Sect 21 - Grievances.pdf

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL SUBJECT: GRIEVANCES Section No: 21 Effective: 06/15/2015 Last Revised: 06/01/1995 POLICY: The City of Naples will ensure that employees in a non-probationary status are given the opportunity to have unobstructed use of a grievance procedure w...

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL SUBJECT: GRIEVANCES Section No: 21 Effective: 06/15/2015 Last Revised: 06/01/1995 POLICY: The City of Naples will ensure that employees in a non-probationary status are given the opportunity to have unobstructed use of a grievance procedure without fear of reprisal or prejudice in any manner to their employment status. OPERATING PROCEDURES I. PURPOSE The purpose of the grievance procedure is to provide a structured, yet informal method of settling disputes arising between an employee and management of the City, from the application of written City or department policies and procedures. It is the City’s intent that proceedings be kept informal and confidential as may be appropriate. II. TYPES A. CONTRACT (Bargaining Unit Employees): A contract grievance consists of a dispute concerning interpretations, applications, and alleged violations of bargaining unit contract provisions including formal disciplinary action. Refer to the appropriate contract for grievance and appeal procedures. B. CITY (Non-bargaining Employees): A City grievance is a complaint resulting from an action which has adversely affected an employee regarding working conditions or alleged unjust application of written City or department rules, regulations, policies or procedures. This procedure will include formal disciplinary action and unsatisfactory performance evaluations. III. ELIGIBILITY A. CONTRACT GRIEVANCE: Union members and City management, including supervisors, are responsible for adhering to the established procedure and designated time frames for bargaining unit contract grievances. Consult the appropriate contract for information regarding deadline provisions and eligibility information. B. CITY GRIEVANCE: Employees who have completed their initial probationary period are eligible to use the City grievance procedure. Employees dismissed during their initial probationary period will not have recourse to any grievance procedure, but may request a meeting with their department director. IV. FILING A CITY GRIEVANCE CITY OF NAPLES PERSONNEL POLICIES AND PROCEDURES MANUAL A. STEP ONE: An employee believing to have been aggrieved by any action of a managerial or supervisory employee may submit such grievance to the next higher authority for the purpose of having such grievance satisfactorily resolved. The grievance must be filed by the aggrieved employee within seven (7) regular business days from the time the employee had knowledge of the subject of the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The supervisor or division director will reach a decision and communicate, in writing, to the grievant within seven (7) regular business days from the date of the Step 1 meeting. The response will be submitted on the Response to Grievance form. B. STEP TWO: If the employee is not satisfied with the disposition of the grievance at Step One, he or she may appeal to the next higher authority, up to the department director, who will hear the grievance and render a decision. Grievances advanced to this step will be filed in writing within seven (7) regular business days after a decision is rendered in Step One. The aggrieved employee will note their advancement to Step Two on the Response to Grievance form. Each decision concerning an employee’s grievance will be rendered in writing on the appropriate Response to Grievance form. A grievance meeting with the employee at each step below the City Manager will be held within seven (7) regular business days of the date filed and a decision will be rendered within seven (7) regular business days. Any non-compliance with the above time requirements by the supervisor or director will be cause for the employee’s grievance to advance to the next higher step. C. STEP THREE: If the decision of the department director is not satisfactory to the aggrieved employee, he or she will have the right to have the grievance heard by the City Manager, or designee. The City Manager, or designee, will determine the format, parameters and procedures of the hearing and may vary them at his discretion. Grievances advanced to this level will be heard within ten (10) regular business days unless other work commitments do not permit this. In such cases, a future date will be established and agreed upon by all parties involved. The City Manager, or designee, will render a written decision within seven (7) regular business days of the hearing on the Response to Grievance form. The decision of the City Manager will be final. The final decision will conclude the third and final step of the administrative procedure available to the employee through the City’s grievance procedure. ______________________________________________________________________________ Section 21 Grievances June 15, 2015 Page 2 of 3 CITY OF NAPLES PERSONNEL POLICIES AND PROCEDURES MANUAL D. GRIEVANT REPRESENTATIVES: Employees filing a grievance at any level will have the right to be represented by one representative of their choice, at their own expense, to present information on their behalf. E. TIME REQUIREMENTS: Time requirements at any step may be extended with the mutual agreement of all parties involved. If an appeal is not advanced to the next step within the required time limit, it will be considered settled with the last response of the City. V. RESPONDING TO A GRIEVANCE Prior to responding to a City grievance, each supervisor or manager should: A. Notify the Human Resources Director of the grievance and forward a copy of the grievance and all written responses as soon as possible. B. Determine if the grievance is a City or Contract grievance. If contractual, refer to the appropriate contract for specific procedures and time limitations. C. If a Union representative is involved in the filing process, ensure that he or she is a designated representative of the appropriate Union. D. Review the official personnel file of the affected employee(s). E. Verify that the grievance was filed at the first step within the time allowed by Contract or this policy. F. Become familiar with all issues and contract articles, rules, policies and procedures applicable to the grievance, including past practices. G. Review the grievance and subsequent information with the Human Resources Director in order to obtain background information and determine if other grievances of a similar nature or of the same issue have been filed previously. ______________________________________________________________________________ Section 21 Grievances June 15, 2015 Page 3 of 3