§ 2.36.320. Grievance procedure.

In order to establish harmonious and cooperative relationships between the city and its employees, and to keep open channels of communications, it shall be the city's policy to provide for the settlement of differences through an orderly grievance procedure. It is the city's policy to assure its employees the right of access to this procedure, free from interference, restraint, coercion or reprisal.

A.

Definition. A grievance is a complaint of an employee or group of employees alleging unfair treatment resulting from a management decision or lack of decision, concerning the interpretation or application of city rules or regulations governing personnel practices or working conditions, within the control of the department head and for which there are no other procedures in existence which may be used to resolve such problem. A disagreement over an existing law, ordinance, resolution, policy, rule or regulation is not a grievance.

B.

This procedure applies to permanent city employees. Probationary employees who are dismissed, suspended or demoted will not be allowed use of this grievance procedure.

C.

An employee desiring to file a grievance may obtain the form from the city clerk's office.

D.

The proceedings and actions taken as a result of the initiation and processing of a grievance shall be kept as confidential as may be appropriate.

E.

The steps of the grievance procedure are as follows:

Step 1. The employee concerned must within ten working days from the day he knew, or should have known, of the act or condition on which the grievance is based, informally take up the grievance with his supervisor to whom he is directly responsible. If the employee does not present the grievance within the ten working days as provided above, the employee shall be deemed to have waived the opportunity to file a grievance for the act or condition.

Step 2. If, within ten working days after the grievance is first filed, and the employee is not satisfied with the disposition of the grievance through informal procedures, he shall submit the claim as a formal grievance in writing to his supervisor. The supervisor shall within ten working days render a decision and the reasons therefor in writing to the employee, with a copy to the mayor.

Step 3. If the employee is not satisfied with the disposition of the grievance through Step 2, the employee may submit it in writing to the mayor within ten working days after receipt of the supervisor's written decision. In the event that the supervisor shall fail to act within the time allotted, the grievance shall be submitted to the mayor, or his designee, within ten working days of the date said decision was due. Within ten working days after receipt of the employee's written appeal, the mayor, or his designee, shall meet with the aggrieved employee for the purpose of attempting to resolve the grievance. The mayor, or his designee, shall, within ten working days of the meeting render his decision and the reasons therefor in writing to the employee.

Step 4. If the employee is not satisfied with the disposition of the grievance through Step 3, the employee may submit it to arbitration within ten working days of the date of the receipt of the written decision of the mayor, or his designee, or the date the decision was due, whichever event occurs first. Within twenty working days, an arbitrator shall be selected from a list of seven names supplied by the American Arbitration Association or Federal Mediation Conciliation Service or other equivalent organization. In selecting the arbitrator the employee and the mayor, or his designee, shall alternate in removing one name from the list until only one name remains. A coin toss shall decide which party shall strike the first name.

The arbitrator so selected shall confer promptly with the mayor, or his designee, and the employee and shall review the record of any prior hearings and may conduct a hearing as the arbitrator shall deem necessary.

The initial costs of the services of the arbitrator shall be shared equally by the employee and the city. Each party agrees to bear its own costs, fees, and expenses in the preparation, presentation and participation in the case before the arbitrator subject to the arbitrator's award of these items, in his discretion, to the prevailing party. The arbitrator's decision is advisory to the council.

An employee may at his election by-pass the arbitration procedure provided for in Step 4 and instead submit his appeal directly to the council.

The council will then take such action on the grievance as it deems necessary and appropriate after due consideration of the arbitrator's decision or the decision of the mayor, if the employee bypasses arbitration. The council will render a final written decision within thirty days after receipt of the arbitrator's decision or the mayor's decision as the case may be.

(Ord. 658 (part), 1997).