3.24.pdf

SHERIFF’S POLICY MANUAL 3.24 LABOR RELATIONS / GRIEVANCE PROCEDURES 3.24.1 Labor Relations: The Sheriff has made a commitment to meet at reasonable times and confer in “Good Faith” with the various labor organizations who represent the employees of the Browar...

SHERIFF’S POLICY MANUAL 3.24 LABOR RELATIONS / GRIEVANCE PROCEDURES 3.24.1 Labor Relations: The Sheriff has made a commitment to meet at reasonable times and confer in “Good Faith” with the various labor organizations who represent the employees of the Broward Sheriff’s Office with respect to wages, hours, and other terms and conditions of employment or the negotiation of an agreement. The Sheriff is committed to abide by agreements resulting from signed and ratified collective bargaining agreements or labor arbitration. 3.24.2 Excluded Staff: All employees with a conflict of interest are excluded from certified representative organizations. 3.24.3 Negotiation Teams: The Sheriff establishes negotiation teams with the principal negotiator being the Sheriff or designee. 3.24.4 Grievances: A. A Command or Human Resources representative receiving a grievance will acknowledge receipt of the grievance by noting the date, time, and receiving agent. Those employees included in a Collective Bargaining Agreement, will follow their respective agreement’s Grievance Procedure. Employees not covered by the grievance procedure of existing collective bargaining agreements are equally entitled to a process that allows them to resolve their grievances fairly and quickly. The grievance procedure established herein applies to all employees who are not covered by an existing collective bargaining agreement. B. A grievance is any dispute or disagreement relating to a term or condition of employment including the interpretation and application of BSO policies and procedures. However, this procedure is not available for the appeal of disciplinary matters. Disciplinary matters will be processed exclusively through the disciplinary review procedure contained in the Sheriff’s Policy Manual. C. Employees who believe they were aggrieved will present a written grievance within 10 calendar days of the date he or she knew or could have reasonably known of the events giving rise to the grievance including any applicable policies and procedures at issue, as well as the remedy sought. Any documents referenced in the grievance or necessary to a review of the grievance will be attached. Reviewed: 02/17/2016 Revised: 02/17/2016 Rescinds: 12/01/2015 Effective: 03/02/2016 3.24 Page 1 of 4  SHERIFF’S POLICY MANUAL D. Employees are not entitled to employee representation by legal counsel; however, they can represent themselves in the process. 3.24.5 Grievance Procedure: The following procedure will be the sole and exclusive means for the resolution of grievances: A. Step 1: 1. Employees will first present the written grievance to their immediate supervisor and a copy to the Director of Human Resources. 2. The supervisor or designee will note on the written grievance the date and time of receipt with the signature of the employee receiving it. 3. Upon presentation of the grievance, the supervisor or designee and employee will attempt to resolve it. The supervisor or designee will affirm or deny the allegations and render a written decision identifying the remedy or adjustment, if any, to be made to resolve the grievance. 4. The written decision on the grievance will be presented to the employee with a copy to the Director of Human Resources within 10 calendar days after it is presented. 5. If no decision is rendered within the time period, the grievance will automatically advance to the next step. B. Step 2: 1. If employees are not satisfied with the outcome of Step 1, they will present the same grievance packet as presented at Step 1 to the Department Executive Director or equivalent command within five calendar days of the decision at Step 1 or due date for the decision at Step 1. Employees will include a cover page indicating the grievance was presented at Step 1 and the outcome of the Step 1 process including the written Step 1 decision if any. Employees will send a copy of the Step 2 grievance packet to the Director of Human Resources. Reviewed: 02/17/2016 Revised: 02/17/2016 Rescinds: 12/01/2015 Effective: 03/02/2016 3.24 Page 2 of 4  SHERIFF’S POLICY MANUAL 2. The Department Executive Director or designee will note on the written grievance the date and time of receipt with the signature of the employee receiving it. 3. Upon presentation of the grievance, the Department Executive Director or designee and employee will attempt to resolve it. The Department Executive Director or designee will affirm or deny the allegations and render a written decision identifying the remedy or adjustment, if any, to be made to resolve the grievance. 4. The written decision on the grievance will be presented to the employee with a copy to the employee’s immediate supervisor and a copy to the Director of Human Resources within 10 calendar days after it is presented. 5. If no decision is rendered within the time period, the grievance will automatically advance to the next step. C. Step 3: 1. If employees are not satisfied with the outcome of Step 2, they will present the same grievance packet as presented at Step 2 to the Sheriff or designee within five calendar days of the decision at Step 2 or due date for the decision at Step 2. Employees will include a cover page indicating the grievance was presented at Step 1 and Step 2 and the outcome of the Step 1 and Step 2 process including the written Step 1 and Step 2 decisions if any. Employees will submit a copy of the Step 3 grievance packet to the Director of Human Resources. 2. The Sheriff or designee will note on the written grievance the date and time of receipt with the signature of the employee receiving it. 3. The Sheriff or designee will consider the grievance as presented or may request additional information including interviews if the Sheriff or designee deems it necessary, at the Sheriff's sole discretion. 4. The Sheriff or designee will affirm or deny the allegations and render a written decision identifying the remedy or adjustment, if any, to be made to resolve the grievance as soon as practicable. The written final decision will Reviewed: 02/17/2016 Revised: 02/17/2016 Rescinds: 12/01/2015 Effective: 03/02/2016 3.24 Page 3 of 4  SHERIFF’S POLICY MANUAL be presented to the employee with a copy to the employee’s immediate supervisor and a copy the Director of Human Resources. 5. The decision of the Sheriff or designee will be final and binding. 6. The Human Resources Classification and Compensation Manager will maintain copies of all grievances and the Department of Professional Standards will prepare an annual report to the Sheriff or designee noting trends in outcomes, policy concerns, training issues or other concerns related to employment with in the Broward Sheriff’s Office. Reviewed: 02/17/2016 Revised: 02/17/2016 Rescinds: 12/01/2015 Effective: 03/02/2016 3.24 Page 4 of 4