(a) Any full-time City employee represented in a bargaining unit or by a union may avail himself or herself of the grievance procedure set forth in this section if a real and substantive controversy arises pertaining to working conditions. No frivolous or meaningless grievance which does not have the effect of resolving day to day working conditions shall be filed, nor shall any grievance be filed that is reserved and protected as management rights under existing bargaining contracts with any official employee union or representative group. Union representatives shall not file a grievance if they determine that the same is mute, meaningless, earlier resolved or within the rights granted to management. Once a grievance is perfected pursuant to this section, it shall take precedence over grievances governing the same or related subject matter filed by the same grievant or his or her representative under a negotiated contract, meaning that the contract provisions shall be waived by the grievant in favor of the procedures set forth in this section.
(b) The authority of stewards and alternates duly designated by a union shall be limited to, and shall not exceed, the following duties and activities:
(1) Stewards and alternates shall investigate and present grievances with the employer.
(2) Stewards and alternates shall represent employees in the grievance procedure and during conferences.
(3) A steward shall have a reasonable amount of time during working hours, without any loss of pay, for the investigation and adjustment of grievances and attendance at meetings during working hours, when such meetings are requested by the Director of Public Service or the Employee Relations Committee.
(4) A steward shall be permitted to leave work, after reporting to his or her supervisor, for the purpose of handling grievances or other legitimate representation functions. The privilege of stewards leaving their work during working hours, without loss of pay, is subject to the understanding that the time shall be devoted to proper representation functions and shall not be abused.
(c) An employee may process his or her grievance through the State Board of Personnel Review appeals procedure or the contract grievance procedure. If an appeal is filed under the Board appeals procedure, the employee shall not be entitled to institute proceedings under the contract grievance procedure, all rights to do so being waived by the exercise of an option by the employee to utilize the Board procedure. If an appeal is filed with the Board while proceedings are taking place under the contract grievance procedure, then the contract grievance procedure shall cease and shall not be permitted to be reinstituted. It shall be the policy of a union to encourage its members to elect the grievance procedure set forth herein, as follows:
(1) The employee, either alone or accompanied by the unit steward, shall present the grievance, orally or in writing, to his or her immediate supervisor within five working days of the date of its occurrence or when the employee knew or by reasonable diligence should have known of its occurrence. However, in a group grievance, only one of the grievants shall attend a grievance meeting. The supervisor shall make a careful inquiry into the complaint and attempt to resolve the problem promptly and fairly. He or she shall give his or her decision, orally or in writing, to the employee within three working days of its presentation.
(2) If the grievance is not settled by the procedure set forth in paragraph (c)(1) hereof the appeal shall be made in writing by the employee and signed by the grievant and unit steward. The grievant's written appeal shall be presented to the Director of Public Service within five working days after the supervisor's response is received.
Upon receipt of the grievance, the Director shall set a place and time during working hours, within five working days, for a hearing of the grievance with the aggrieved employee. The unit steward and a union representative may represent the employee at the meeting.
The Director, upon receiving the written appeal, shall respond, in writing, to the employee and the unit steward, within five working days after the hearing.
(3) If the grievance is not settled by the procedure set forth in paragraph (c)(2) hereof, the employee, unit steward or staff representative shall, within five working days after the answer is due, request, through the Employee Relations Committee, a meeting to take place within five working days from the date the request is received. In attendance at this meeting, for the employer, shall be the Mayor, the Director and the Committee and/or their representatives. Representing the employee shall be the four designated unit stewards and not more than two staff union representatives.
The answer of the Committee shall be put in writing within five working days after such meeting. The employee shall indicate to the Committee, in writing, whether the answer is accepted or rejected, within five working days.
(4) If the grievance is not settled by the procedure set forth in paragraph (c)(3) hereof, the union, within five working days of the date of the employer's answer in paragraph (c)(3) hereof, may make a request, in writing, to the Committee, for fact-finding in accordance with Chapter 274.
(d) No grievance shall be considered or processed unless it is filed within the time limits and in the manner prescribed in each step of the grievance procedure set forth in this section. If a grievance is not filed within the time limits or is improperly filed, the employer has no obligation to accept to process it and it shall not be reinstituted. If a grievance is not appealed within the time limits prescribed for appeal, it shall be deemed settled on the basis of the last answer of the employer, provided that the parties may agree to extend any time limit. If the employer fails to provide an answer within the time limits so provided, the employee may immediately appeal to the next step in the grievance procedure.
(e) Both the union and the employer have the right to call such witnesses as are necessary in the investigation of a grievance. The union shall submit a list of its witnesses, who are employees, not later than two working days prior to a grievance meeting. (Ord. 79-82. Passed 12-17-79.)