Houston Fire Department Grievances (Classified Members) PDF

HOUSTON FIRE DEPARTMENT SUBJECT: GRIEVANCES (CLASSIFIED MEMBERS) VOLUME NO. I PROFESSIONAL STANDARDS OFFICE REFERENCE NO. I-19 SECTIONS 1.00-6.07H 1.0...

HOUSTON FIRE DEPARTMENT SUBJECT: GRIEVANCES (CLASSIFIED MEMBERS) VOLUME NO. I PROFESSIONAL STANDARDS OFFICE REFERENCE NO. I-19 SECTIONS 1.00-6.07H 1.00 PURPOSE 1.01 To establish a grievance guideline which is based upon the Texas Local Government Code 143.127 Grievance Procedure. 2.00 OBJECTIVES 2.01 To establish a policy that governs the filing, handling, and final disposition of firefighter grievances. 3.00 DEFINITIONS 3.01 Arbitration: The hearing and determination of a case in a controversy by a person chosen by the parties or appointed by statutory authority. 3.02 Association: The Houston Professional Fire Fighters Association, Local 341, International Association of Fire Fighters. 3.04 Department Grievance Counselor: A firefighter appointed by the Department Head to administer the grievance procedure. 3.05 Department Head: The Fire Chief of the Houston Fire Department. 3.06 Director: The Director of firefighter’s Civil Service. 3.07 Firefighter: As used in the Texas Local Government Code, “firefighter” applies to all classified members of the Houston Fire Department. 3.08 Grievance: A cause of distress (as an unsatisfactory working condition) felt to afford reason for complaint or resistance. 3.09 Grievant: One who submits a grievance for arbitration. 4.00 SCOPE 4.01 This guideline is applicable to all firefighters (classified members) of the HFD. 5.00 RESPONSIBILITIES 5.01 Employee Responsibilities: A. A firefighter may file a grievance relating to the same aspects of their employment that the Civil Service Commission of the firefighter’s municipality would have lawful jurisdiction, including, but not limited to, a written or oral reprimand, transfers, job performance reviews, and job assignments. B. Any dispute, claim, or complaint involving the interpretation, application, or alleged violation of any provisions of an agreement between the City and Association are defined as contract grievances and are to be arbitrated by the Association according to the provisions of the agreement. I-19 Grievances (Classified Members) REVISED 10/22/2018 REVIEWED 02/24/23 Page 1 of 4  C. A firefighter may not file a grievance relating to: 1. A disciplinary suspension, indefinite suspension, promotional pass-over, demotion, or other action or decision for which a hearing, review, or appeal is otherwise provided by the Texas Local Government Code. 2. An allegation of discrimination based in whole or in part, on race, color, religion, sex, or national origin. 5.02 Grievance Counselor Responsibilities: A. Provide appropriate grievance forms to firefighters wishing to file a grievance. B. Accepting, on behalf of the Department Head or the Department Head’s designated representative, a Step I or Step II Grievance. C. Assisting firefighters in handling Grievances. D. Forwarding a copy of a Step I or II Grievance form to the Director and notifying the Department Head or the Department Head’s designated representative. E. Arranging meetings between the firefighter and that firefighter's immediate supervisor or other appropriate supervisor, or both, and the person or persons against whom the grievance is lodged. F. Arranging the meeting of the firefighter and that firefighter's Department head or the Department Head's designated representative. G. Performing duties that the Department Head or the Department Head’s designated representative may assign. 6.00 GUIDELINES 6.01 The grievance process consists of 4 steps. In any step of the Grievance Process, in which the immediate supervisor is included, the Department Head, the Department Head’s designated representative, or the Department Grievance Counselor may add any appropriate supervisor who is not the firefighter’s immediate supervisor or may designate that supervisor to replace the person's immediate supervisor if the Department Head, the Department Head’s designated representative, or Department Grievance Counselor determines that the other supervisor has the authority to resolve the person's grievance. 6.02 Step I Grievance: A. To begin a grievance action, a firefighter must file a complete written Step I grievance form with the person's Department Head, the Department Head’s designated representative, or Departmental Grievance Counselor within 30 days after the date the action or inaction for which the person feels aggrieved occurred. A Step I grievance form may be obtained from the Departmental Grievance Counselor. If the form is not timely filed, the grievance is waived. B. If the form is filed, the Department Grievance Counselor shall arrange a meeting of the firefighter and that person's immediate supervisor or other appropriate supervisor, or both, and the person or persons against whom the grievance is lodged. The Department Grievance Counselor shall schedule the Step I meeting within 30 calendar days after the date the grievance is filed. If the grievance is lodged against the Department Head, the Department Head may send a representative. C. The firefighter's immediate supervisor or other appropriate supervisor, or both, shall fully, candidly, and openly discuss the grievance with the firefighter in a sincere attempt to resolve it. D. Regardless of the outcome of the meeting, the firefighter’s immediate supervisor or I-19 Grievances (Classified Members) REVISED 10/22/2018 REVIEWED 02/24/23 Page 2 of 4  other appropriate supervisor, or both, shall provide a written response to the firefighter with a copy to the Grievance Counselor, within 15 calendar days, after the date the meeting occurs. The response must include the supervisor's evaluation and proposed solution. The response shall either be personally delivered to the firefighter or mailed by certified mail-return receipt requested, to the last home address provided by that person. E. If the proposed solution is not acceptable, the firefighter may file a Step II Grievance Form with the Departmental Grievance Counselor. If the aggrieved firefighter fails to timely file a Step II Grievance Form, the solution is considered accepted. 