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HomeMy WebLinkAboutReso. 78-160 - Pertaining to Grievance Procedure for Employees of the City of Redding Who Are Not Covered by the Provisions of a Memorandum of Understanding i • RESOLUTION NO. 'rc/l(J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING PERTAINING TO GRIEVANCE PROCEDURE FOR EMPLOYEES OF THE CITY OF REDDING WHO ARE NOT COVERED BY THE 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. 75-49 , and WHEREAS , City Staff has recommended that the City Council approve certain changes in policies concerning grievance procedure for those employees not . covered by the provisions of a Memorandum of Understanding, and WHEREAS, the aforesaid recommendations are included in the attached "Exhibit A" entitled Grievance Procedure and incor- porated herein by reference, and WHEREAS, the City Council deems it to be 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 That Resolution No. 75-49 is hereby rescinded, effec- tive June 25 , 1978 , and shall be of no further force and effect from and including that date. • 2 . That the aforesaid "Exhibit A" is hereby approved and shall become effective on June 25 , 1978. 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 5th day of Sept. , 1978 , and was duly adopted at said meeting by the following vote: AYES: COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES : • COUNCILMEN : None ABSENT: COUNCILMEN: None ATTEST: 1 A = NALD M. DEMSHER Ij MILDRED L. BRAYTON, Ci'ty Clerk Mayor of the City of Redding FORM APPROVED: I `�a, ow `, Rescinded -by R-•81 125 tN \ EARL D. MURPHY, Ci Attorney -- - — 0 1 , • • • . GRIEVANCE 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 No. 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) weekdays. This step shall be started and completed 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) weekdays. The third step shall be taken within ten (10) sixty 4604 days of the date of the answer in Step Two aetien-eearplained-e€;-eF-the date-the-grievant-became-aware-e€-the-incident-which-is-the-basis-€er-the grievance. 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 repre- sentative, 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 ene hundred twenty (420) days of the date of the answer in Step Three aetien-eerxplained-e€;-ee-the-date-the-grievant-became-aware-e€-the incident-wbieh-is-the-basis-fee-the-grievance. 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 Arbi- tration Board , they shall request the State of California Federal-Mediatiem-and 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 , l ' • • 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 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 eAl.y-advisery-4n-nature-as-te-e4ther-the-64ty-er-the-aggw4eved ewp3eyee. 6. Failure by either party to meet any of the aforementioned time limits as set forth in Section 2, 3, 4, er 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. • • • CRReynolds/vkt September 5, 1978