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
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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.
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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
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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
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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.
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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,
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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
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