Union Contract - Article 7 - City of Omaha Employee Appeal Procedure

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Questions and Answers

Who can process an appeal on behalf of an employee?

The UNION, an attorney at law, or individually

What happens if an employee decides not to use the UNION or its attorney in an appeal?

The decision of the Personnel Board or arbitrator does not set binding precedent on the UNION

What is the purpose of the meeting with the Labor Relations Director?

To allow the employee to present their side of the events leading up to the discipline

Who shall be provided reasonable notice of the meeting with the Labor Relations Director?

The employee and their Union representative Signup and view all the answers

What happens to the disciplinary decision after the meeting with the Labor Relations Director?

The employee shall be promptly notified whether or not the decision will be changed Signup and view all the answers

Why may an employee's Union representative not be present at the meeting with the Labor Relations Director?

If the employee waives their right to Union representation in writing Signup and view all the answers

What type of discipline may trigger a meeting with the Labor Relations Director?

Termination, demotion, suspension, or written reprimand Signup and view all the answers

Who conducts the appeal if the employee does not use the UNION or an attorney at law?

The Personnel Board Signup and view all the answers

What is the appeal process for an employee?

Individually, through the UNION, or with an attorney at law Signup and view all the answers

What is the timeframe for an employee to appeal to the Personnel Board or arbitration from a suspension, discharge, or reduction in classification or pay?

15 working days Signup and view all the answers

What is the next step after an employee submits an appeal to the Human Resources Director?

The appeal is placed on the agenda of the next regularly scheduled Personnel Board Meeting Signup and view all the answers

What is the purpose of the appeal procedure in Article 7?

To provide a mechanism for employees to appeal suspensions, discharges, or reductions in classification or pay Signup and view all the answers

What is the consequence of an employee failing to submit an appeal within the specified timeframe?

The employee forfeits their right to appeal Signup and view all the answers

Who is responsible for taking the steps necessary to arrange for arbitration?

The Labor Relations Director Signup and view all the answers

What is the limitation of the Personnel Board's or arbitrator's jurisdiction in an appeal?

They cannot discharge an employee upon an appeal from a suspension nor increase the disciplinary action being appealed Signup and view all the answers

What is the condition for an employee to be entitled to file and process an appeal under the provisions of Section 2?

The employee must have been discharged or demoted for reasons of misconduct or delinquency Signup and view all the answers

What is the format required for an appeal to be submitted to the Human Resources Director?

A written appeal Signup and view all the answers

What is the provision for an employee who desires to appeal to arbitration?

They must request arbitration in their written appeal Signup and view all the answers

Study Notes

Appeal Procedure

Employees who have completed their probationary period can appeal certain disciplinary actions to the Personnel Board or arbitration within 15 working days of receiving notice.
Appealable actions include suspension, discharge, or reduction in classification or pay, but exclude performance appraisals.

Filing an Appeal

The appeal must be in writing, stating why the action is improper, and submitted to the Human Resources Director within the 15-day time period.
The appeal will be placed on the agenda of the next regularly scheduled Personnel Board Meeting if received at least 15 working days prior to the meeting.

Arbitration

If an employee chooses to appeal to arbitration, the same procedures and time limits apply as for an appeal to the Personnel Board.
The Human Resources Director will refer the request to the Labor Relations Director, who will arrange for arbitration according to the rules set forth in Article 8, Section 2, Step 3.

Limitations of the Personnel Board or Arbitrator

The Personnel Board or arbitrator cannot discharge an employee who has appealed a suspension, nor increase the disciplinary action being appealed.

Appeals by Probationary Employees

Employees serving a probationary period due to promotion can appeal discharge or demotion for misconduct or delinquency according to the same procedures.

Representation in an Appeal

An employee may process an appeal individually, through the UNION, or with the assistance of an attorney at law.
If an employee chooses not to involve the UNION or its attorney, the decision of the Personnel Board or arbitrator will not set a binding precedent on the UNION.

Meeting with the Labor Relations Director

An employee who has been terminated, demoted, suspended, or given a written reprimand may request a meeting with the Labor Relations Director at any time before their appeal is heard.
The purpose of the meeting is for the employee to present their side of the events leading up to the discipline.
The employee's UNION representative will receive notice of the meeting and may be present unless the employee waives this right in writing.

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