Laserfiche WebLink
<br /> <br />00059814-1 <br /> 41 <br /> <br />ARTICLE 21 - GRIEVANCE PROCEDURE <br /> <br />21.1 Definition <br /> <br /> 21.1.1 A grievance shall be defined as any dispute which involved the interpretation or application of any <br />provision of this Memorandum of Understanding during its term, excluding all ordinances, <br />resolutions, rules and regulations, the subject of which is not specifically covered by the provisions <br />of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be <br />subject to the Grievance Procedure. Performance evaluations and Letters of Reprimand shall not <br />be subject to the grievance procedure. Complaints of harassment, discrimination, and retaliation <br />based on protected class or activity shall be handled in accordance with City’s policy against <br />Workplace Harassment, Discrimination and Retaliation and shall not be subject to the grievance <br />procedure. Complaints of harassment, discrimination, and retaliation for Association activity shall <br />be grievable. <br /> <br /> 21.1.2 Unless otherwise specified, a working day is any day that the City's offices are open for business. <br /> <br />21.2 Procedure <br /> <br />Grievances as defined in Article 21.1 above shall be processed only in the following manner: <br /> <br /> 21.2.1 Any employee who believes that he or she hasthey have a grievance may discuss the grievance <br />with the top management official in the employee's department, or with such subordinate <br />management official as the department head may designate, within twenty (20) working days of the <br />event leading to the grievance or within twenty (20) working days of the date the employee knew or <br />should have known about the event leading to the grievance, whichever is later. If the issue is not <br />resolved within the department, the procedures hereinafter specified may be invoked. <br /> <br /> 21.2.2 The employee may then notify the Personnel Officer and the Association in writing within twenty <br />(20) working days of the informal grievance discussion described in Section 21.2.1, that a <br />grievance exists. The notification shall state the particulars of the grievance and the remedy which <br />is desired. The Personnel Officer shall investigate the issues involved, meet with the grievant and <br />attempt to reach a satisfactory resolution of the problem. No grievance may be processed under <br />Article 21.2.4 below which has not first been filed and investigated pursuant to this Article 21.2.2. <br />The Personnel Officer shall have twenty (20) working days from the date of notification to issue his <br />or hertheir decision on the subject grievance. Such notification shall be sent in writing to the <br />grievant and the Association. <br /> <br />21.2.3 Any grievance which has not been resolved by the procedures set forth above <br />may be referred to the City Manager by the grievant or by the Personnel Officer <br />within five (5) working days of receipt of the decision of the Personnel Officer. <br />Any such referral shall be in writing, and shall include the specific issues involved <br />together with a statement of the resolution which is desired. A representative of <br />the City Manager, who shall not be the Personnel Officer, shall investigate the <br />merits of the grievance, meet with the grievant and make recommendations to <br />the City Manager within twenty (20) working days. The City Manager shall have <br />fifteen (15) working days from the receipt of his or hertheir representative’s <br />recommendations to issue his or hertheir decision on the subject grievance. <br />Such notification shall be sent in writing to the grievant and the Association. <br /> <br />6.I. - Page 55 of 119 <br />469