CBA Article 8-10 pg. 19

Questions and Answers

What condition must be met for an employee to settle a grievance independently?

The Union must approve the settlement prior to the agreement.

The employee must inform the City before settling.

The settlement agreement must be submitted to the Union. (correct)

The settlement must align with local labor laws.

What does the grievance procedure exclude?

Discussion of salary disputes.

Use of mediation services.

Engagement in strikes or work stoppages. (correct)

Access to legal representation.

Under what circumstances can the grievance procedure be bypassed?

For grievances related to compensation disputes only.

During emergency situations affecting public safety.

If both parties agree in writing on a specific instance. (correct)

If the aggrieved employee requests it.

What action is prohibited during the term of the Agreement?

Locking out employees due to a labor dispute. Signup and view all the answers

What is the only matter that can be grieved under the penalties section?

Whether the employee engaged in prohibited conduct. Signup and view all the answers

Which of the following actions is not allowed by the Union or its representatives during the Agreement's term?

Encouraging employees to engage in concerted stoppage of work. Signup and view all the answers

What may the City and the Union mutually agree upon regarding grievances?

To utilize an expedited arbitration procedure in specific cases. Signup and view all the answers

What does judicial restraint protect against?

Any violation of the terms of the Agreement by either party. Signup and view all the answers

How is seniority defined for firefighters who were previously employed as civilian paramedics?

Based on their hire date as a civilian paramedic. Signup and view all the answers

What happens to seniority when an employee is in a non-paid status for thirty consecutive days?

Seniority is lost for that period. Signup and view all the answers

In case of a seniority conflict between two employees with the same accrued seniority, what is the first basis for resolution?

Hire date. Signup and view all the answers

What duration is established for the probationary period for new employees?

Twelve months. Signup and view all the answers

Which of these statements correctly reflects the definition of seniority in rank?

It is determined by the length of continuous service in the rank. Signup and view all the answers

What is true about the termination of probationary employees?

City may suspend or terminate them without cause. Signup and view all the answers

If two employees have the same seniority based on hire date, what factor will next determine their ranking?

Their order of rank on the eligibility list. Signup and view all the answers

What is the maximum duration for a suspension of a probationary employee by the City?

Three duty days or less. Signup and view all the answers

What is the maximum duration an employee can maintain their medical insurance after a layoff?

24 months Signup and view all the answers

Which document must be submitted to initiate the grievance process?

A written grievance to the Deputy Chief Signup and view all the answers

How long does the Deputy Chief have to respond to the grievance after a meeting?

7 calendar days Signup and view all the answers

What is required for an employee to maintain insurance after layoff?

Payment of the full monthly premium Signup and view all the answers

If an employee wishes to appeal a grievance after Step 1, to whom should it be submitted?

Fire Chief or his designee Signup and view all the answers

What must an employee include in their grievance submission?

A complete statement of the facts and relief requested Signup and view all the answers

What is considered a 'grievance' according to the agreement?

A complaint arising from a violation of the Agreement Signup and view all the answers

If no meeting is held at Step 1, when must the Deputy Chief respond to the grievance?

Within 7 calendar days Signup and view all the answers

What is the time frame for submitting a grievance after becoming aware of the issue?

7 calendar days Signup and view all the answers

Who can accompany an employee during a grievance meeting?

A Union Representative Signup and view all the answers

What happens if a grievance remains unresolved after Step 3?

The Union may invoke arbitration Signup and view all the answers

How long does a grievant have to appeal to the City Manager after receiving the Step 2 response?

7 calendar days Signup and view all the answers

What is not a requirement for a grievance to be processed?

Requesting financial restitution Signup and view all the answers

What is the timeline for the Fire Chief to respond after receiving a grievance at Step 2?

10 calendar days Signup and view all the answers

What is the time frame within which the parties must agree on an arbitrator after the notice of referral?

Ten (10) days Signup and view all the answers

If the parties cannot agree on an arbitrator, what is the next step they must take?

Jointly request the Federal Mediation and Conciliation Service for a panel Signup and view all the answers

How many arbitrators can each party reject from the panel provided by the Federal Mediation and Conciliation Service?

One panel in its entirety Signup and view all the answers

What will happen if a grievance is not presented within the specified time limits?

It shall be considered 'waived' Signup and view all the answers

What is the maximum time after the close of the hearing for the arbitrator to submit a decision in writing?

Thirty (30) days Signup and view all the answers

Which of the following is NOT within the authority of the arbitrator?

To amend or modify the provisions of the Agreement Signup and view all the answers

What recourse does a party have if the City does not respond to a grievance within specified time limits?

Treat the grievance as denied and appeal immediately Signup and view all the answers

What is required for multiple grievances to be submitted to the same arbitrator?

Both parties must mutually agree in writing Signup and view all the answers

Who can represent employees during grievance meetings?

Only certified Stewards or Union Executive Board members Signup and view all the answers

What shall the fees and expenses of the arbitrator be divided as?

Equally between the Union and the City Signup and view all the answers

What is the role of the arbitrator regarding applicable laws?

Has no authority to make decisions inconsistent with laws Signup and view all the answers

What should happen if an employee in an acting capacity responds to a grievance?

No authority will be recognized in their response Signup and view all the answers

What constraint is placed on the arbitrator's decision-making process?

Shall be final and binding without exceptions Signup and view all the answers

What is the certification requirement for all bargaining unit employees within five years of hire?

Firefighter III, Advanced Firefighter, or equivalent Signup and view all the answers

What happens to employees who do not achieve the necessary certification status?

