Podcast
Questions and Answers
What happens to disciplinary grievances involving suspensions of more than five days without pay?
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?
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?
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?
Within how many calendar days must a member bring the grievance to their immediate supervisor?
What happens if a grievance is not pursued within the stated time limit?
What happens if a grievance is not pursued within the stated time limit?
What does the FOP need to do if they initiate a grievance on behalf of the membership?
What does the FOP need to do if they initiate a grievance on behalf of the membership?
When can an employee be represented by legal counsel in the grievance process?
When can an employee be represented by legal counsel in the grievance process?
Which of the following disciplinary penalties is not subject to arbitration?
Which of the following disciplinary penalties is not subject to arbitration?
What must happen for the time limits in the grievance process to be extended?
What must happen for the time limits in the grievance process to be extended?
What occurs if a grievance regarding a pay step denial is granted?
What occurs if a grievance regarding a pay step denial is granted?
If a grievance is not resolved through discussion within thirty working days, what action can be taken?
If a grievance is not resolved through discussion within thirty working days, what action can be taken?
What is required for all grievances that are filed?
What is required for all grievances that are filed?
What is the grievance procedure for performance ratings that drop by at least 15%?
What is the grievance procedure for performance ratings that drop by at least 15%?
What is the role of the FOP regarding grievances?
What is the role of the FOP regarding grievances?
In emergency situations, what can both parties do regarding the grievance process?
In emergency situations, what can both parties do regarding the grievance process?
Which of the following statements about employee protection in grievances is true?
Which of the following statements about employee protection in grievances is true?
What is the time frame for the Human Resources Director to submit a written decision after receiving a grievance?
What is the time frame for the Human Resources Director to submit a written decision after receiving a grievance?
If a grievant is not satisfied with the Human Resources Director's decision, how long do they have to appeal the grievance?
If a grievant is not satisfied with the Human Resources Director's decision, how long do they have to appeal the grievance?
What happens if the mediation does not satisfy the grievant?
What happens if the mediation does not satisfy the grievant?
Who is responsible for bearing the cost of the arbitrator?
Who is responsible for bearing the cost of the arbitrator?
What is required for a decision made by the arbitration panel to be validated?
What is required for a decision made by the arbitration panel to be validated?
What document must the Union provide to the American Arbitration Association to initiate the arbitration process?
What document must the Union provide to the American Arbitration Association to initiate the arbitration process?
What is the time limit for the parties to select arbitrators after receiving the list from AAA?
What is the time limit for the parties to select arbitrators after receiving the list from AAA?
What happens if a terminated employee chooses to use the grievance and arbitration procedure instead of civil service laws?
What happens if a terminated employee chooses to use the grievance and arbitration procedure instead of civil service laws?
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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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