Loading...
It is the mutual desire of the City and the Union to provide for the prompt adjustment of grievances in a fair and reasonable manner, with a minimum amount of interruption of work schedules. Every reasonable effort shall be made by both the City and the Union to effect the resolution of grievances at the earliest step possible. Grievance awards that specify the individual(s) to be paid and the amount shall be issued by the next full pay period after the award date. An award may be made in compensatory time at the employees discretion if so specified in the grievance.
(a) The recognized levels of management under the grievance procedure are as follows: the operational unit (Fire Communica tions or Police Communications), the Department (Fire or Police), and the Department of Human Resources.
(b) Definitions. Disputes involving interpretation, application, or enforcement of the terms of this agreement shall constitute a grievance under the provisions set forth herein.
For the purpose of this section, the term “days” is defined as Monday through Friday, excluding holidays. Appeals and responses at the various steps shall be considered submitted or received on the actual date of receipt, unless sent via U.S. mail in which case the date of posting shall be considered the date of receipt.
(c) Grievance Steps
STEP 1: When a dispute arises from action taken at the operational unit level, the employee and the Union representative shall discuss the matter with the responsible supervisor within seven (7) working days after the existence of the dispute is known to the employee. The responsible supervisor may respond within seven (7) workdays of the discussion. If the responsible supervisor fails to respond in the time frame allowed, the employee has the right to proceed to Step Two. Each operational unit will designate in writing to the Steward and Chief Steward the position(s) to whom grievances are to be presented at this step. Once designated by the operational unit, it is the Union's responsibility to advise new Stewards of the designations. The Union representative presenting the grievance will be immediately advised if the discussion of the grievance needs to occur at another supervisory level. So long as the grievance is presented to the designated operational unit representative in a timely manner the grievance will be considered timely.
When the dispute is resolved at the operational unit level, the responsible supervisor and the Union representative shall reduce the grievance and answer to writing within five (5) working days. Both the responsible supervisor and Union representative shall sign the grievance report.
STEP 2: When the dispute is not settled at the operational level, the Union representative shall reduce the grievance to writing and submit it to the chief of the department or his/her designee who has jurisdiction of the alleged infraction within ten (10) working days after the answer at the operational unit level. The grievance shall be submitted on an approved form and must specify the section of the contract at issue, how the section has been violated, and when the violation occurred. The chief or the designee thereof may at his option conduct a hearing on the grievance. If so, the hearing will be scheduled within ten (10) workdays with a decision required in ten (10) workdays following the day of the hearing. If there is no hearing, a decision shall be issued within ten (10) workdays of the submission at the second step. The grievance shall be returned to the Steward with the decision.
STEP 3: A grievance which is unresolved through steps one and two shall at the instance of the Union be submitted in writing to the Department of Human Resources within ten (10) work days of the decision in Step 2. The assigned hearing officer shall contact the Union's Chief Steward within ten (10) workdays of receipt of the appeal with dates for scheduling a Step 3 hearing. The hearing shall then be held within thirty (30) workdays of the date the Step 3 grievance was submitted to Human Resources. A written decision to be issued within ten (10) workdays thereafter, except where the parties have agreed to forego a hearing. If no hearing is set, a decision shall be issued within ten (10) workdays of the agreement to forego a hearing. A copy of the decision shall be submitted to the Union hall, employee's steward, divisional steward and the employee. The failure to submit a copy to any party except to the Union hall, or the failure to do so in a timely fashion, except to the Union hall, shall not constitute a violation of Section 2115.25, “Failure to Answer or Appeal”.
(d) General Provisions
A grievance may be advanced to any step of the grievance procedure up to and including arbitration by mutual consent of the parties.
When a dispute arises from action taken above the operational unit level, the Union shall reduce the grievance to writing and submit it to the level of management where the dispute occurred. Said dispute must be brought to the attention of the responsible level of management within ten (10) workdays after the date the Union has gained knowledge that a dispute exists. A hearing to resolve said dispute will be scheduled within ten (10) workdays with a written decision required in ten (10) workdays following the hearing.
The Union has the authority to attempt settlement with the City at any step of the procedure and any settlement reached shall be binding upon all parties.
(a) If it is the decision of the Union to submit the grievance to arbitration, then the Union shall notify the Department of Human Resources in writing within fifteen (15) workdays after the final answer of the City has been received by the Union. All such appeals shall be submitted to the Labor Management Forum under paragraph B unless the parties mutually agree otherwise.
Within seven (7) calendar days after this notification, the Union or the City shall provide written notification to the other if the use of expedited arbitration under Section 2115.24 is desired. The parties will confer within seven (7) calendar days thereafter to decide if the expedited labor arbitration process is to be used, as set forth in this contract. If neither side requests expedited arbitration or the parties do not agree upon same, then the following process is to be followed.
(b) Two (2) representatives from the Union and two (2) from the City shall meet on a bi-monthly basis to discuss grievances appealed to arbitration since their last session and any other matters mutually agreed upon. Where more than two (2) representatives are needed to effectively deal with items on the agenda, up to two (2) more may attend from each side provided two (2) days advance notice is supplied of this need. The meetings shall serve as a forum for discussing the potential for resolving pending disputes. Information exchanged or positions taken may not serve as admissions in any later arbitrations or other legal proceedings.