They become ineligible for promotion. Signup and view all the answers

What must the City provide to the Union regarding seniority?

A seniority list setting forth each employee's date and rank. Signup and view all the answers

What key aspect determines the layoff process according to the document?

The City will decide layoffs after considering alternative options. Signup and view all the answers

What is the maximum advance notice the City must provide to the Union before a layoff?

Thirty calendar days Signup and view all the answers

Which alternative to layoffs is NOT mentioned as a consideration?

Suspending operations temporarily Signup and view all the answers

What is the consequence for employees if they fail to respond to a recall notice within the given time frame?

Their name will be removed from the recall list. Signup and view all the answers

Under what condition does seniority get terminated for an employee?

If they have been laid off for a period of three years or more. Signup and view all the answers

What must an employee do to ensure that their seniority is not terminated while on an approved leave?

Receive written consent for their absence. Signup and view all the answers

What recourse does the Union have if they believe the City failed to follow the layoff requirements?

They can file grievances regarding the layoff process. Signup and view all the answers

Which of the following statements regarding layoffs is accurate?

The City reserves the final authority over layoffs. Signup and view all the answers

What is required from employees regarding their mailing address for recall notices?

They are responsible for providing their latest mailing address. Signup and view all the answers

What happens if an employee is absent for two consecutive scheduled workdays without notice?

Their seniority may be terminated. Signup and view all the answers

What action should the City take if layoffs become necessary?

Meet with union representatives to discuss alternatives. Signup and view all the answers

In the event of a recall, who is prioritized for rehire?

Employees on the recall list are rehired in inverse order of layoff. Signup and view all the answers

Study Notes

Seniority, Layoff, and Recall Overview

Seniority is determined by the length of continuous full-time employment as a sworn firefighter with the City.
Civilian paramedics hired as firefighters retain seniority based on their original hire date.
Seniority does not accrue during unpaid absences exceeding thirty consecutive days.

Seniority in Rank

Seniority in rank is based on the length of service in that rank, determined by promotion date and order.

Probationary Period

New hires go through a twelve-month probationary period.
During probation, employees can be suspended or terminated without cause.
No grievances may be raised concerning the status of probationary employees.

Certification Expectations

Employees must achieve Firefighter III or equivalent certification within five years of hiring to be eligible for promotions or wage advancements beyond step six on the pay scale.

Seniority List Publication

The City will post and provide a seniority list within four weeks of implementing the agreement and annually thereafter.
Errors in the seniority list must be reported within fourteen days.

Layoff Procedures

The City may determine the necessity for layoffs and must give a thirty-day notice, including reasons for layoffs.
Layoffs are a last resort after considering alternatives like budget reductions and identifying new revenue sources.
The City will retain final authority over any layoffs and proposed alternatives will not be subject to grievance processes.

Recall Process

Laid-off employees are placed on a recall list and recalled in the inverse order of their layoff.
Employees have twenty-one days to return to work upon receiving recall notice and must communicate their intention within ten days.
The City must mail recall notices to the last known address of the employee.

Termination of Seniority

Seniority ends if an employee quits, is discharged, retires, has been laid off for three years or more, or accepts other employment while on approved unpaid leave.
Absences of two consecutive workdays without notification can also lead to termination of seniority.

Impact of Layoff

Laid-off employees can maintain medical insurance for up to twenty-four months by paying premiums in advance.
Laid-off employees are entitled to pay for earned, unused vacation time.

Grievance Procedure Overview

A grievance is defined as a complaint regarding the violation or misinterpretation of the Agreement.
Employees must attempt to resolve grievances informally with supervisors first.

Steps in Grievance Process

Step 1: Submit written grievance to Deputy Chief within seven calendar days of the occurrence.
Step 2: If unresolved, appeal in writing to the Fire Chief within seven days of Step 1 response.
Step 3: Further appeals can be made to the City Manager within seven days of Step 2 response.

Arbitration Process

If a grievance remains unresolved, the Union can invoke arbitration within fifteen days following the City Manager’s answer.
An arbitrator is selected through a mutually agreed process and has no authority to modify the Agreement.
Decisions from the arbitrator are final and binding, with fees shared equally between the City and the Union.

Time Limits and Miscellaneous Provisions

Grievances must be filed within seven days; failure to do so waives the right to pursue.
Union representatives may represent employees during the grievance process without loss of pay.

Other Considerations

Actions by bargaining unit members in acting capacities do not bind the City unless agreed upon in writing.
Self-representation is allowed in grievances, provided it does not conflict with the Agreement.### Grievance Procedure
Parties can agree in writing to bypass steps in the grievance procedure for specific instances.
The grievance procedure is the only means for discussing and processing related issues.

No Strike Clause

During the agreement term, neither the Union nor members can engage in strikes, sympathy strikes, slowdowns, or other disruptive actions.
Violation of the no strike provision may lead to discharge or discipline in accordance with the agreement.
The Union is responsible for informing members about their obligations and directing them to return to work if violations occur.

No Lockout Clause

The City commits not to lock out any employees due to labor disputes with the Union throughout the agreement’s term.

Disciplinary Action and Penalties

Grievances regarding disciplinary action for violating the no strike provision can only address whether the employee engaged in prohibited conduct.
Non-enforcement of penalties does not constitute a waiver of rights in future instances, nor does it set a precedent.

Judicial Restraint

Both parties retain the right to seek judicial restraint and damages if the other party violates the Article.
There is no obligation to exhaust the grievance procedure before pursuing court action for judicial restraint or damages.

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Description

Seniority, layoff and recall, grievance procedure, no strike, no lockout