Union Contract Article 6
50 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary purpose of the grievance procedure?

  • To enforce the collective bargaining agreement
  • To provide a safe and healthy work environment
  • To discipline employees
  • To resolve disputes between the employer and the union (correct)

    • What happens if the grievance is denied in the initial response?

  • The employee or union can appeal to the next level of management (correct)
  • The employer and union renegotiate the collective bargaining agreement
  • The grievance proceeds to arbitration
  • The grievance procedure ends

    • Who is responsible for enforcing the collective bargaining agreement?

  • Only the employer
  • Only the union
  • The arbitrator
  • Both the employer and the union (correct)

    • What is the final step in the grievance procedure?

    <p>Arbitration</p> Signup and view all the answers

    What is the goal of dispute resolution?

    <p>To find a mutually acceptable solution</p> Signup and view all the answers

    What is one of the employee's rights according to the collective bargaining agreement?

    <p>Fair treatment and equal opportunity</p> Signup and view all the answers

    What is the role of the arbitrator in the arbitration process?

    <p>To review evidence and make a binding decision</p> Signup and view all the answers

    What happens if the grievance is still unresolved after arbitration?

    <p>The grievance is appealed to a higher authority</p> Signup and view all the answers

    What is the purpose of contract enforcement?

    <p>To ensure the employer complies with the collective bargaining agreement</p> Signup and view all the answers

    What is the first step in the grievance procedure?

    <p>Written grievance</p> Signup and view all the answers

    What is considered good cause for disciplinary action against an employee?

    <p>Any action which reflects discredit upon the service or hinders the effective performance of the CITY government functions</p> Signup and view all the answers

    What is the definition of 'habitual' in the context of using alcoholic beverages to excess?

    <p>Continuous use over a period of twelve months or more</p> Signup and view all the answers

    What is an example of 'negligence' in the care and handling of City property?

    <p>The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation</p> Signup and view all the answers

    What is an example of 'incompetence' in the context of disciplinary action?

    <p>Inability to perform the duties of one's position</p> Signup and view all the answers

    What is an example of 'offensive conduct or language'?

    <p>Using abusive or improper language toward the public or toward City Officers or employees</p> Signup and view all the answers

    What is the maximum duration of suspension for an employee who loses their driving privileges?

    <p>Up to 3 working days</p> Signup and view all the answers

    What is the consequence for an employee at pay grade 1U.F. Step A or B who loses their driving privileges?

    <p>A wait of an additional 6 months for Step increase</p> Signup and view all the answers

    What happens to an employee's leave schedule if they lose their driving privileges for more than 180 days?

    <p>Their leave schedule is changed at the discretion of the Fire Chief</p> Signup and view all the answers

    What is the exception to the termination rule for losing driving privileges?

    <p>First offense of driving under the influence</p> Signup and view all the answers

    What is the responsibility of the immediate supervisor regarding tardiness?

    <p>To investigate the incident of tardiness</p> Signup and view all the answers

    What is the maximum period for which an employee can be suspended without pay?

    <p>Thirty-two (32) working days</p> Signup and view all the answers

    What happens to a written reprimand that is more than two years old?

    <p>It is removed from any City file, except as provided in Section 13.</p> Signup and view all the answers

    What must be provided to an employee prior to a demotion?

    <p>A written statement of the reasons for the demotion.</p> Signup and view all the answers

    What is the purpose of transmitting a copy of Section 2 to the Human Resources Department?

    <p>To notify the Human Resources Department of a written reprimand.</p> Signup and view all the answers

    What is the purpose of the provision that allows an employee to present their side of the story?

    <p>To provide an opportunity for the employee to tell their side of the story.</p> Signup and view all the answers

    What is the purpose of counseling in the context of employee discipline?

    <p>To bring to the attention of the employee that their job performance is unacceptable</p> Signup and view all the answers

    What happens to an employee's counseling document after they sign it?

    <p>A copy is given to the employee and the original is maintained in their personnel file</p> Signup and view all the answers

    What is the procedure for an employee who wants to inspect their personnel file?

    <p>They can inspect their file at reasonable times and places as determined by the Fire Chief</p> Signup and view all the answers

    What happens to a counseling document that is greater than one year old?

    <p>It is removed from the employee's personnel file and maintained in a generic Personnel file</p> Signup and view all the answers

    What is the purpose of the 'Removed Disciplinary Actions File'?

    <p>To maintain a record of removed counseling, reprimands, and suspensions for purposes of litigation and impeachment</p> Signup and view all the answers

    How much notice must the employee receive before being questioned regarding a matter that may result in discipline?

    <p>48 hours</p> Signup and view all the answers

    How often must the employee be allowed a break during the interrogation session?

    <p>Every 45 minutes</p> Signup and view all the answers

    What is a restriction on the way the City can conduct an interrogation?

    <p>Only one person can conduct the interrogation</p> Signup and view all the answers

    What is one of the employee's rights regarding their official Personnel file?

    <p>The employee can review their file at reasonable times and places</p> Signup and view all the answers

    What is a restriction on what the City can do with the name of the employee involved in the interrogation?

