Miami-Dade Corrections & Rehabilitation Department Employee Grievance Resolution PDF 2012

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING EFFECTIVE DATE: November 30, 2012 SUPERSEDES...

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING EFFECTIVE DATE: November 30, 2012 SUPERSEDES: March 15, 1999 MODIFICATIONS: All Pages TABLE OF CONTENTS I. POLICY II. PROCEDURES A. Eligible Employees B. Exceptions C. Procedure Selection D. Disability Complaints and Disability Grievances E. Grievance Tracking System F. Career Service Grievance Procedure-Miami-Dade County Administrative Order 7-18 G. Collective Bargaining Grievance Procedures III. EMPLOYEE REPRESENTATION IV. MDCR LABOR MANAGEMENT UNIT SUPERVISOR V. MONTHLY REPORTS VI. TRAINING VII. CROSS REFERENCES VIII. RELATED REFERENCES IX. ACCREDITATION STANDARDS X. REVOCATIONS I. POLICY It is the policy of the Miami-Dade Corrections and Rehabilitation Department (MDCR) to establish guidelines that address management, accountability and resolution of employee grievances. All eligible staff shall use the procedures outlined in this Departmental Standard Operating Procedure (DSOP) to resolve disputes and complaints concerning the terms and conditions of their employment. This DSOP does not diminish rights, privileges, or remedies of an employee under any law, rule, collective bargaining agreements or employee contract. All employee grievances shall be fairly and equitably resolved in accordance with Florida Statutes (FS), Miami-Dade County (MDC) Home Rule Amendment and Charter, MDC Administrative Orders (AO), MDC Personnel Rules, collective bargaining agreements and all other MDC and MDCR rules and regulations. Page 1 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING Regardless of membership or non-membership to any collective bargaining unit, MDCR is committed to providing a harmonious working relationship among all staff. MDCR shall address the concerns of all staff in a professional, courteous, consistent and timely manner. It is the responsibility of every supervisor to communicate and manage his/her staff and maintain compliance with collective bargaining agreements, applicable rules, policies and procedures. When supervisors are proactive, employee grievances decrease. Employees are encouraged to seek assistance from their immediate supervisor to resolve disputes prior to filing a grievance. Supervisors shall assess all complaints and/or concerns from employees and seek timely clarification and resolution of employee grievances at their respective level. II. PROCEDURES Each grievance filed, shall state in detail the facts, rules, regulations, and collective bargaining unit agreement provisions alleged to have been violated, remedial action(s) being requested and the reasons for the remedies being requested. Control numbers are assigned to each grievance by the Labor Management Unit (LMU). Names, places, and dates shall be included in order to aid in a fair and equitable resolution. A. ELIGIBLE EMPLOYEES All permanent, probationary and regular part-time employees are eligible to use the grievance procedure. Regular part-time employees are those who work more than 20 hours per week, continuously for 6 months or more. The MDC Career Service Grievance Procedure shall be available to eligible employees: 1. Not covered by a collective bargaining agreement; 2. Covered by a collective bargaining agreement where the labor organization representing the bargaining unit declines to process the grievance; or 3. Covered by a collective bargaining agreement but electing to process a grievance through the Career Service Grievance Procedure. B. EXCEPTIONS Grievance procedures are not applicable to: 1. Disciplinary action (including written reprimands); Page 2 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING 2. Performance evaluation appeals; 3. Classification appeals; 4. Job description appeals; 5. Disability determinations; 6. Formal and informal counseling; 7. Matters for which an appeal is otherwise provided. Employees involved in any of the above matters shall utilize appellate procedures approved by MDC rules and procedures or their respective collective bargaining agreement. Staff should check with a representative from their collective bargaining agreement for information regarding the appellate processes for any of the above matters. Staff may also check with the Personnel Management Bureau (PMB), the LMU or MDC Human Resources Division (HRD)/Labor Management and Employee Appeals Unit at the Internal Services Department (ISD) for general information. C. PROCEDURE SELECTION Employee have the option of selecting either the MDC Career Service Grievance Procedure or the grievance procedure provided by their respective collective bargaining unit agreement. Selection of an either grievance procedure shall be made on the Employee Standard Grievance Form. Under no circumstance shall both grievance procedures be used. The procedure selection shall be binding by the employee and not subject to change once it is submitted for processing. Employees who choose to file a collective bargaining unit grievance shall refer to their