HomeMy WebLinkAbout01222018 City Council Work Session - LAYDOWN - GRIEVANCE 3 Chapter 3.40. Grievance Procedure
3.40.010. Policy
3.40.015. Discussion of a problem with supervisor.
3.40.020. Definition of a grievance.
3.40.025. Supervision of grievance procedure.
3.40.030. Grievance procedure steps.
3.40.035. Employee representation.
3.40.040.Time limits.
3.40.045. Extension of time limits.
3.40.050.No discrimination or reprisals.
3.40.010. Policy.
It is the policy of the City of Seward to treat all employees equitably and fairly in matters
affecting their employment. Pursuant to SCC 3.25.035(a), probationary employees, including
seasonal employees, are excluded from this grievance procedure, but may approach their
supervisor or the appropriate authority to report violations of City code or policy. The
presentation of any grievance shall be the right of each employee without fear of reprisal.
The purpose of this article is to resolve disputes at the lowest level possible. Informal
resolution is encouraged.The City has an open-door policy and all employees are encouraged to
discuss matters of concern with members of management, including the City Manager at any
time,without having to file a formal grievance.
(Ord. 437, 1977)
3.40.015. Discussion of a problem with supervisor.
Any employee having a problem regarding employment shall first and promptly discuss
the problem with the immediate supervisor. Where an employee disagrees with the supervisor's
decision regarding a complaint, the employee may document the disagreement for placement in
their personnel file. If the problem is not settled,the problem may be defined as a grievance, and
the employee has the right to present the grievance in accordance with the procedure outlined in
Section 3.40.030. No employee shall be intimidated, harassed, retaliated against or reflect in their
evaluation because they bring forward a problem, concern or grievance.
(Ord. 437, 1977; Ord. 2000-011, §1, 2000)
3.40.020. Definition of a grievance.
A grievance is a written complaint by the employee or group of employees alleging a
specific violation of rights under or failure to apply a section or sections of the city charter, city
code, personnel rules and regulations or misapplication or interpretation thereof, or departmental
rules and regulations, which directly pertain to the terms or conditions of employment of such
employee or group of employees by the City of Seward.
A grievance is not to resolve general complaints or concerns regarding other employees.
Complaints are resolved at the department level. Personnel policies and Code guide the behavior
and actions of employees; the grievance process addresses the violation, misapplication or
interpretation, or neglect of those policies and Code.
(Ord. 437, 1977)
3.40.0425. Supervision of grievance procedure.
The appointing authority (City manager, or in regard to the City Clerk's office, the City
Clerk,) shall oversee the handling of all employee grievances so that they are processed in
accordance with the procedures stated in this chapter. Supervisors and department heads shall
keep the appointing authority and Personnel Officer informed of all grievances in progress.
Assistance in understanding the grievance procedure will be provided by the Personnel
Officer if requested.
(Ord. 437, 1977; Ord. 610, 1988; Ord. 95-05)
3.40.030. Grievance procedure steps.
A. General grievances.
Disciplinary grievances involving dismissal, demotion, or unpaid suspension of more
than one week for regular non-appointed employees will proceed directly to hearing in section B
below. All other grievances shall be handled in the following manner:
Step 1. An employee shall present their grievance to their immediate supervisor within fifteen
(15) working days from the time of occurrence of the problem. The supervisor shall attempt to
resolve the problem within ten (10) working days after the grievance is timely received from the
employee.
Step 2. If the employee has not received an answer from the immediate supervisor within ten
(10) working days, or if the employee feels the answer received is not satisfactory, s/he will
reduce to writing the facts and circumstances of the grievance and present the written statement
to their Department Head within ten (10) working days after the supervisor's deadline in Step
One. The Department Head will investigate the grievance and meet with the employee to discuss
the grievance within five (5) working days. The Department Head will notify the employee of
their decision within five (5)days following the meeting date.
In regard to employees of the Office of the City Clerk, non-disciplinary grievances not resolved
at Step 1 will be forwarded to Council in a confidential informational memorandum and will not
proceed to Step 3.
Step 3. If the employee has not received an answer from the Department Head within five (5)
working days, or if the employee believes the answer received is not satisfactory, s/he may
appeal in writing to the City Manager within five (5) working days after the supervisor's final
deadline in Step Two. The City Manager, or Acting City Manager, will investigate the grievance
and meet with the employee to discuss the grievance within five (5) working days. The City
Manager, or Acting City Manager, will notify the employee of their decision within five(5) days
following the meeting date. For any grievance not involving a substantive disciplinary action
(unpaid suspension of more than one week, demotion or termination of employment) and not
involving the violation, misapplication, or interpretation or neglect of federal, state, or city code,
the decision of the City Manager is final.
