Article 6 — GRIEVANCE-COMPLAINT PROCEDURE

In the belief that the resolution of grievances and complaints is beneficial to improved employer-employee relations, a grievance-complaint procedure is established. Such a procedure will give employees assurance that the city recognizes their right to be heard and will assist them in achieving job satisfaction. The purpose of this procedure is to provide a just and equitable method for the resolution of grievances and complaints without coercion or reprisal.

(Ord. 97-4 §1(part), 1997).

A.

No retribution or prejudice shall be suffered by any employee making use of the grievance complaint procedure.

B.

The time limits established in this article may be extended by mutual written agreement between the grievant and management.

C.

If management, at any step of the procedure, fails to respond within the time limit specified, the grievant may process the grievance or complaint to the next step.

D.

If the grievant, at any step of the procedure, fails to appeal management's decision on the grievance or complaint within the time limit specified, such decision shall be deemed accepted by the employee, and shall not be subject to further appeal or consideration.

E.

By mutual written agreement, a grievance or complaint may revert to a prior level for reconsideration.

F.

The grievant may be present at all conferences in the grievance complaint procedure.

G.

All communications, notices and papers required to be in writing shall be served personally or by United States mail. For mailed notices and papers, the postmark shall be within the prescribed time limits.

H.

Management shall inform the grievant of any limitation on the authority of the management representative to fully resolve the grievance or complaint.

I.

All employees have the right to consult with their supervisor, their department head, or the personnel officer without prejudice, concerning the manner, form and/or procedure for filing a grievance or complaint.

J.

Failure of the grievant to complete any step on the grievance-complaint procedure will bar further consideration of the grievance or complaint.

K.

The grievance-complaint procedure shall not be used in addition to, or as a substitute for, the disciplinary procedure, the unfair labor relations practice procedure or the impasse procedure, when any of such procedures are or could reasonably have been available in the exercise of reasonable diligence.

L.

Grievances may be filed only by an exclusively recognized employee organization.

M.

The term "grievant" shall also include persons who file complaints under this procedure.

(Ord. 97-4 §1(part), 1997).

A.

The employee has the right to the assistance of a representative of his or her choice in the investigation, preparation and presentation of a grievance or complaint.

Representation may occur at any stage of the grievance-complaint procedure; provided, however, that prior to calling for representation at step one of the procedure, the employee shall informally discuss the grievance or complaint with his or her supervisor. Upon conclusion of such discussion, the employee may request a continuance of the informal complaint process (step one) to a mutually agreeable time within five days, in order to have the assistance of a representative at the continued informal complaint conference (step one).

If the employee elects another employee as his or her representative, such representative shall not be released during working hours without the approval of the employee's supervisor.

The supervisor shall grant the representative a reasonable amount of time during work hours to assist the grievant, provided such would not unreasonably interfere with or delay city work.

B.

Grievance-complaint conferences between management and grievant will normally be conducted during regular working hours at a mutually convenient time.

C.

The investigation of a grievance or complaint during working hours by an employee and his or her representative, if any, shall be in accordance with the following:

Prior to entering any job site, the grievant and representative shall obtain the approval of the job site supervisor.

There shall be no solicitation of grievances, complaints or employee organization membership.

The investigation shall be conducted expeditiously and in a reasonable amount of time, with due regard for the work requirements of the city.

Where the investigation commences prior to the end of the regular workday, time spent after the close of the regular workday shall be on the representative's and the employee's own time.

Entry to a city job site will not be permitted if it would unreasonably interfere with or delay city work.

All safety regulations relating to the presence or conduct of persons at the job site shall be followed.

(Ord. 97-4 §1(part), 1997).

A.

Step One-Informal Complaint.

The employee shall orally inform his or her supervisor of the complaint or grievance within ten days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the complaint or grievance.

The supervisor shall, within five days after receipt of the complaint or grievance, have a discussion with the employee concerning the complaint or grievance.

The supervisor shall, within five days of the complaint/grievance conference, memorialize the grievance or complaint in writing and issue a written decision to the employee.

B.

Step Two-Appeal.

Within five days of receipt of the written decision of the supervisor, the grievant, if he or she wishes to appeal the decision, shall submit a written appeal to the department director. The appeal shall be submitted on forms provided by the personnel office, and shall include the supervisor's response, if any.

The department director or designee shall, within five days of receipt of the appeal, schedule a conference at a mutually agreeable time. Representatives of the grievant and management may attend this conference.

The department director or designee shall, within five days of the conference, render a written decision to the grievant with a copy of the complaint or grievance.

C.

Step Three-Administrative Appeal.

Within five days of receipt of the written decision from the department director or designee, the grievant, if he or she wishes to appeal the decision, shall submit an appeal to the city manager. The appeal shall be submitted on forms provided by the personnel office, and shall include the complaint or grievance and management's responses, if any.

The city manager or designee shall, within seven days of receipt of the appeal, schedule a conference at a mutually agreeable time. Representatives of the grievant and management may attend this conference.

The city manager or designee shall, within seven days of the conference, render a written decision to the grievant.

The city manager may, at his or her option, render a written decision based on the documents submitted for review without the conference within the time frame set forth above. The grievant may discuss this decision with the city manager at a mutually convenient time, provided the grievant requests such meeting within seven days of receipt of the city manager's decision.

The decision of the city manager shall be final for complaints. Grievances shall be appealable to the city council pursuant to Step 4.

Nothing in this section shall prohibit, by written agreement, a more expeditious handling of complaint or grievance.

D.

Step Four-City Council Appeal.

If the grievant is not satisfied with the decision of the city manager it may submit a request for hearing before the city council. Such request for hearing must be submitted within fifteen days of receipt of management's decision, and shall include in detail the facts giving rise to the grievance and all supporting documentation necessary for city council consideration.

Management shall calendar on the city council agenda such request within thirty days.

It shall be the option of the city council to:

a.

Refuse to hold a hearing, and make a decision on the documentation submitted; or

b.

Hold a hearing after which it shall make a decision.

The decision of the city council shall be final.

(Ord. 97-4 §1(part), 1997).