CONTRACT GRIEVANCE PROCEDURE. A. A grievance shall be considered as any matter for which appeal is not provided, or is prohibited, in the City of Fortuna Personnel Rules and Regulations, the Fortuna Municipal Code, or in this MOU concerning: 1. A claimed violation or non-compliance with the provisions of this MOU. 2. A dispute about the interpretation or application of any City ordinance, rule or regulation governing personnel practices or working conditions. 3. A dispute about the practical consequences of a City decision on hours and other terms and conditions of employment. B. The following matters are specifically excluded from the grievance procedure: 1. All disciplinary actions (Refer to Rule XV Disciplinary Rules and Processes) 2. The content of performance evaluations 3. Layoff 4. Transfer 5. Denial of reinstatement 6. Denial of a pay increase. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation 7. Challenges to a reclassification, examination or appointment to position 8. Management of the City generally, or issues of City or department policy 9. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs 10. Methods of financing 11. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force 12. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions 13. Determination of work assignments and schedules 14. Determination of productivity or performance programs and standards 15. Determination of standards, policies, and procedures for selection, training, and promotion of employees and 16. Establishment, implementation, and modification of department organizations, supervisory assignments, chains of command, and reporting responsibilities.
Appears in 1 contract
Sources: Memorandum of Understanding
CONTRACT GRIEVANCE PROCEDURE. A. A grievance shall be considered as any matter for which appeal is not provided, or is prohibited, in the City of Fortuna Personnel Rules and Regulations, the Fortuna Municipal Code, or in this MOU concerning:
1. A claimed violation or non-compliance with the provisions of this MOU.
2. A dispute about the interpretation or application of any City ordinance, rule or regulation governing personnel practices or working conditions.
3. A dispute about the practical consequences of a City decision on hours and other terms and conditions of employment.
B. The following matters are specifically excluded from the grievance procedure:
1. All disciplinary actions (Refer to Rule XV Disciplinary Rules and Processes)
2. The content of performance evaluations
3. Layoff
4. Transfer
5. Denial of reinstatement
6. Denial of a pay increase. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation
7. Challenges to a reclassification, examination or appointment to position
8. Management of the City generally, or issues of City or department policy
9. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs
10. Methods of financing
11. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force
12. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions
13. Determination of work assignments and schedules
14. Determination of productivity or performance programs and standards
15. Determination of standards, policies, and procedures for selection, training, and promotion of employees and 16. Establishment, implementation, and modification of department organizations, supervisory assignments, chains of command, and reporting responsibilities.
C. The following are the steps to be taken by any employee who has a grievance. It should be noted that any employee who has a problem or a complaint should try to resolve the problem at the lowest level of management. This should begin through discussion with the employee's immediate supervisor.
(a) The employee shall explain the situation to the immediate supervisor who shall either alone or together with his or her supervisors reach a decision and communicate it to the employee in writing within ten (10) working days after receipt of the grievance. Such discussion shall be initiated within ten (10) working days of the incident complained of, or within ten (10) working days from the date the employee should have reasonably become aware of the incident, or the grievance is deemed to have been waived.
(a) If the grievance is not settled at the first step, or if the grievance directly concerns the employee’s immediate supervisor, the employee may submit to the department head the grievance in writing within ten (10) working days of the written response, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.
(b) The department head shall notify the employee in writing of his or her decision within ten (10) working days after receipt of the notice or grievance.
(a) If the grievance is not settled at the second step, the employee may within ten (10) working days of the written response submit the grievance in writing to the City Manager, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.
(b) The City Manager shall notify the employee, the Department Head, and the employee's immediate supervisor in writing of his/her decision within ten (10) working days after receipt of notice of grievance. The City Manager’s decision is final and binding.
D. Failure of the employee to follow the procedure or time frames provided in the Grievance Procedure shall constitute grounds for dismissing the grievance.
Appears in 1 contract
Sources: Memorandum of Understanding