Police Contract NON-SUPERVISORS

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Questions and Answers

What happens to disciplinary grievances involving suspensions of more than five days without pay?

They must be reviewed by an outside panel first.

They are automatically dismissed.

They advance to Step 6 of the grievance procedure. (correct)

They are resolved through mediation only.

What must occur before a grievance can be filed with the FOP?

The grievance must be resolved by peer mediation.

It must be presented in a city meeting first.

The member must attempt to resolve it with their immediate supervisor. (correct)

The incident must be reviewed by the City council.

What is the responsibility of the party producing the expert witness?

To pay the expense of the expert witnesses (correct)

To cover the cost of transcripts regardless of who orders them

To provide legal representation for the opposing party

To manage all related grievance processes

Within how many calendar days must a member bring the grievance to their immediate supervisor?

15 calendar days Signup and view all the answers

What happens if a grievance is not pursued within the stated time limit?

It is considered resolved. Signup and view all the answers

What does the FOP need to do if they initiate a grievance on behalf of the membership?

File it within fifteen calendar days from awareness of the incident. Signup and view all the answers

When can an employee be represented by legal counsel in the grievance process?

After completing all steps of the grievance procedure Signup and view all the answers

Which of the following disciplinary penalties is not subject to arbitration?

Reprimand Signup and view all the answers

What must happen for the time limits in the grievance process to be extended?

A mutual agreement must be reached and documented in writing Signup and view all the answers

What occurs if a grievance regarding a pay step denial is granted?

A gross pay adjustment is made to the effective date of the pay step. Signup and view all the answers

If a grievance is not resolved through discussion within thirty working days, what action can be taken?

It may be filed with the FOP. Signup and view all the answers

What is required for all grievances that are filed?

They should include a full statement of particulars. Signup and view all the answers

What is the grievance procedure for performance ratings that drop by at least 15%?

It begins at Step One of the grievance procedure. Signup and view all the answers

What is the role of the FOP regarding grievances?

To file grievances on behalf of individuals or groups. Signup and view all the answers

In emergency situations, what can both parties do regarding the grievance process?

They may combine steps to speed up the resolution. Signup and view all the answers

Which of the following statements about employee protection in grievances is true?

There should be no restraint or interference in filing grievances. Signup and view all the answers

What is the time frame for the Human Resources Director to submit a written decision after receiving a grievance?

14 calendar days Signup and view all the answers

If a grievant is not satisfied with the Human Resources Director's decision, how long do they have to appeal the grievance?

7 calendar days Signup and view all the answers

What happens if the mediation does not satisfy the grievant?

A panel of three arbitrators will be appointed. Signup and view all the answers

Who is responsible for bearing the cost of the arbitrator?

The arbitrator's cost is borne equally by both parties Signup and view all the answers

What is required for a decision made by the arbitration panel to be validated?

At least 2 of the 3 arbitrators must join in the decision. Signup and view all the answers

What document must the Union provide to the American Arbitration Association to initiate the arbitration process?

A written request for a list of arbitrators Signup and view all the answers

What is the time limit for the parties to select arbitrators after receiving the list from AAA?

20 calendar days Signup and view all the answers

What happens if a terminated employee chooses to use the grievance and arbitration procedure instead of civil service laws?

The City pays all administrative, filing, or panel fees. Signup and view all the answers

Study Notes

Expense of Proceedings

The party requesting an expert witness is responsible for their fees
The party requesting a transcript is responsible for the costs

Arbitrator Limits

Arbitrators cannot alter the terms of the agreement
They are limited to interpreting the agreement's express terms

Grievance Time Limits

Grievances must be filed within specific time limits or they are deemed resolved
If a supervisor or management representative fails to respond within the time limit, the grievant can move to the next step

Representation

Grievants can be represented by legal counsel after the completion of grievance procedure steps

Protection from Retaliation

Employees are protected from retaliation for filing grievances or seeking information relating to their grievances

Emergency Conditions

Steps in the grievance procedure can be combined to speed up resolution with mutual agreement
Time limits can be extended with written agreement

Pay Step Denials

If a pay step denial grievance is granted, a gross pay adjustment is made to the date the step should have taken effect

Performance Ratings

If a sworn member's performance rating is 15% lower than the previous year's rating, it can be subject to the grievance procedure

Grievance Procedure Timeline

The Human Resources Director has 14 calendar days to make a decision
If the decision is not satisfactory, the grievant has 7 days to appeal to Step 3

Mediation

Disciplinary grievances can be mediated if the grievant is not satisfied with the decision at Step 2
Contract interpretation grievances can also be mediated at the parties' option

Arbitration

If mediation is not satisfactory, a panel of three arbitrators is appointed
The AAA provides a list of arbitrators
The parties select arbitrators
The arbitration decision is binding
The decision is anonymous and does not indicate which arbitrators voted or their reasons
The cost of the arbitrator is borne equally by the parties
The City pays all administrative fees in the event a terminated employee selects arbitration

Disciplinary Grievances

Suspensions of 5 days or more without pay, demotion, discharge or termination automatically advance to Step 6
Mediation can be discussed before proceeding to arbitration

Grievance and Arbitration Machinery

The grievance and arbitration machinery is the sole recourse for employees receiving disciplinary penalties less than termination
Reprimands are not subject to arbitration

Filing a Grievance

The FOP is the exclusive bargaining agent for all members
Members must attempt to resolve the issue with their immediate supervisor within 15 days
The FOP can file a grievance on behalf of the membership within 15 days of becoming aware of the incident
All grievances must be in writing and include a full statement of particulars

FOP Time off

The FOP or its representative is granted reasonable time to investigate, prepare, and/or file a grievance

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Description

This quiz covers key concepts related to grievance procedures in labor law, focusing on the responsibilities of parties, arbitrator limits, grievance time limits, and protections for employees. Understanding these elements is crucial for navigating workplace disputes effectively.