respective collective bargaining unit agreement or representative for procedural guidance. D. DISABILITY COMPLAINTS AND DISABILITY GRIEVANCES PMB is responsible for providing assistance to qualified individuals with disabilities who request a reasonable accommodation to perform the essential functions of their job. Employees requesting a reasonable accommodation shall refer to DSOP 6-028 “Reasonable Accommodations Procedures” or contact PMB for guidance. Page 3 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING Employees seeking guidance in filing complaints of regarding injuries and workman’s compensation claims shall refer to DSOP 6-035 “Reporting Major and Minor Employee Injury” for additional information. Employees who feel they have been discriminated against regarding a disability and wish to file a grievance shall refer to Procedure Number 426 “ADA Grievances” of the MDC Procedures Manual for additional information. E. GRIEVANCE TRACKING SYSTEM MDCR LMU is responsible for the tracking and accountability of all grievances from staff. An automated tracking system shall be used by the LMU in order to accomplish this objective. Each grievance will be issued a control number for easy tracking, and entered into a database which has been implemented for information retrieval. The grievance resolution process will proceed as described in this DSOP. Each Facility/Bureau Supervisor is responsible for the timely submittal of all grievances from staff along with a copy of their responses to the LMU to ensure the tracking number is issued prior to the selected procedural deadline so the LMU may maintain accountability of all employee grievances processed by them. F. CAREER SERVICE GRIEVANCE PROCEDURE-MIAMI-DADE COUNTY ADMINISTRATIVE ORDER 7-18 All staff wishing to use the Career Service Grievance Procedure shall follow the applicable time frames for each step of the grievance process have been outlined below: 1. Step One The aggrieved employee shall discuss the grievance with his/her immediate supervisor within 7 calendar days of the incident or within 7 days after the employee could reasonably be expected to have knowledge of the incident which gave rise to the grievance. The immediate supervisor shall respond verbally within 7 calendar days. 2. Step Two If the grievance was not satisfactorily resolved at Step One, the employee may appeal by filing the grievance in writing on the Employee Standard Grievance Form provided by the MDC for this purpose. The grievant will present it to the intermediate supervisor within 7 calendar days from the time the immediate Page 4 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING supervisor's response was due in Step One. The intermediate level supervisor shall respond to the employee in writing within 7 calendar days from the date the written grievance was received. For departmental purposes, the intermediate supervisor shall be the grievant's Facility/Bureau Supervisor. 3. Step Three If the grievance was not satisfactorily resolved at Step Two, the employee may appeal to his/her concerned Division Chief within 7 calendar days from the time the intermediate level supervisor's response was due in Step Two. The concerned Division Chief shall respond to the employee in writing within 7 days from the date the written grievance was received. 4. Step Four If the grievance was not satisfactorily resolved in Step Three, the employee may appeal to the Director within 7 calendar days from the date his/her Division Chief's response was due in Step Three. As soon as the Director or designee accepts the grievance to process in Step Four, it shall be forwarded (by hand delivery) to the LMU Supervisor. The LMU will compile the response for the Director's review and signature. The Director may meet with the employee and/or respond to him/her in writing within 7 days from the date the written grievance was received. If the employee's immediate supervisor is the person designated in Step Two, Three or Four, the employee shall first discuss the grievance with his/her supervisor as provided in Step One. Then, if unresolved, shall submit the grievance in writing to the next appropriate level. 5. General Provisions Either party shall be permitted 1 extension of time at either Step Two, Three or Four, as a matter of right, not to exceed 7 calendar days. The other party must be notified of the extension in writing prior to the expiration of the time limit for the particular step. Additional extensions, at Step Two, Three or Four, and extensions of the MDC Grievance Appeal Hearing, may be granted to either party, when showing good cause. If a grievance is not processed by the grievant within the time limits provided, the grievance shall be considered dropped with prejudice. If MDCR fails to process a grievance within the time limit provided for that step, the grievance shall automatically proceed to the next step. Page 5 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING 6. Career Service Grievance Appeal Procedures If the grievance was not satisfactorily resolved at Step Four, the employee may request an appeal hearing before the MDC Career Service Grievance