Grievances not resolved in the forum may by mutual agreement still be submitted to Expedited Arbitration under Section 2115.24, or may be submitted by the Union to binding arbitration pursuant to part (c) of this section. The Union must confirm in writing within thirty (30) calendar days from the date of this labor- management forum that the grievance will proceed to arbitration; otherwise, the grievance will be considered as resolved based on the City's answer to the grievance.
(c) A list of seven (7) arbitrators shall be requested from the Federal Mediation and Conciliation Service (FMCS) or another mutually agreed source. Unless otherwise agreed, any list from FMCS shall be requested from the Northern Ohio and Michigan Sub Regions. After receipt of the list, either party may submit a written request to the non-moving party to strike a panel. The City and the Union shall alternately strike one (1) name from the list. The side to strike the first name shall be chosen by lot. If the non- moving party fails to strike the panel within twenty (20) workdays of receipt of the written request, then the moving party has the right to submit its preference in accordance with federal FMCS policies. The non-moving party shall have fourteen (14) calendar days to respond to the moving party's preference.
(d) The Arbitrator shall conduct a hearing within a reasonable time of his selection, at a time, date and place mutually agreed to by the parties. The Arbitrator shall render a decision within a reasonable time of the conclusion of the hearing, unless the parties agree to an extension. The Arbitrator shall not amend, add to or delete any of the provisions of this Agreement.
The City and the Union shall jointly establish a list which will be defined as an Expedited Labor Arbitration Panel. All grievances referred to this panel will be by mutual agreement, except as otherwise provided by this agreement.
The panel of labor Arbitrators will be comprised of seven (7) persons and shall be selected from a panel of twenty-one (21) Arbitrators requested from the Federal Mediation and Conciliation Service Area 48. The list shall be put in random order as selected by the parties after a coin toss to determine the first selector. An Arbitrator, upon rendering a decision, shall be placed in the seventh (7th) position and the person originally listed as second will become the next Arbitrator so assigned.
If the Arbitrator who is first on the list is unavailable on an expedited basis or within required time frames, the next available Arbitrator shall be used. The hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit a full presentation of the evidence and arguments of the parties. There shall be no stenographic record of the proceedings, but the Arbitrator shall make an appropriate record of the proceedings. Normally, the hearing shall be completed in one (1) day. In unusual circumstances and for good cause shown, the Arbitrator may extend the hearing beyond one (1) day, and schedule an additional hearing, within five (5) workdays. There shall be no post hearing briefs unless otherwise agreed upon or unless requested by the Arbitrator. Any briefing shall be on an expedited basis.
The arbitration may proceed in the absence of any party who, after due notice, fails to be present. An award shall not be made solely on the default of a party. The Arbitrator shall require the attending party to submit supporting evidence.
The Arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered.
When both sides have completed their presentations, the Arbitrator shall ask whether either party has any further evidence to offer or witnesses to be heard. Upon receiving negative replies, the Arbitrator shall declare and note the hearing closed.
The award shall be rendered promptly by the Arbitrator and, unless otherwise agreed by the parties, not later than five (5) workdays from the date of the close of the hearing.
The award shall be in writing and shall be signed by the Arbitrator. If the Arbitrator determines that an opinion is necessary, it shall be in summary form.
The expenses of non-City employee witnesses for either side shall be paid by the party producing such witnesses. City employees called as witnesses shall be paid if called during normal working hours.
The Arbitrator shall interpret and apply these rules insofar as they relate to the Arbitrator's powers and duties.
The decision rendered by the Arbitrator shall be advisory only and shall not be precedent setting, except when the parties have agreed otherwise in advance or for adjudications of disputes over the reasonableness of Work Schedule Changes (Section 2115.64, “Work Schedules”), the excessive cost question under Subcon tracting (Section 2115.122), the duty to bargain under general work rules, or the reasonableness issue involving new Policies, Procedures, and Regulations (Section 2115.121 (d)).
In the event that the City fails to answer a grievance within the time required at any step of the grievance procedure or if the Union fails to appeal the answer given to the next step of the grievance procedure within the time allowed, then the grievance will be considered settled against the side which defaulted. Grievances settled by default cannot be the basis of establishing precedent for the settlement of any other grievances. Time limits may be extended by mutual agreement.
DISCIPLINARY PROCEDURE
(a) No employee shall be suspended without pay from the service of the City without first having been afforded a hearing by the City's designated hearing officer, except as provided below.
(b) An employee may be suspended without pay pending a hearing only for major infractions of theft, embezzlement of public funds, being under the influence of alcoholic beverages or abusive drugs during working hours, the use of alcoholic beverages or abusive drugs during working hours, physical violence, offenses involving gross misconduct, or gross insubordination.
(c) However, where an employee is suspended under this provision, the President of the Union or a designee shall be notified of the suspension immediately, and a hearing before the City's designated hearing officer shall be held prior to the end of the work day thereafter at a time mutually agreed upon. The sole purpose of the hearing will be to establish whether sufficient cause exists to continue the suspension until a full hearing as provided in Section 2115.27, “Procedure”, is held and a determination thereunder rendered. Said full hearing need not be scheduled within the time parameters provided under Section 2115.27, “Procedure”; rather, it shall be at the call of the hearing officer.
Loading...