Loading...
HomeMy WebLinkAboutReso. 1984 - 172 - Pertaining to the grievance procedure for employees not covered by the provisions of a memorandum of understanding • • RESOLUTION NO. Fj07,1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING PERTAINING TO THE GRIEVANCE PROCEDURE FOR EMPLOYEES NOT COVERED BY THE PROVISIONS OF A MEMORANDUM OF UNDERSTANDING. WHEREAS, the grievance procedure for employees not covered by the provisions of a Memorandum of Understanding is presently provided in Resolution No. 81-125; and WHEREAS , staff has recommended certain changes in the grievance procedure for said employees, as included in the co attached Exhibit "A" , incorporated herein by reference; and ;' 6 WHEREAS, the City Council deems it to be in the best inter- o "' ests of the City of Redding to adopt such recommendations; ksp OD NOW, THEREFORE, BE IT RESOLVED by the City Council of the n. City of Redding as follows: co 1 . Resolution No. 81-125 is hereby rescinded, effective d1 July 15 , 1984 , and shall be of no further force and effect. c 2. The aforesaid Exhibit "A" is hereby approved and shall become effective July 15 , 1984 . I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 20th day of August , 1984 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None • • 4 w2.,-zegN4, ei tj OWARD D. KIRKPAT ICK, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM A ROVED: 'de,c,65" e7 61" /01,;___, . RAN ALL A. HAYS, Cit >/Attorney -2- . . • . • GRIEVANCE PROCEDURE Any grievance which may arise between a regular employee or his representative and the City with respect to the interpretation or application of any of the terms and conditions of employment, and with respect to such matters as the alleged discriminatory or arbitrary discharge , demotion or discipline of an individual employee, shall be determined by the provisions of this procedure, except that such matters which are included in the definition of impasse as set forth in Resolution No. 4217 are not a grievance. Step 1 The initial step in the adjustment of a grievance shall be a discussion between the employee or his representative and the immediate Supervisor directly involved, Division Head or Depart- ment Head as applicable , who will answer within ten (10) days . This step shall be started within thirty (30) days of the date of the action complained of or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the employee. Step 2 If a grievance is not resolved in the initial step, the second step shall be a discussion between either the employee or his representative and the Director of Personnel Services who shall answer within ten (10) days. This step shall be taken within ten (10) days of the date of the Department Head ' s answer in Step 1 . Step 3 If a grievance is not resolved in the second step of this proce- dure , the third step shall be the presentation of the grievance , in writing, by the employee or his representative, to the City • Manager who shall answer, in writing, within ten (10) days. The third step shall be taken within ten (10) days of the date of the answer in Step 2 . Step 4 • (a) If a grievance is not resolved in the third step of this procedure , the fourth step shall be referral by either the City or the employee or his representative to arbitration, or the employee may elect, at his or her option, to appeal to the City Council in private or public personnel session pursuant to the authority contained in the Redding Municipal Code. The fourth step shall be taken within twenty (20) days of the date of the answer in Step 3 . 110 4110 (b) An Arbitration Board shall be appointed on each occasion that a grievance is submitted to arbitration. The Arbi- tration Board shall be composed of one (1) member appointed by the City, one (1) member appointed by the employee or his representative, and one (1) member chosen by mutual agree- ment of the City and the employee or his representative. Such third member shall act as Chairman of the Arbitration Board. In the event that City and the employee or his representative are unable to agree on the selection of a Chairman of the Arbitration Board, they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons for Chairman. The City and the employee or his representative each will alternately chal- lenge two (2) of such nominees , the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as Chairman of the Arbitration Board and his compensation and expenses shall be borne equally by the City and the employee. The City and the employee shall pay the compensation and expenses of their respective appointees and witnesses. At the employee ' s or his representative ' s request, the City shall release employees from duty to participate in arbitration proceedings. (c) The Arbitration Board shall hold such hearings and shall consider such evidence as to it appears necessary and proper. The majority decision of the Arbitration Board shall be final and binding on City and the aggrieved employ- ee and his representative, provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies, resolutions or ordinances. Failure by the employee to meet any of the aforementioned time limits as set forth in Steps 1 , 2 , 3 and 4 (a) will result in forfeiture; except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of City policies, resolutions or ordinances, nor shall such settle- ments be cited by either party as evidence in the settlement of subsequent grievances . -2-