    <p>The City can only release the name with the employee's express consent</p> Signup and view all the answers

    What is the time period for which a counseling can be used as evidence for impeachment?

    <p>Three years</p> Signup and view all the answers

    What happens if an employee answers 'no' to the question about past counseling, written reprimand, or suspension?

    <p>The City of Omaha has the right to impeach the employee by presenting evidence</p> Signup and view all the answers

    What is the consequence of failing to promptly report the loss of an EMT certificate?

    <p>Discipline and/or termination</p> Signup and view all the answers

    What is the maximum pay reduction for an employee who loses their EMT certificate?

    <p>10%</p> Signup and view all the answers

    What is the time period for which a written reprimand can be used as evidence for impeachment?

    <p>Four years</p> Signup and view all the answers

    What happens if an employee has a past counseling, written reprimand, or suspension of the same or similar nature to the discipline and answers 'yes' to the question?

    <p>No further inquiry into the counseling, reprimand, or suspension shall be permitted</p> Signup and view all the answers

    What is the maximum suspension period for an employee who loses their EMT certificate?

    <p>Seven working days</p> Signup and view all the answers

    What is the consequence of being reassigned by the Fire Chief?

    <p>A reduction in pay</p> Signup and view all the answers

    What is the time period for which a suspension can be used as evidence for impeachment?

    <p>Five years</p> Signup and view all the answers

    What is the requirement for holding a sworn position in the Fire Department?

    <p>Possessing a valid EMT certificate</p> Signup and view all the answers

    What happens to the disciplinary file of an employee who has been disciplined and signs a written approval?

    <p>The Union can look at the complete disciplinary file but not remove or copy items</p> Signup and view all the answers

    What is the time limit for initiating disciplinary action against an employee?

    <p>35 working days</p> Signup and view all the answers

    What happens to a witness who is interviewed in a disciplinary investigation?

    <p>The witness does not have the right to a Union representative</p> Signup and view all the answers

    What is the consequence of not reporting the loss of driver's license?

    <p>Discipline and/or termination</p> Signup and view all the answers

    How long can an employee who loses their driver's license be accommodated by the City?

    <p>Up to 180 days</p> Signup and view all the answers

    Study Notes

    Article 6: Grievance Procedures and Contract Enforcement

    Grievance Procedures

    • A grievance is a claim by an employee or the union that the employer has violated the collective bargaining agreement.
    • The grievance procedure is the process for resolving disputes between the employer and the union or employee.
    • Typical steps in the grievance procedure:
      1. Step 1: Written Grievance: The employee or union submits a written grievance to the employer, specifying the issue and desired resolution.
      2. Step 2: Initial Response: The employer responds in writing, either resolving the grievance or denying it.
      3. Step 3: Appeal: If the grievance is denied, the employee or union can appeal to the next level of management.
      4. Step 4: Arbitration: If the grievance is still unresolved, it proceeds to arbitration.

    Contract Enforcement

    • The collective bargaining agreement (CBA) outlines the terms and conditions of employment.
    • The union and employer are responsible for enforcing the CBA.
    • Contract enforcement involves ensuring that the employer complies with the CBA's provisions.

    Arbitration Process

    • Arbitration is a neutral, third-party process for resolving disputes.
    • The arbitrator reviews evidence and testimony from both sides and makes a binding decision.
    • Arbitration outcomes can be appealed to a higher authority, if specified in the CBA.

    Dispute Resolution

    • Dispute resolution involves resolving conflicts through negotiation, mediation, or arbitration.
    • The goal is to find a mutually acceptable solution that respects the rights of all parties.

    Employee Rights

    • Employees have the right to:
      • A safe and healthy work environment
      • Fair treatment and equal opportunity
      • Freedom from discrimination and harassment
      • Representation by the union in matters related to the CBA
      • Due process and a fair hearing in disciplinary actions

    Grievance Procedures

    • A grievance is a claim that an employer has violated the collective bargaining agreement (CBA) and can be filed by an employee or the union.
    • The grievance procedure is a process for resolving disputes between the employer and the union or employee.

    Steps in Grievance Procedure

    • Written Grievance: The employee or union submits a written grievance to the employer, specifying the issue and desired resolution.
    • Initial Response: The employer responds in writing, either resolving the grievance or denying it.
    • Appeal: If the grievance is denied, the employee or union can appeal to the next level of management.
    • Arbitration: If the grievance is still unresolved, it proceeds to arbitration.

    Contract Enforcement

    • The collective bargaining agreement (CBA) outlines the terms and conditions of employment.
    • The union and employer are responsible for enforcing the CBA.

    Arbitration Process

    • Arbitration is a neutral, third-party process for resolving disputes.
    • The arbitrator reviews evidence and testimony from both sides and makes a binding decision.
    • Arbitration outcomes can be appealed to a higher authority, if specified in the CBA.

    Dispute Resolution

    • Dispute resolution involves resolving conflicts through negotiation, mediation, or arbitration.
    • The goal is to find a mutually acceptable solution that respects the rights of all parties.