Appeal Panel. A request for a Career Service Grievance appeal shall be made to the MDC HRD Director, in writing, within 7 days of receipt of the response in Step Four. Requests for a Career Services Grievance appeal shall be made on the standard MDC Appeal Request memorandum. The HRD Director shall initially determine whether the grievance complies with the provisions of AO 7-18 “Grievance Procedures.” If the grievance is in compliance, the HRD Director shall schedule an appeal hearing to be conducted as promptly as possible. The employee shall be provided at least 5 calendar days’ notice of the hearing. A decision by the HRD Director stipulating that the grievance is not in compliance with the provisions of AO 7-18 “Grievance Procedures,” or does not concern a term or condition of employment, which is final and binding and not subject to further review. The HRD Director may, however, refer the matter for alternative resolution where appropriate. The employee must submit copies of any supporting documentation, prior to the date of the grievance’s appeal hearing to the HRD Director. This will provide the panel members the opportunity to properly consider the evidence. No additional documentation will be permitted unless previously submitted. At the grievance appeal hearing, the employee and/or his/her representative will have the right to explain and argue the grievance. The grievances appeal hearing shall be conducted in an orderly fashion. The appeal panel shall render a decision at the conclusion of the hearing. The panel’s decision is final, binding and not subject to further review. 7. MDC Career Service Grievance Appeal Panel The MDC Career Service Grievance Appeal Panel shall consist of the HRD Director and 2 directors of other departments not involved in the process. The HRD Director appoints department directors to serve on the panel from a rotating list, as needed. The appointed department director or alternate shall not be from MDCR when the grievant is from MDCR. Any member of the Career Service Grievance Appeal Panel who feels his/her partiality is reasonably subject to question, may decline to serve and he/she shall be Page 6 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING replaced by a department director selected by the HRD Director from the existing rotating list. G. COLLECTIVE BARGAINING GRIEVANCE PROCEDURES The American Federation of State, County and Municipal Employees (AFSCME); Government Supervisors Association of Florida (GSA); and Dade County Police Benevolent Association (PBA) are the official bargaining units for MDCR employees. When selecting to file a collective bargaining unit grievance, employees shall refer to their respective collective bargaining unit agreement or representatives for procedural guidance concerning grievance provisions. The applicable time frames for each step of the grievance process have been outlined below for each collective bargaining unit relevant to the 2011-2014 Collective Bargaining agreements for AFSCME, GSA, and PBA. 1. Step One The grievant (with or without the Association's representative) may discuss the grievance or dispute with the immediate supervisor, within the following number of days of the occurrence or knowledge of the matter: a. PBA - 14 days; b. AFSCME – 7 days; c. GSA – 7 days. The immediate supervisor shall respond to the parties presenting the grievance within the following number of calendar days: a. PBA – 10 days; b. AFSCME – 7 days; c. GSA – 7 days. At this point, the LMU will be advised that a specific employee is grieving a specific matter. 2. Step Two If after thorough discussion with the immediate supervisor the grievance has not been satisfactorily resolved, the Association representative and/or the grievant may appeal the grievance or dispute to the intermediate supervisor. For departmental purposes, the intermediate supervisor shall be the grievant's Page 7 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING Facility Supervisor/Bureau Commander. This appeal must be submitted within the following number of calendar days from the time the immediate supervisor's response was due in Step One, regardless as to whether the immediate supervisor has or has not responded: a. PBA – 7 days; b. AFSCME – 7 days; c. GSA – 7 days. At this point, the intermediate supervisor shall draft a response on a copy of the grievance and forward (by hand-delivery) the complete grievance form to the LMU. This unit shall review the response, make the necessary corrections and enter the information into the Grievance Tracking System. The grievance will be assigned a control number, which will be written on the upper right hand corner of the Employee Standard Grievance form. The grievance form bearing the control number and the draft response containing all corrections and revisions will be hand-delivered by the LMU to the intermediate level supervisor for typing, on the original grievance form. The intermediate supervisor will present the grievance to the employee within the following number of calendar days from the date the grievance was received: a. PBA – 7 days; b. AFSCME – 7 days; c. GSA – 7 days. Upon