Union Contract Article 6
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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

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

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