(a) General Policies. Prompt and objective review of employee dissatisfactions and sincere attempts to resolve them in an equitable manner are essential to productive and mutually beneficial employee-management relationships. Employees shall have an opportunity to express their dissatisfactions and to have their views on matters related to employment and working conditions promptly and fully considered. Every reasonable effort shall be made to resolve employee complaints and grievances on an informal basis at the lowest level of management possible. Therefore, both supervisors and employees are expected to work together for the achievement of this objective. Professional members of the City Manager's staff shall be available to provide advice and assistance to both management and employees at any stage of these procedures in their efforts to resolve their differences on the issues under consideration. The procedures contained herein provide the principles and instructions for presenting, considering, and resolving grievances. The presentation of a grievance shall not, in itself, be considered as reflecting unfavorably on the employee's good standing, loyalty, or his/her value to the City of Moundsville. Therefore, an employee shall be free to pursue the procedures without fear of restraint, interference, coercion, discrimination, or reprisal on the part of management at any level.
All stages of the grievance shall be in writing on forms supplied by the City Manager. At the first and second steps, the only persons who may be present at the grievance meetings are the grievant, the appropriate manager at the level at which the grievance is being heard, and appropriate witnesses for each side. At the third step, the grievant, at his or her option, may have present a representative of his or her choice. Personal face-to-face meetings are required at all steps of the Grievance Procedure. Beyond the second step both the grievant and the respondent may call upon appropriate witnesses and may be represented by counsel. The grievant's representative, if one is chosen, shall be designated by the employee in writing at the time he/she presents the grievance in writing under appropriate procedures. If the employee is represented by an attorney, it shall be at his/her own expense. This designation shall be changed only by written notification to the official considering the grievance, signed by the employee concerned. As the grievance moves through the levels of appeal, an employee may not materially change the basic nature or content of his/her grievance after it is reduced to writing, nor may he/she change the relief sought.
(b) Definition of a Grievance. A grievance shall be a complaint or dispute by a permanent employee relating to his or her employment regarding the following issues:
(1) Working conditions that affect the safety of an employee; and
(2) The interpretation, application, or meaning of these personnel policy regulations.
No other issues shall be grievable, including but not limited to the discipline, hiring, and dismissal of employees.
(c) Grievability. The issue of grievability may occur at any step of the procedure prior to the Council hearing, but once raised the issue must be formally resolved as provided herein before further processing of the grievance. In all cases, the issue of grievability must be resolved prior to the Council hearing or it shall be deemed to have been waived by management and the grievance shall be processed to conclusion. The grievant shall have fifteen (15) calendar days to appeal a decision of non-grievability prior to the Council hearing step of the procedure. Such appeal must be in writing and directed to the City Manager.
Decisions of the City Manager may be appealed by the grievant to the City Council for a hearing de novo on the issue of grievability. Proceedings for review of the decision of the City Manager shall be instituted by filing a notice of appeal with the City Manager within fifteen (15) calendar days from the date of receipt of the decision and giving a copy thereof to all other parties. Within fifteen (15) calendar days thereafter, the City Manager shall transmit to the City Council to which the appeal is taken: a copy of the decision of the City Manager, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the Council shall also be furnished to the grievant.
Within thirty (30) days of receipt of such records by the Clerk, the Council shall hear the appeal on the record transmitted by the agency head and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Council may affirm the decision of the City Manager or may reverse or modify the decision. The decision of the Council shall be rendered no later than the fifteen (15) calendar days from the date of the conclusion of the hearing. The decision of the Council is final and is not appealable. The classification of a complaint as non-grievable shall not be construed to restrict any employee's right to seek or management's right to provide customary administrative review of complaints outside of the scope of the grievance procedure.
(d) Management Rights. Nothing in this procedure is intended to circumscribe or modify the existing management right of the City of Moundsville to do the following:
(1) Direct the work of its employees, as well as establish and revise wages, salaries, position classifications, and general benefits;
(2) Hire, promote, transfer, assign, and retain employees within the City organization;
(3) Maintain the efficiency of City governmental operations;
(4) Relieve employees from duties with the City in emergencies;
(5) Determine the methods, means, and personnel by which operations are to be carried out.
