Loading...
HomeMy WebLinkAboutReso - CC - 012-1973RESOLUTION NO. 12 -73 ADOPTING GRIEVANCE PROCEDURES OUTLINE OF CONTENTS Page SECTION 1. TITLE OF RESOLUTION 1 SECTION 2. APPLICATION OF GRIEVANCE PROCEDURE 1 SECTION 3. DEFINITIONS 2 SECTION 4. OBJECTIVES 2 SECTION 5. FORMAL GRIEVANCE PROCEDURE 3 SECTION 6. CONSTRUCTION 5 SECTION 7. SEPARABILITY 5 RESOLUTION NO. 12-73 ADOPTING GRIEVANCE PROCEDURES WHEREAS Resolution No. 33-70, entitled "A Resolution of the City Council of the City of Burlingame Providing for Employer -Employee Relations" was adopted on April 20, 1970, in implementation of the Meyers-Milias-Brown Act; and WHEREAS, Section 14 of said Resolution No. 33-70 provides for the processing of grievances in accordance with procedures to be established; and WHEREAS, Government Code S3507 provides, in part, for the adoption of rules and regulations, including additional procedures for the resolution of disputes involving wages, hours and other terms and conditions of employment, after consultation in good faith with representatives of an employee organization or organizations; and WHEREAS, the Municipal Employee Relations Officer has consulted in good faith with the representatives of all recognized employee organizations of the City of Burlingame with respect to the grievance procedures adopted by this resolution; and WHEREAS, each of the recognized employee organizations have concurred in the adoption of said grievance procedures through their authorized representatives. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF Burlingame DOES HEREBY RESOLVE AS FOLLOWS: Section 1. TITLE OF RESOLUTION This resolution shall be known as the Employee Grievance Procedure Resolution of the City of Burlingame. Section 2. APPLICATION OF GRIEVANCE PROCEDURE. This procedure is intended to provide a fair and orderly procedure for recognition and review of employee grievances. -1- Nothing herein shall apply to employee disciplinary matters which shall continue to be processed under the provisions of the Civil Service Rules and Regulations, excepting Rule IX Section 1 shall additionally be subject to this Employee Grievance Procedure. The following procedure shall apply to employee complaints relating to working conditions, hours and employee relationships beyond his control including employment situations in which the employee believes an injustice has been done because of lack of depart- mental policy, or a departmental policy that is unfair or because of the deviation from or misinterpretation of a policy. It is intended that all opportunities for resolving such problems at the departmental level be utilized before further appeal is made. Section 3. DEFINITIONS. The following terms as used in this section shall have the meaning hereinafter set forth: (a) EMPLOYEE. Any employee in the classified or unclassified service of the City of Burlingame regardless of status. (b) IMMEDIATE SUPERVISOR. The person who assigns, reviews or directs the work of an employee. (c) REPRESENTATIVE. A person who appears on behalf of the employee. (d) DEPARTMENT HEAD. The officer or employee having charge of the administration of a function of the City of Burlingame government. (e) CITY MANAGER. The administrative head of the city govern- ment who directs all heads of departments, subordinate officers and employees of the city except those elected. Section 4. OBJECTIVES The employee grievance procedure is established to accomplish the following objectives: (a) To settle the disagreement at the employee -supervisor -2- level informally, if possible; (b) To provide an orderly procedure to handle the grievance, through each level of supervision if necessary with final decision vested in the ad hoc board of review; (c) To resolve the grievance as quickly as possible; (d) To correct, if possible, the cause of the grievance to prevent future similar complaints; (e) To provide for the development of a two-way system of communication by making it possible for all levels of supervision to hear such problems, complaints and questions raised by employees; (f) To reduce the number of grievances by allowing them to be expressed, and thereby adjusted and eliminated; (g) To promote harmonious relations generally among employees, their supervisors and the departmental administrative staffs; (h) To assure fair and equitable treatment of all employees. Section 5. FORMAL GRIEVANCE PROCEDURE. (a) The formal Grievance Procedure shall be initiated by the employee stating the nature of his grievance and his desired solution in writing on the Grievance Form available in each department for this purpose. The employee may have a representa- tive at all steps of the procedure either from an employee organi- zation or any other person of his choice. The original and two copies of the Grievance Form shall be completed and the original delivered to the immediate supervisor and a copy to the department head within ten working days after the immediate supervisor's decision or non -response following the informal grievance dis- cussion. An answer in writing shall be made to the 'employee by his immediate supervisor within ten working days of the receipt of the completed formal Grievance Form, unless the time limit is extended by mutual agreement. If, upon receipt of the written decision, the employee takes no further action within ten working -3- days, the grievance shall be assumed to have been settled. (b) If the employee feels that the immediate supervisor has not resolved his problem, he may appeal in writing on the original Grievance Form to the department head. The department head shall confer in an attempt to dispose of the grievance. An answer and decision shall be made in writing on the original copy of the Grievance Form to the employee from the department head. The same time limitations as prescribed in Step (a) shall prevail. (c) If the employee feels that the department head has not re- solved his problem, he may appeal in writing on the original Grievance Form to the City Manager who shall have ten working days in which to resolve the grievance and to prepare a written reply to the employee on the original Grievance Form. (d) If the matter has not been satisfactorily resolved at Step (c) the employee may request that this grievance be sub- mitted to a three member ad hoc board of review. After such referral, the board of review shall acquire such facts, take such testimony and interview such witnesses as deemed necessary by its members and shall present its conclusions and recommenda- tions in written form to the employee, the department head and the City Manager. An employee's request for referral to such a review board shall be filed in writing with the City Manager within ten working days after his receipt of the reply under Step (c). The three members of the ad hoc board of review shall be selected as follows: The City Manager shall select one member, the employee shall select one member and the two members thus chosen shall select a third impartial member from the Civil Service Commission. The ad hoc board of review shall, within a reasonable time, render a decision which shall be conclusive, final and binding upon the parties involved. we Section 6. CONSTRUCTION (a) Nothing in this Resolution shall be construed to deny any person or employee the rights granted by Federal and State laws. (b) The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Resolution. (c) The provisions of the Resolution are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) as amended in 1971. Section 7. SEPARABILITY If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. All, MAYO10 I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 5th day of February, 1973, and adopted thereafter by the following vote: AYES: Councilmen: Ams trup-Cro sby-Cus ick-Mangini -Martin NOES: Councilmen: None ABSENT: Councilmen: None Herbert K. W �� City Clerk -5-