the issuance of a tracking number by the LMU (Step Two), a copy of the grievance will be hand-delivered to the Administrative Services Division Chief, as the Employee Grievance Panel's (EGP) representative. The grievance resolution process will proceed as described in this DSOP. Prior to the completion of the response from the Department Director (Step 4), the EGP will provide recommended proposals for resolution to the Department Director. If an employee grievance is resolved at Step Two, Three or Four, the Employee Grievance Panel will not be required to provide recommended proposals for resolution, unless warranted by the facts or circumstances of the grievance. After the Employee Standard Grievance form is presented to the grievant and the employee signs the form in the space provided, the intermediate level supervisor shall forward a copy of the complete grievance form to the appropriate Division Chief and the LMU. The grievance will be considered resolved if the appropriate Division Chief has not been presented the Page 8 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING grievance within the following number of calendar days from the date of presentation to the grievant: a. PBA – 7 days; b. AFSCME – 7 days; c. GSA – 7 days. 3. Step Three If the grievance has not been satisfactorily resolved in Step Two, the Association's representative and/or the employee may submit the grievance to his/her concerned Division Chief within the following number of calendar days after the intermediate supervisor's response was due: a. PBA – 7 days; b. AFSCME – 7 days; c. GSA – 7 days. His/her concerned Division Chief shall draft response on a copy of the grievance and forward (by hand delivery) the complete grievance form with the draft response to the LMU. The Unit shall review the response, make the necessary correction, and enter the information into the Grievance Tracking System. The grievance containing all corrections and revisions will be hand- delivered (by the LMU) to the grievant's concerned Division Chief for typing on the original grievance form. The Division Chief will present the grievance to the employee within the following number of calendar days from the date the grievance was received by the concerned Division Chief. a. PBA – 7 days; b. AFSCME – 7 days; c. GSA – 7 days. After the employee is presented the grievance response and signs on the appropriate space, a copy of the complete grievance form shall be forwarded to the LMU. If the Associations representative or the employee has not appealed to the Department Director within the following number of calendar days from the date the grievance was due in Step Three, the grievance will be considered resolved: a. PBA – 10 days; b. AFSCME – 7 days; Page 9 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING c. GSA – 7 days. 4. Step Four If the grievance has not been satisfactorily resolved in Step Three, the employee and/or the Association's representative may present the written appeal to the Director within the following number of calendar days from the date his/her Division Chief's response, Step Three: a. PBA – 10 days; b. AFSCME – 7 days; c. GSA – 7 days. As soon as the Director or designee accepts the grievance form, it will be forwarded (by hand-delivery) to the LMU for a proper response from the EGP and additional investigation, if necessary. The response will be drafted for the Director's review and signature. Once the response has been prepared, the Director shall respond in writing to the employee with a copy to the Association within the following number of calendar days: a. PBA – 10 days; b. AFSCME – 7 days; c. GSA – 14 days. The employee will be presented the Director's response by the LMU. This action will be entered into the Grievance Tracking System for proper documentation and accountability. 5. Step 5- Arbitration If the decision of the Director has not satisfactorily resolved the grievance, the Association's representative may request for arbitration in writing to the Miami- Dade Employee Relations (ERD) Department Director no later than the following number of working days after the rendering of such decision by the MDCR Director: a. PBA – 15 days; b. AFSCME – 15 days; c. GSA – 14 days. Page 10 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING Since this request is made to the ERD Director, the Department's Grievance Tracking System shall not reflect this until the LMU has been notified by the ERD of the impending appeal hearing. Subsequent to the request for arbitration, either party may request a labor management committee meeting to discuss resolution of the pending grievance. At the arbitration hearing, the employee shall be accompanied by his/her Association's representative, as appropriate. The arbitrator shall render a decision no later than the following number of days after the conclusion of the final hearing: a. PBA – 30 days; b. AFSCME – 30 days; c. GSA – 30 days Copies of the finding of the arbitrator shall be furnished to both parties and shall be final and binding. III. EMPLOYEE REPRESENTATION MDCR recognizes AFSCME, GSA and PBA as the official bargaining units for many of its