(e) Coverage of Personnel. All permanent employees who have completed the City's prescribed introductory period are eligible to file grievances except the City Manager, department heads, the City Attorney, and any other employees who may be excluded. The City Manager shall maintain an up-to-date list of the employees excluded from the grievance procedure.
(f) Relief Sought. Once an employee reduces his/her grievance to writing he/she must specify on the appropriate form the specific relief he/she expects to obtain through use of this procedure and the relief sought shall be personal to the grievant (i.e., the relief sought may not be the dismissal or disciplining of another employee). The relief sought must be consistent with those issues determined to be grievable under this procedure and may not be in conflict with the management rights contained in this article.
The employee may accept the relief granted at any step of the procedure and his/her grievance shall be considered resolved. However, prior to reaching the grievance panel, if the employee finds any part of the relief granted unacceptable, he/she must advance the entire grievance and remedy sought to the next step of the procedure. The decision of the grievance panel shall be final and binding.
(g) Failure to Comply With Procedural Requirements. After the initial filing of a written grievance, failure by either party to comply with all substantial requirements of the grievance procedure, including the City Council hearing, without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the non-compliance within five (5) working days of receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the City Manager. The City Manager, or his/her designee, may require a clear written explanation of the basis for just cause extensions or exceptions. The City Manager, or his/her designee, shall determine compliance issues. Compliance determinations made by the City Manager shall be subject to judicial review by filing petition with the City Council within thirty days of the compliance determination.
(h) Remedial Action. When a grievance is resolved in favor of the employee, appropriate remedial action shall be taken promptly to the degree permitted by law and regulation as interpreted by the City Manager.
(i) Cancellation of a Grievance. A grievance under investigation or review shall be canceled by the official considering it upon receipt of an employee's written request, upon notification that the remedy sought has been granted, when the employee does not furnish required information according to the compliance requirements in subsection (f) hereof and duly proceeds with the advancement of his/her case, upon death of the employee, or his/her separation from employment for reasons not connected with the grievance. The canceling official shall promptly notify all parties, including the City Manager, in writing of his/her action to include the reasons for the cancellation.
(j) Extension of Prescribed Time Limits. The parties to the grievance, by mutual agreement, may extend any or all of the time periods established in this procedure up to and through the third (3rd) step. The City Council, on their own recognizance, or at the request of either party to the grievance, may extend any or all of the prescribed time periods applicable after the grievance is received by the City Council from the City Manager.
(k) Steps in The Grievance Procedure.
(1) First Step - Supervisor level. An employee who has a grievance shall discuss the problem directly with his/her immediate supervisor where applicable and the grievance need not be reduced to writing until this step has been completed. It is incumbent upon the employee at Step 1 of the procedure to inform the supervisor of his/her intention to formally grieve. An employee's problem does not become an official grievance for the purpose of this procedure until the employee identifies it as such to the supervisor. The supervisor shall give the employee his/her verbal response with respect to the grievance within fifteen (15) calendar days after its presentation. A grievance must be initiated within seven (7) calendar days of the occurrence or condition giving rise to the alleged problem.
(2) Second Step - Department head level. If the grievance is not resolved at the first step, the employee shall have fifteen (15) calendar days to reduce his/her grievance to writing on a Second Step Grievance Form obtained from the City Manager. The fully completed grievance form shall be delivered by the grievant to his/her immediate supervisor or department head. The immediate supervisor and/or the department head shall meet with the grievant within fifteen (15) calendar days of receipt of the grievance form. A written reply to the grievance signed by the department head shall be provided to the employee within fifteen (15) calendar days after the second step meeting.
(3) Third Step - City Manager level. If the department head's reply from the second step meeting is not acceptable to the grievant, he/she shall have fifteen (15) calendar days after receipt of the department head's reply to complete, in writing, a Third Step Grievance Form obtained from the City Manager. The fully completed grievance form shall be submitted to the City Clerk who shall record its submission and forward the grievance and any related documents to the City Manager who may designate someone to administer the third step grievance. The designated individual and such other individuals as he/she deems appropriate, under this procedure, shall meet with the grievant within fifteen (15) calendar days of receipt of the grievant's request and shall reply in writing to the grievance within fifteen (15) calendar days following the third step meeting.