6.03 Step II Grievance: A. To continue the grievance process, the firefighter must complete a Step II Grievance Form and file it with the Department Grievance Counselor within 15 calendar days after the date the firefighter receives the supervisor's response. B. The Department Grievance Counselor shall arrange a meeting of the firefighter, that person's immediate supervisor or other appropriate supervisor or both, and the Department Head or the Department Head's representative who must have a rank of at least Assistant Chief or the equivalent. The meeting shall be held within 15 calendar days after the date the Step II grievance form is filed. C. Regardless of the outcome of the meeting, the Department head or the Department Head's representative shall provide a written response to the firefighter within 15 calendar days after the date the meeting occurs. The response shall either be personally delivered to the firefighter or police officer or be mailed by certified mail, return receipt requested, to the last home address provided by that person. D. If the proposed solution is not acceptable, the firefighter may either submit a written request stating the person's decision to appeal to an independent third party hearing examiner or file a Step III Grievance Form with the Director at 611 Walker, 4th floor. If the firefighter fails to timely file a Step III Grievance Form or a written request to appeal to a hearing examiner, the solution is considered accepted. 6.04 Step III Grievance: A. To continue the grievance process, the firefighter must complete a Step III Grievance Form and file it with the Director within 15 calendar days after the date the firefighter received the Department Head's response. B. The Director shall arrange a hearing of the firefighter and a grievance examiner to be appointed by the Commission. The hearing shall be held within 15 days of the aggrieved firefighter's working days after the date the Step III Grievance Form is filed. C. A hearing shall be conducted as an informal administrative procedure. Grievances arising out of the same or similar fact situations may be heard at the same hearing. A court reporter shall record the hearing. All witnesses shall be examined under oath. The burden of proof is on the aggrieved firefighter. D. The Grievance Examiner shall make written findings and a recommendation for solution of the grievance within 15 calendar days after the date the hearing ends. E. If the proposed solution is not acceptable to either the firefighter or the Department head, either party may file a Step IV Grievance Form with the Director. If the firefighter or the Department Head fails to timely file a Step IV Grievance Form, the solution is considered accepted by that person. I-19 Grievances (Classified Members) REVISED 10/22/2018 REVIEWED 02/24/23 Page 3 of 4 6.05 Step IV Grievance: A. If the Department Head or the firefighter rejects the proposed solution; the Department Head, the Department Head's designated representative, or the firefighter must complete a Step IV Grievance Form and file it within 15 calendar days after the date the person receives the grievance examiner's recommendation. B. The Commission shall review the grievance examiner's findings and recommendation and consider the transcript of the Step III hearing at the Commission's next regularly scheduled meeting or as soon as practicable. In no event, may the Commission render a decision later than 30 days after the date the transcript is filed. If the Commission does not render a decision within 30 days after the date the transcript is filed, the Commission shall sustain the firefighter's grievance. C. The Commission shall base its decision solely on the transcript and demonstrative evidence offered and accepted at the Step III hearing. The Commission shall furnish a written copy of the order containing its decision to the firefighter, the Department Head, and the grievance examiner. 6.06 Special Provisions for Steps I and II: If the aggrieved firefighter's immediate supervisor is the Department Head, the Department Head shall meet with the aggrieved firefighter and may not appoint a representative, and the Step I and Step II processes are combined. 6.07 Miscellaneous Grievance Provisions: A. Firefighters may act as their own representative or obtain a representative at any time during the grievance process. The municipality is not obligated to provide or pay the costs of providing representation. The representative: 1. Is not required to be an attorney. 2. Is entitled to be present to advise the firefighter. 3. Is entitled to present any evidence or information for the firefighter. 4. May not be prevented from fully participating in any of the grievance procedures. 5. Members NOT part of IAFF Local 341 will have to provide their own representation. B. A firefighter may take reasonable time off from a job assignment to file a grievance and attend a meeting or hearing. Time taken to pursue a grievance may not be charged against that person. The firefighter shall be compensated on an overtime basis for the time that person spends at a grievance meeting or hearing if: 1. The meeting or hearing is scheduled at a time other than that person’s normally assigned working hours; AND that person prevails in the grievance. C. The Director is the official final custodian of all records involving grievances. D. A firefighter that files a grievance is entitled to a 48-hour notice of any meeting or hearing scheduled. In the event, that the firefighter is not given 48-hour notice, the firefighter's grievance shall be automatically sustained and no further action may be held on the grievance. E. In no way, will this guideline supersede the Grievance Procedure in the Texas Local F. Government Code, Sections 143.127, 143.128, 143.129, 143.130, 143.131, 143.133, and 143.134. G. Firefighters proceeding to a Step III or Step IV Grievance should make themselves aware of the Texas Local Government Code's Grievance Procedure. H. It is the responsibility of the member who filed the grievance to follow up and keep track of all date and time deadlines. I-19 Grievances (Classified Members) REVISED 10/22/2018 REVIEWED 02/24/23 Page 4 of 4