departmental employees. Information related to employee concerns should be reviewed and assessed when put forth by an employee. Prior to seeking advice from external labor relations sources, employees are encouraged to seek assistance from the Department's Labor Relations Team. Employees shall maintain the right to a representative of their choice in matters related to their employment. Only employees who are appointed or elected as union representatives are authorized to be released from regular assigned duties to process grievances and to administer provisions of their collective bargaining agreement. Approval from the employee's supervisor shall be obtained prior to leaving his/her assigned duties, and the supervisor’s approval shall not be unreasonably withheld. The time used shall be indicated on the PAR, indicated by the code applicable to each union. MDCR shall address all employees' concerns in a professional, courteous, consistent and timely manner. Supervisory personnel are expected to assess all complaints and/or concerns put forth by employees and seek timely clarification and resolution of the situation at their respective levels. Page 11 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING IV. MDCR LABOR MANAGEMENT UNIT SUPERVISOR In all grievance related matters, the LMU Supervisor shall be designated as the MDCR liaison to MDC HRD, MDC Attorney’s Office and all recognized collective bargaining unions. The LMU Supervisor shall be MDCR’s representative designated to facilitate all grievance related processes, coordinate and attend all grievance related meetings and hearings. In an effort to provide the Director with a complete assessment of all matters in dispute, the LMU Supervisor shall convene a meeting with Command Staff members from all MDCR entities which could be impacted by the grievance’s disposition. The purpose of the meeting shall be to seek a fair and equitable grievance resolution in accordance with FS, MDC Home Rule Amendment and Charter, municipal codes of MDC, MDC Personnel Rules, and other applicable rules and regulations. The LMU Supervisor shall provide the Director with an assessment of all aspects of the grievance, an overview of all proposals being considered for resolution, a comparative outlook of historical dispositions in similar disputes, all relevant documents, and a recommendation for a fair and equitable resolution in the best interest of MDCR and the employee. This process shall not interfere with the established time frames set forth in the MDC Career Service Grievance Procedures or any collective bargaining agreements As needed, employees who are most familiar with the terms or conditions of the dispute shall be interviewed as subject matter experts and mandated to appear and provide their professional testimony at scheduled grievance meetings and/or hearings. The LMU Supervisor shall seek approval from the employee's supervisor prior to leaving his/her assigned duties. Once a mandate is effectively issued by the LMU Supervisor for an employee to appear, any employee who refuses to comply with the mandate shall be subject to administrative and/or disciplinary action up to and including termination. V. MONTHLY REPORTS The LMU shall provide all command staff with an Employee Grievance Monthly Statistical Report. This will detail the number of all employee grievances received, resolved, or pending status (based what step of the process it is in), type of complaint/grievance, and which facility/bureau the grievance originated from. This is to monitor the Grievance Tracking System and identify any trends or problems. The trends and any recommended corrective action will also be forwarded to the Labor Relations Team on a monthly basis. Page 12 of 14 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-001 YEAR: 2012 VERSION: 1 SUBJECT: EMPLOYEE GRIEVANCE RESOLUTION AND TRACKING VI. TRAINING The LMU shall provide training to supervisors, as it relates to employee grievances, whenever the Facility Supervisor/Bureau Commander requests specific training for his/her staff. Additionally, in-service training on resolving grievances shall be provided during correctional supervisory training classes. VII. CROSS REFERENCES AFSCME Collective Bargaining Agreement – October 1, 2011-September 30, 2014 Florida Statutes Chapter 447.301, 447.401, 447.609 GSA Professional Employees Bargaining Agreement – October 1, 2011-September 30, 2014 GSA Supervisory Employees Collective Bargaining Agreement – October 1, 2011- September 30, 2014 Miami-Dade County Administrative Order 7-18 “Grievance Procedure” Miami-Dade County Home Rule Amendment and Charter, Sec. 4.02 Miami-Dade County Personnel Rules Chapter VII, Section 3 Miami-Dade County Procedural Manual 415 “Grievances; 426 “ADA Grievances” PBA Rank and File Unit Collective Bargaining Agreement – October 1, 2011-September 30, 2014 PBA Law Enforcement Supervisory Unit Collective Bargaining Agreement – October 1, 2011-September 30, 2014 VIII. RELATED REFERENCES DSOP 6-028 “Reasonable Accommodations Procedures” DSOP 6-029 “Discrimination, Harassment, (Including Sexual Harassment) and Retaliation” Page 13 of 14