(4) Fourth Step - Council Grievance Panel. If the City Manager's reply from the third step meeting is not acceptable to the grievant, he/she may submit the grievance to a fourth step Council hearing. The request for a fourth step Council hearing shall be indicated by the employee on an additional form obtained at the City Manager's Office. Requests for City Council hearings must be submitted to the City Manager within fifteen (15) calendar days after receipt of the third step reply. The Council's decision shall be final.
(l) Make-up of The Grievance Council. An impartial City Council shall consist of a legal quorum of Council.
(m) Council Rules and Procedures. The City Council shall be notified by the City Manager within fifteen (15) calendar days after receipt of an employee request for a Fourth Step Council hearing. At that time, the Council shall select a chairman, set the time for the hearing, which shall be held as soon as practicable, but no more than fifteen (15) calendar days after the Council has been initially notified by the City Manager, and shall notify the employee or his/her representative of the date and time of the hearing. A copy of the grievance file shall be provided to the Council members by the City Manager. The City Manager shall provide the grievant with a list of the documents furnished to the Council. The grievant and his/her attorney, if represented, at least ten days prior to the scheduled Council hearing, shall be allowed access to, and copies of, all relevant files intended to be used in the grievance proceedings.
(n) Conduct of the Council Hearing. Council hearings are not intended to be conducted like court proceedings, and the rules of evidence are not required to be followed. The conduct of the hearing shall be as follows:
(1) The presence of four Council members shall constitute a quorum. The Council has the specific and final authority to determine the propriety of attendance at the hearing of all persons not having a direct involvement in the hearing, provided that at the request of the grievant, the hearing shall be private.
(2) The Council may at the beginning of the hearing ask for statements clarifying the issues involved.
(3) Exhibits, when offered by the grievant or the City of Moundsville, may be received in evidence by the panel, and when so received, shall be marked and made part of the record.
(4) The grievant and management, or their representatives, shall then present their claims, proofs and witnesses, who shall testify under oath or affirmation and who shall submit to questions or other examinations. The Council shall have authority to determine the admissibility of evidence without regard to the burden of proof or the order of presentation of evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence.
(5) Documents, exhibits, and lists of witnesses shall be exchanged between the parties in advance of the hearing.
(6) The parties may offer evidence and shall produce such additional evidence as the Council may deem necessary to an understanding and determination of the dispute. The Council shall be the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the Council and of the parties.
(7) The Council has no subpoena power to compel the attendance of witnesses. The Council may, however, at the request of either party, or its own discretion, request the voluntary appearance of witnesses or the submission of documents.
(8) The Council chairman shall specifically inquire of all parties whether they have any further proof to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed.
(9) The hearing may be reopened by the Council on its own motion or upon application of a party for good cause shown at any time before the award is made.
(o) Council Decision. The Council shall have the responsibility to interpret the application of appropriate City of Moundsville policies and procedures in the case. It shall not have the prerogative to formulate or to change policies or procedures. The majority decision of the Council shall be final and binding and consistent with law and written policies as determined by the City Manager. The City Manager shall review the Council's decision before it is issued and shall return it to the Council for their revision if it is determined to be inconsistent with law and/or written policies.
The decision shall be filed in writing by the Council chairman with the City Manager not later than fifteen (15) calendar days after the completion of the hearing. Copies of the decision shall be transmitted by the City Manager to the employee, his/her representative, and the employee's department head. The Council shall use the following guidelines during the decision making process.
(1) The Council may consider mitigating circumstances and modify management's action consistent with written policy.
(2) The Council is to decide cases on the merits, not on compliance matters occurring prior to or during the Council hearing. All compliance questions should be referred to the City Manager, and the Council may consult with the Manager on procedural questions arising during the hearing.
(3) The Council, in rendering its decision, shall be guided by, but not necessarily bound by, the relief specified by the employee. However, the relief granted must be consistent with written policy.
(4) The Council by majority vote may uphold or reverse the action of management or, in appropriate circumstances, may choose a modified remedy.
(p) Maintenance of Grievance Records. When a grievance is reduced to writing, a grievance case file shall be initiated by the department head handling such grievance. This file shall contain copies of all forms, memoranda, letters, and/or summaries of all meetings and decisions rendered concerning the case. As the case progresses through the various steps of the grievance procedure, copies of all additional data shall be added to the file until the grievance is resolved. When the grievance is resolved, this grievance case file shall constitute the official record of the case and shall be forwarded to the City Manager for appropriate maintenance and disposition.