decision in the second step, then within ______ calendar days of the date of notification from the Division Commander (or designee), the written grievance shall be presented by the employee to the ______ through the appropriate ________.

Answer 9

fourteen (14)

Chief of Police

Assistant Chief

Question 10

The Chief of Police shall review the
facts concerning the alleged grievance and shall, within ______ calendar days following receipt of the written grievance, meet with the aggrieved employee.

Answer 10

fourteen (14)

Question 11

The Chief of Police (or designee) shall notify the aggrieved employee of his/her decision in writing not later than _______ calendar days following the meeting date.

Answer 11

fourteen (14)

Question 12

Step 4. If the grievance is still unresolved and the aggrieved employee desires to appeal the decision in the third step, the employee shall submit the grievance and all responses to the _______ within _______ calendar days of the date of the response from the Chief of Police (or designee).

Answer 12

Director of Human Resources (or designee)

fourteen (14)

Question 13

Within ______ calendar days of the date of submission to the Director of Human Resources of the grievance, the Director of Human Resources
(or designee) shall meet with the aggrieved employee to discuss the grievance.

Answer 13

fourteen (14)

Question 14

The Director of Human Resources (or designee) shall then notify the aggrieved employee of the decision in writing within _______ calendar days of the date of the meeting.

Answer 14

fourteen (14)

Question 15

Within _______ calendar days of the date of the decision of the Director of Human Resources, the PBA shall notify the Director of Human Resources of the intent to arbitrate.

Answer 15

twenty-one (21)

Question 16

The PBA shall request a list of arbitrators within _____ calendar days.

Answer 16

forty-five (45)

Question 17

The City and the PBA shall select the arbitrator from a list of not less than _____ names submitted by the Federal Mediation and Conciliation Service (FMCS) within ______ calendar days from receipt of said list.

Answer 17

seven (7)

twenty-one (21)

Question 18

The selection shall be made by alternately striking names and the remaining name shall be the arbitrator.
______ shall strike the first name.

Answer 18

The PBA

Question 19

______ shall provide payment of the FMCS filing

fee.

Answer 19

The PBA

Question 20

As promptly as can be arranged but not more than _____ calendar days unless mutually agreed by the City and the PBA, the arbitration hearing shall be held.

Answer 20

forty-five (45)

Question 21

In the event the arbitrator selected is not available within a reasonable time period the parties
may ______ to select another arbitrator from the list.

Answer 21

mutually agree

Question 22

Each party shall pay its own expense for its representative, counsel and witnesses. The fees of _______ and other expenses of arbitration, shall be shared equally by the City and the aggrieved party.

Answer 22

the arbitrator

Question 23

The decision of the arbitrator shall be ______ on both parties. The arbitrator shall limit his decision strictly to the interpretation, application and enforcement of this ______ and shall have no power to amend, add to or subtract from the terms of the Agreement.

Answer 23

final and binding

Agreement

Question 24

The time limits contained herein shall be extended for ______ calendar days upon written notification of either party.

Answer 24

fourteen (14)

Question 25

Grievances not appealed to the next higher step within the prescribed time limits will be considered ____ on the basis of the last answer by Management.

Answer 25

settled

Question 26

Failure by Management to observe time limits for any | step of the grievance procedure shall result in automatic _______ of the grievance to the next step.

Answer 26

advancement

Question 27

The grieving employee or the PBA must notify the next step that the time limit has ______ resulting in an appeal to the next step.

Answer 27

expired

Question 28

If the City fails to respond within the time limits specified with respect to Step 4, the City will _____, however, such forfeiture shall not be considered as a decision on the merits of the grievance or in any way establish a precedent.

Answer 28

forfeit the grievance

Question 29

Calendar days shall not include designated ______

Answer 29

City holidays

Question 30

All unit members shall, in any matter involving suspension or dismissal, have the option of utilizing the _______ procedure or this grievance procedure, but not both.

Answer 30

Civil Service Appeal

Question 31

The employee shall have the right to be represented by a PBA representative or any other person of the employee's choice before the ________.

Answer 31

Civil Service Board

Question 32

The PBA shall have the right to file grievances in the third step of the grievance procedure in any nondisciplinary matter involving the interpretation or application of this Agreement, provided however, that this right shall be strictly limited to those matters where the PBA can factually demonstrate:

Answer 32

(a) That the matter is covered by a provision of the Agreement; and, (b) That the matter involves the interpretation or application of that provision; and, (c) The grievance does not seek to add to or subtract from any provision of the Agreement; and, (d) The subject matter of the grievance is general in nature having application to a majority of the members of the unit.

Question 33

Grievances regarding written reprimands, suspensions, demotions, or dismissals shall enter the grievance procedure at the _______.

Answer 33

third step

Question 34

Grievances regarding written reprimands, suspensions, demotions, or dismissals shall be filed with the Police Chief (or designee) within _____ calendar days of the occurrence or the date on which the grievant knew or should have known of the action giving rise to the grievance.

Answer 34

twenty-one