The City manager shall maintain a confidential file containing all Step 3 grievance responses and
will provide a general summary of the prior year for review by the City Council annually in
executive session, without identifying specific employee information.
B. Significant disciplinary grievances and violations of City Code.
1. Within seven (7) calendar days of an employee's receipt of a timely request for
arbitration, the Personnel Officer shall secure the assignment of a hearing officer
from the State of Alaska Office of Administrative Hearings, under AS
44.64.030(b), or shall provide the employee with a list of names of at least three
(3)Alaskan arbitrators. To be included on this list, a proposed arbitrator shall be a
member in good standing with the Alaska Bar Association, preferably with at
least five (5) years of experience in employment law; be a current or retired judge
with the Alaska Court System; or be an arbitrator in good standing with a
recognized state or national association of arbitrators, such as the American
Arbitration Association. The employee shall have seven (7) calendar days from
receipt of the list to select an arbitrator from the list. Once an arbitrator is
appointed, the parties shall confer with the arbitrator and select an acceptable date
for the arbitration. Unless otherwise noted by the director, the arbitration shall be
held at City Hall.
2. The arbitrator shall conduct the hearing according to generally accepted standards
and procedures for grievance arbitration. The fact that the City may have
considered the merits of the grievance at any point of the grievance procedure
shall not constitute a waiver of the City's right to contest the arbitrability of the
underlying grievance.
3. The employee may be represented at arbitration by a duly authorized
representative. If the employee will be represented at arbitration, written notice of
such representation shall be provided to the Personnel Officer at least ten (10)
calendar days before the date set for the arbitration. Once the Personnel Officer
receives notice of such representation, the City shall communicate directly with
the representative on all matters concerning the arbitration, unless otherwise
agreed to by the representative.
4. The arbitrator shall have no authority to add to, alter, delete, or modify any
statute, regulation, ordinance, or labor agreement, or to issue any award on a
matter not raised in the complaint filed by the employee. The arbitrator shall not
make any award involving payment to a party for events, actions, or omissions
giving rise to the grievance.
5. The decision of the arbitrator shall be final and binding on all parties and shall
only be subject to appeal in the superior court in accordance with AS 9.43.120—
9.43.150. Either party may make application to the superior court to enforce a
decision of the arbitrator.
6. In the application of this section, the term "employee" shall include any duly
authorized representative of the employee who alleges a grievance.
7. Nothing in this section shall be construed to prevent settlement of a grievance by
mutual agreement of the parties at any time. The expenses of the arbitrator shall
be borne by the city.
8. Submission of a grievance to arbitration shall not act as a stay of any action unless
a stay is expressly approved by the manager or his designee.
9. The provisions for grievance or arbitration contained in this section shall not
apply to employees who have not successfully completed the probationary period
required by Code at the time of the alleged action or omissions, or to executive
employees. Probationary employees may be subject to discipline without
grievance appeal or pre-disciplinary hearing and may be terminated in accordance
with SCC 3.25.035(a).
3.40.035. Employee representation.
Each employee shall be afforded an opportunity to be represented at each of the above
steps by a representative of his/her choice. Employees shall contact and discuss their problems
with their representative only during break periods, lunch hour, before or after work or at any
other time when they are not on duty. However, grievance hearings may be held during work
hours.
(Ord 437, 1977; Ord. 2000-011, § 1, 2000)
3.40.040. Time limits.
(a) If the grievance procedures are not initiated within the time limits established by
this chapter, the employee shall be considered as having waived his/her right to
grieve the particular violation and initiation of a grievance for the same act or
omission is thereafter barred.
(b) Any grievance not taken to the next step of the grievance procedure within the
time limits established by this chapter shall be considered settled on the basis of
the last reply made and received in accordance with the provisions of this chapter.
(c) If the city fails to meet or answer any grievance within the time limits prescribed
for such action by this chapter, such grievance shall automatically advance to the
next step.
(Ord. 437, 1977; Ord. 610, 1988; Ord. 2000-011, § 1, 2000)
3.40.045. Extension of time limits.
The time limits prescribed in this chapter for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties so involved. Likewise,
any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall
be indicated in writing and shall be signed by all parties. Although all efforts should be made to
comply with the time limits for initiation and completion of the steps in this grievance procedure,
each time limit may be waived for excusable neglect or impossibility such as illness or planned
leave.
(Ord. 437, 1977; Ord. 610, 1988)
3.40.050. No discrimination or reprisals.
• Employees are entitled to have grievances resolved without fear of recrimination or
penalty. Employees shall be free from interference, restraint, coercion, discrimination or reprisal
in utilizing or for utilizing the grievance procedures contained in this chapter. Employees shall
be free from interference, restraint, coercion, discrimination or reprisal in testifying in a
grievance procedure conducted under this chapter.
(Ord. 437, 1977; Ord. 92-23)