Podcast
Questions and Answers
Who selects the arbitrator in case of a grievance?
Who selects the arbitrator in case of a grievance?
- The Federal Mediation and Conciliation Service
- The City and the Union jointly (correct)
- The Labor Relations Director
- The Arbitrator themselves
What happens if the parties cannot agree on an arbitrator within 30 days?
What happens if the parties cannot agree on an arbitrator within 30 days?
- The Federal Mediation and Conciliation Service is contacted (correct)
- The grievance is withdrawn
- The arbitrator is selected by the City
- The Union selects the arbitrator
How many names can each party strike from the list of arbitrators?
How many names can each party strike from the list of arbitrators?
- Four
- Three (correct)
- One
- Two
What is the time limit for the arbitrator to issue a decision after the conclusion of the hearing?
What is the time limit for the arbitrator to issue a decision after the conclusion of the hearing?
What is the authority of the arbitrator limited to?
What is the authority of the arbitrator limited to?
Who is responsible for compensating their own representatives and witnesses?
Who is responsible for compensating their own representatives and witnesses?
What happens if the arbitrator finds they have no authority or power to rule in the case?
What happens if the arbitrator finds they have no authority or power to rule in the case?
Can an employee process a grievance without Union representation or assistance?
Can an employee process a grievance without Union representation or assistance?
What happens if a matter under this Article is pending before the Personnel Board for more than 90 days?
What happens if a matter under this Article is pending before the Personnel Board for more than 90 days?
Can time limitations be waived or extended?
Can time limitations be waived or extended?
What is the definition of a grievance in this Agreement?
What is the definition of a grievance in this Agreement?
Who has the right to file a recognized grievance on behalf of two or more bargaining unit employees?
Who has the right to file a recognized grievance on behalf of two or more bargaining unit employees?
How many working days does an employee have to present a grievance in writing to the Fire Chief or his designated representative?
How many working days does an employee have to present a grievance in writing to the Fire Chief or his designated representative?
What must the written grievance set forth?
What must the written grievance set forth?
Who responds to the grievant in writing within 15 working days from the date on which the written grievance is received?
Who responds to the grievant in writing within 15 working days from the date on which the written grievance is received?
What happens if a satisfactory settlement is not reached under Step 1?
What happens if a satisfactory settlement is not reached under Step 1?
Who can request arbitration or that the grievance be heard by the Personnel Board?
Who can request arbitration or that the grievance be heard by the Personnel Board?
How many working days does the Labor Relations Director or his designated representative have to respond to the grievant in writing?
How many working days does the Labor Relations Director or his designated representative have to respond to the grievant in writing?
What is the purpose of Step 2 in the grievance procedure?
What is the purpose of Step 2 in the grievance procedure?
What happens if a satisfactory settlement is not reached under Step 2?
What happens if a satisfactory settlement is not reached under Step 2?
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Study Notes
Grievance Procedure
- A grievance is a claim by an employee arising during the term of the Agreement, excluding discharge and disciplinary actions.
- The Union can file a recognized grievance on behalf of two or more bargaining unit employees.
Filing a Grievance
- An employee must submit a written grievance to the Fire Chief or designated representative within 15 working days from the date of awareness.
- The written grievance must state the sections and articles of the Agreement involved.
- The Fire Chief or representative must respond in writing within 15 working days from receipt of the grievance.
Grievance Procedure Steps
- Step 1: Employee submits grievance to Fire Chief or representative.
- Step 2: If unsatisfactory, grievance is presented to Labor Relations Director or representative within 15 working days.
- Step 3: If still unsatisfactory, grievance proceeds to arbitration or Personnel Board within 15 working days.
Arbitration
- Arbitration is conducted by a mutually selected arbitrator within 30 calendar days.
- The arbitrator's decision is final and binding on the Union, City, and employees.
- The arbitrator's authority is limited to interpreting or applying express provisions of the Agreement.
Arbitration Process
- If parties cannot agree on an arbitrator, they jointly request a list of seven arbitrators from the Federal Mediation and Conciliation Service.
- Each party strikes three names, and the remaining arbitrator is selected.
- The arbitrator has 30 calendar days to issue a decision after the hearing.
Additional Provisions
- An employee can process a grievance without Union representation or assistance, but the Union can intervene later.
- Time limitations can be waived or extended by mutual agreement.
- Failure to comply with time limitations constitutes withdrawal of the grievance.
- An employee can be represented by an attorney at law.
- If a matter is pending before the Personnel Board for over 90 days, the City and Union can submit it to a mutually selected arbitrator for expedited determination.
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