    Employee Rights

    • Employees have the right to a safe and healthy work environment.
    • Employees have the right to fair treatment and equal opportunity.
    • Employees have the right to freedom from discrimination and harassment.
    • Employees have the right to representation by the union in matters related to the CBA.
    • Employees have the right to due process and a fair hearing in disciplinary actions.

    Disciplinary Actions and Counseling

    • Disciplinary actions are considered good cause for:
      • Habitual use of alcoholic beverages to excess or any use of narcotics
      • Conviction of a crime involving moral turpitude or infamous conduct
      • Partaking of intoxicating beverages or intoxication while on duty
      • Abusive or improper treatment to a person in custody
      • Insubordination
      • Incompetence to perform duties
      • Negligence in handling City property
      • Violation of official regulations
      • Commission of acts unbecoming an officer
      • Willful violation of rules
      • Inducing or attempting to induce an officer to commit an illegal act
      • Solicitation or receipt of gifts or favors
      • Absence from duty without leave
    • Counseling is not considered disciplinary action

    Disciplinary Actions

    • Reprimand:
      • May be written or verbal
      • Written reprimand must be transmitted to employee and Human Resources Department
      • Employee may appeal written reprimand to Personnel Board
    • Suspension:
      • May be without pay for up to 20 working days for suppression duties or 32 working days for non-suppression duties
      • Written notice must be given to employee, including reasons and duration of suspension
    • Demotion:
      • May be for cause
      • Written statement of reasons must be transmitted to employee and Human Resources Department
    • Discharge:
      • May be for cause
      • Written statement of reasons must be transmitted to employee and Human Resources Department
      • Employee may present their side of the facts to an impartial City decision maker

    Firefighter's Bill of Rights

    • Prior to questioning, employee shall receive written notice of circumstances of proposed discipline
    • Employee shall have right to:
      • Be informed of the name and rank of persons conducting the interrogation
      • Have a Union representative present during interrogation
      • Be compensated for time spent in interrogation
      • Have a reasonable break during interrogation
      • Not be subjected to offensive language or intimidation
      • Not be promised or rewarded for answering questions
      • Review their official personnel file
      • File a written response to any adverse comment in their file

    Other Provisions

    • Disposition of investigation shall be noted on the Notification of Disciplinary Interview form

    • Employee has right to review their complete disciplinary file with Union approval

    • After disciplinary action, employee shall be entitled to discovery of information under Nebraska state law

    • Witnesses in disciplinary actions shall not have the right to a Union representative during interrogation

    • Disciplinary action must be initiated within 35 working days of incident, unless mutually waived or extended

    • Captain or Acting Captain not responsible for accidents unless negligent in operation or supervision of apparatus### Disciplinary Actions

    • Sixth offense: 5-day suspension with loss of pay and/or termination

    Counseling

    • Formalized employee counseling instituted by the City
    • Counseling is not considered a form of discipline
    • Interviews conducted on an as-needed basis to address unacceptable job performance or failure to follow instructions
    • Documented in writing on a provided form, signed by the employee
    • Original form maintained in the employee's personnel file, with a copy given to the employee

    Employee Rights

    • Employee can inspect their Departmental personnel file at reasonable times and places determined by the Fire Chief
    • Employee can request an administrative review by the Fire Chief or Labor Relations Director/Human Resources Director if they believe their file contains erroneous information
    • Employee can request removal of counseling older than 1 year, except as provided in Section 13

    Removal of Counseling, Reprimand, and Suspension

    • Removed documents are maintained in a generic Personnel file ("Removed Disciplinary Actions File") with no notation in the employee's file
    • Removed documents can be used for litigation purposes or impeachment in appeals, arbitration, or litigation relating to employee discipline

    Special Disciplinary Procedures for Employee Loss of EMT Certificate

    • Loss of EMT certificate must be promptly reported to the supervisor, with failure to report resulting in discipline and/or termination
    • If an employee loses their EMT certificate for less than 1 year and promptly reports it:
      • May be suspended for up to 7 working days
      • Pay will be reduced to the next lower pay level (not exceeding 10% reduction)
      • May be reassigned by the Fire Chief
      • Leave schedule may be changed at the discretion of the Fire Chief for 1 year
    • If the loss is permanent or exceeds 1 year, the employee is subject to disciplinary action up to and including termination

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Understand the process of resolving disputes between employers and unions/employees through grievance procedures, including written grievances and steps for resolution.

    More Like This

    Labour Relations and Collective Bargaining
    8 questions

    Labour Relations and Collective Bargaining

    AdventurousAsh avatar
    AdventurousAsh
    Collective Bargaining Process
    10 questions

    Collective Bargaining Process

    BelievableElPaso3143 avatar
    BelievableElPaso3143
    Labor Relations Management Module 5
    40 questions

    Labor Relations Management Module 5

    IdyllicHonor3430 avatar
    IdyllicHonor3430
    Labor Relations and Collective Bargaining - Chapter 15
    36 questions

    Labor Relations and Collective Bargaining - Chapter 15

    ExemplaryBoltzmann avatar
    ExemplaryBoltzmann
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser