(A) Grievances can be initiated by the city or any aggrieved employee or group of employees.
(B) Each department of the city shall elect two grievance representatives for a one-year term. The grievance representative shall be an employee of the city in that specific department.
(C) The party asserting a grievance, his or her representative and any witness called to testify, shall be excused from duty in order to participate in the hearings without loss of salary, vacation, sick leave, and any personal leave allowances. The grievant may meet with his representative on a work day during break periods or lunch time.
(D) Representatives involved in grievance matters are not permitted to:
(1) Bluff or threaten.
(2) Trade one grievance for another.
(3) Stall or prolong any grievance matters.
(E) All references to the number of days shall be understood as working days rather than calendar days. Time limits may be waived upon consent of both parties. Likewise, any step in this procedure may be eliminated by mutual consent.
(F) In any meetings or hearings, the grievant has the right to have a representative, department representative, attorney, or counsel, in attendance.
(G) If either side demands a transcript of any proceedings, the side so demanding shall bear the full expense of the court reporter and the transcript preparation.
(H) The grievance procedure shall be concluded at any step where an agreement has been reached by both parties. Any award in favor of the grievant will be immediately implemented. No party in a higher step in the grievance procedure may veto or reverse a decision that is favorable to the grievant. In the event that either party fails to answer a grievance during the time specified in the grievance procedure step, then the grievance will be considered settled against the side which defaulted.
(I) (1) All grievances must follow the chain of appeal as specified by this grievance procedure, with the exception of demotions, suspension, or dismissals, which will go directly to the Mayor, skipping § 35.37 steps one, two, and three. At no other time will an employee bypass a supervisor or department head.
(2) Nothing in this grievance procedure is intended to deny employees any rights available under the civil service laws or the laws of the state.
(`63 Code, § 158.02) (Ord. 32-80, passed 4-14-80)