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HomeMy WebLinkAboutReso. 1981 - 125 - Pertaining to grievance procedure for employees not covered by provisions of a memorandum of understandingI� 5243'1 RESOLUTION NO. / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING PERTAINING TO GRIEVANCE PROCEDURE FOR E14PLOYEES NOT COVERED BY PROVISIONS OF A MEMORANDUM OF UNDERSTANDING. WHEREAS, grievance procedure for employees not covered by the provisions of a Memorandum of Understanding is presently provided in Resolution No. 78-160, and WHEREAS, City staff has recommended certain changes in grievancelprocedure for employees not covered by the provisions of a Memorandum of Understanding, as included in the attached "Exhibit A" entitled "Grievance Procedure", incorporated herein by reference, and WHEREAS, the City Council deems it in the best interests of the City of Redding to adopt such recommendations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows: 1. That Resolution No. 78-160 is hereby rescinded, effect- ive July 5, 1981, and of no further force and effect from and includ- ing that date. ;2. That the aforesaid "Exhibit A" is hereby approved and shall become effective on July 5, 1981. 5. I•HEREBY CERTIFY that.the foregoing Resolution was intro- i duced and read at an adjourned.regulat meeting of the City Council of the City of Redding on the 29th- day of June 1981, and was duly adopted at said meeting by the following vote: AYES • COUNCILMEN: Demsher, Fulton, Gard, Kirkpatrick, and Pugh NOES: COUNCILTIEN : None ABSENT: COUNCILMEN : None ATTEST:" -C G'Mayor o�e City of Redding ETHEL A. 'RICHTER, City Clerk FORM APPROVED: r Rescinded by 84-172 A. RAq'DALL HAYS, Cit Attorney 812 084 GRIEVAICE PROCEDURE 1. Any grievance, which may arise between an employee or his.represen- tative, 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 as are included in the definition of impasse as set forth in Resolution Pio. 4217 are not a grievance. 2. Step One: 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 Department 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. 3. Step Two: If a grievance is not resolved in the initial step, the second step shall be a discussion between either the employee or his represen- tative and the Director of Personnel and Labor Relations 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 One. 4. Step Three: If a grievance is not resolved in the second step, 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 Two. 5(a) Step Four: If a grievance is not resolved in the third step, 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 City Code. The fourth step shall be taken within twenty (20) days of the date of the answer in Step Three. 5(b) An Arbitration Board shall be appointed on each occasion that a grievance is submitted to arbitration. The Arbitration Board shall be composed of one (1) member appointed by the City, one (1) member appointed by the employee or his representative, and a third member chosen by mutual agreement of the City and the employee or his representative. Such third member shall act as Chairman of the Arbitration Board. In the event that the 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 Conciliation Service to nominate five (5) persons for Chairman. The City and the employee or his representative each will alternately challenge 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 a,.d witnesses. At employee's or his representative's request the City shall release employees from duty to participate in arbitration proceedings. 5(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 employee 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. 6. Failure by either party to meet any of the aforementioned time limits as set forth in Section 2, 3, 4, 5(a) or 5(c) will result in forfeiture by the failing party. 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 settlements be cited by either party as evidence in the settlement of subsequent grievances. CRR:bjh June 15, 1981 -2-