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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.
(a) When an employee is to be disciplined, the Division Head or Department Head shall have the charges against the employee reduced to writing, with one (1) copy to be delivered to the employee at the job site and a copy delivered to the local Union President's office. Delivery to the employee shall be deemed to have occurred if the charges are hand-delivered, or in the event that hand-delivery fails, placed in the U.S. mail. Delivery at the employee's home will be utilized as a last resort - normally where time is of the essence. Delivery to the local Union President's office shall be deemed to have occurred if the charges are hand- delivered, sent by facsimile (fax) transmission, left at the office with a Union representative or Union employee, or placed in the U.S. mail using certified or registered mail, return receipt requested. Where resort to U.S. mail occurs, the date of the posting shall control and a written certification shall be provided to the Hearing Officer stating the date of mailing and address to which mailed. The employee's last known address shall be utilized.
The local Union President or Chief Steward shall be notified when an investigation begins that could lead to an infraction. In no case shall the notification be more than five (5) work days (M-F not including holidays) after the Bureau's knowledge. This notification cannot be brought up at the disciplinary hearing as an issue of failing to follow procedure.
Charges must be brought within fifteen (15) workdays (Monday through Friday, except holidays) of the Bureau notifying the Union that an investigation has begun. If the Bureau needs more time to investigate, they can request an extension in writing from the Union. However, charges must be brought within thirty (30) working days (M-F not including weekends and holidays) from the date of the incident that may lead to an infraction after the thirty (30) workday time period, the time periods under this section will start from the Bureau's verifiable knowledge of the incident. This does not preclude the parties from mutually agreeing to extend timeframes. If an employee's work related activities are being challenged through litigation, any disciplinary action that could be considered by the City may be deferred pending the conclusion of litigation. The hearing shall be held by the City's designated hearing officer on a date and time mutually agreed upon, but no more than ten (10) work days (Monday through Friday) after the charges have been served on the employee, unless mutually agreed upon otherwise. In the event the hearing cannot be held because of the absence of the employee, Division or Department Head then it shall be held within five (5) work days (Monday through Friday) after the return of the employee and/or Division or Department Head.
(b) Charges shall be preferred by the Division or Department Head and, if different, the individual originally lodging them. The designee of the City shall serve as the Hearing Officer.
(c) The employee shall have the right to be represented at such hearing by the Union. The bargaining representative shall have the right to attend any such hearing held where an employee included in the jurisdiction of the Bargaining Unit is involved.
(d) The employee shall be presumed to be innocent and the burden shall be on the employer to show fault by the evidence presented at the hearing. The employee or his representative shall have the right to confront and question the accuser, the right to call and examine witnesses in the employee's behalf, the right to have all pertinent records made available, and the right to file a written answer to the charges prior to the hearing.
(e) The designee of the City shall hear only the evidence in support of the charges and only the evidence in defense of the charges and shall endeavor to ascertain the truth of the charges. The designee of the City shall make a recommendation to the Mayor on the case within ten (10) work days (Monday through Friday) following the closing of the hearing.
(f) In appropriate cases, referral to the Employee Assistance Program may be considered pursuant to the provisions of Section 2115.35, “Employee Assistance Program”.
(g) If the recommendation of the designee of the City is for dismissal or demotion, then the Mayor or designated member of the Mayor's staff shall within ten (10) workdays schedule the hearing to hear oral arguments from the parties relative to the recommended penalty. It is the intention of the parties to hold the hearing within ten (10) workdays. A fair and just decision based on the arguments submitted at the hearing will be rendered in a timely manner. Termination from employment shall not occur until the Mayor’s decision is rendered.
If the recommendation of the designee of the City is for termination, the employee will be removed immediately from his/her position and will be suspended on administrative leave without pay, unless the employee elects to use available vacation and/or compensatory time pending the Mayor's decision.
(h) Penalties imposed as a result of the hearing shall be in compliance with the Progressive Disciplinary Procedure in Section 2115.30 or the Advanced Disciplinary Procedure in Section 2115.31 or, when applicable, policies and/or Memoranda of Understanding regarding D.O.T. drug and alcohol procedures, and only those penalties agreed upon by the parties or imposed by the Hearing Officer except as otherwise provided by this agreement.
(a) Any disciplinary action involving a suspension, a demotion or discharge, shall, at the option of the employee, be subject to the appeal procedure of the Civil Service Commission or shall, at the option of the Union Grievance Committee, be subject to the arbitration procedure provided in Section 2115.21, “Intent”, through Section 2115.25, “Failure to Answer or Appeal”. When the Union Grievance Committee has elected to file a grievance pursuant to the procedures set forth in said arbitration procedure and the employee subsequently files an appeal to the Civil Service Commission, then said grievance shall be considered waived, the employee having elected to appeal to the Civil Service Commission under the Civil Service Rules, as provided by the Charter of the City.
(b) Any disciplinary action involving a written or verbal warning shall be subject to the grievance procedure commencing at the operational level. An appeal of the decision may be submitted to the Department of Human Resources whose decision will be final and binding on the parties.
When an employee is to be given a verbal warning, the matter shall be privately discussed between the employee and appropriate supervisor. The Union steward shall be informed and shall have a right to be present so that the Union can be afforded an opportunity to discuss the matter with the employee. A record of the infraction shall be maintained, subject to the provisions of Section 2115.32, “Clearing of Employee's Record”, herein.
In order to insure that all employees are treated fairly, the following standard procedure for imposing disciplinary action on employees guilty of minor infractions shall be followed. This procedure shall apply to all disciplinary infractions except theft, embezzlement of public funds, being under the influence of alcoholic beverages or abusive drugs during work hours, physical violence, offenses involving gross misconduct, or gross insubor dination.
Level A
Reprimand
Step One:
An employee who commits a minor infraction within twelve (12) months of issuance of a verbal warning shall be given a written reprimand and be placed in Step One of this procedure. Reprimands shall be discussed with the employee privately. The Union steward shall be present and informed so that the Union can be afforded an opportunity to discuss the matter with the employee. A copy of the reprimand will be furnished to the Department of Human Resources, the Union Steward and the Union office.
Level B
Suspension
Step Two: Suspension--one to ten days
An employee found guilty of a minor infraction within twelve (12) months of issuance of a reprimand shall: Be suspended without pay for up to ten (10) work days depending upon the investigation of the cause of the rule infraction, the employee's work record and the seriousness of the infraction.
Step Three: Suspension--eleven to twenty days
An employee found guilty of another minor infraction within sixteen (16) months thereafter shall be suspended without pay for from eleven (11) to twenty (20) work days, depending upon the investigation of the cause of the rule infraction, the employee's work record and the seriousness of the infraction.
Level C
Discharge
Step Four: An employee found guilty of another minor infraction within twenty-one (21) months thereafter may be discharged.
The designee of the City shall have the final say as to the severity of the penalty to be imposed as long as the penalty does not exceed the above procedure. The hearing officer may in his/her discretion order repetition of a prior penalty rather than advancement to the next penalty level.
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