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HomeMy WebLinkAboutResolution 09-1993 � _ . �- . RESOLUTION H0. 09-93 AMENDIHG PERSOHHEL POLICY WHEREAS a comprehensive pereonnel policy governing the managerial organizational and operational affairs of the City of Brookings employees has been adopted by the Brookings City Commission. WHEREAS the commission finds that amendments to certain policies as set forth in said statement should be made. HOW, THEREFORE, BE IT RESOLVED by the Brookinge City Commission that the personnel policy be amended as follors: Article XII Grievance Procedures A grievance is a dispute between the employee(s) and the City and involves the interpretation of the Labor Contract, policies, ordinances and changes in working conditions. For that reason, it is vitally important that the situations and settlement of all grievances be recorded and communicated to the interested parties (City Commiseionere, Department Heads and Managers and the Union). Depending upon the nature, complication or severity of a grievance, as many as four separate reports may be needed. When a grievance is settled at the firet level--between the employee and hie/her supervisor--the settlement can be communicated verbally and no written reports are needed. However, if it is not resolved at the first level, the Union and in some instances the State Department of Labor Mill become involved. These are technically formal grievances and all reporting should be in written form and the final settlement should become part of the City's central personnel system as well as departmental personnel records. In Some instances the Labor Contract itself will be modified. The First Reaort To advance a grievance to the formal stages, the employee(s) must "move" it by reducing it to rriting and submitting it to the Department Head and Union within 10 calendar days. The Department Hesd then has 10 working days to meet r►ith the grievant(s) and the Union. To fulfill the time frame and provide the needed reporting, the following steps are essential. 1. Immediately upon receiving the written grievance, the Department Head shall notify the Labor Consultant. A meeting betMeen the Labor Consultant and the Department Hesd will be held ae soon as possible for purposes of discussing the nature of the grievance and determining the City's best position. 2. If there are any apparent legal questions, the Labor Consultant will immediately contact the City Attorney for advice. 3. The Labor Consultant will then prepare a memorandum to the Mayor/City Commissioners with copies to the Department Head(s>, . including the City Attorney. The memorandum will include the folloaing information: (a) . Date of the grievance. (b). The Department(s) involved. (c) . The grievant(s) name(s) and claseification(s>. (d) . A brief deecription of the grievance. � te) . The date, or proposed date of the grievance hesring. (f) . Information needed to present the City's case. (g). Who should attend the hearing in behalf of the City. (h) . Any additional information pertinent to the case. Hote: A copy of the actual Mritten grievance shall be attached to the memorandum. The Second 8evort Fo1loNing the grievance hearing, the Labor Consultant rill prepare a follor-up memorandum to the interested parties. This memorandum pill include the follor►ing information: 1. The date of the first report. 2. The date and time of the hearing. 3. The persons attending the hearing. 4. The settlement or the recommended settlement. 5. The recommended action, if the grievance is still not resolved. Hote: If the grievance is settled, there will be no need for additional reporting. The Third Revort If the grievance is not resolved at the aecond level, the Union/employee(s) may appesl it to the Department of Labor. This ie an employee(s)/Union decision. The City does not act until notified and the employee(s)/Union have 30 days within Nhich to initiate the appeal. Upon receiving notice of the appeal, the Labor Consultant Mill immediately notify the Mayor/City Commissioners, Department Head(s) and City Attorney by memorandum. It is likely that the Department of Labor will take time to set the time and place for the appesl hearing. Therefore, the third report will probably be limited to the notice. When the Department of Labor notifies the Labor Consultant of the time and place of the appeal, the Labor Consultant Nill notify the Mayor/City Commissioners, Department Head(s) and City Attorney � telephone to that effect. It is likely that an Executive Session Nill be needed to determine the City's proper course of action. Rote: In an appeal before the Department of Labor, participation by both the Labor Consultant and the City Attorney will be necessary for the proper presentation of the City's aase. The Fourth Report Following the conclusion of the appeal hearing, the Labor Consultant, in con�unction with the City Attorney, will report the decision of the Department of Labor. If the decision is in favor of the City, the process ends, unless appealed to the courts by the Union/employee(s). If the decision is in favor of the employee(s)/Union, the City will then determine the appropriate action. The Labor Consultant, in con�unction with the City Attorney, vill recommend such action in this fourth report. Summarv and Conclusions Many, if nat mc,st g-t•ievar,�es �€,r, �,e eith�r• evaided or settled at the first t ir,fr�r•ma1) �tac��. 'i''r,e Lammittee for Union-Management Co-Operetian tse� Labar Cantrect) cen �e used effectively to avoid grievances and other confrontations and disputes. Department Heads should notify the Lebor Cansultent if they heve any indication that conditions are reaching the dispute level. The City can then be the moving party in aonvening a Committee meeting. Obviously, grievancea fall under the category of confidentisl labor relations. Releasing information relative to a grievance to the medie, prior to a settlement, Mill likely bring charges of unfair labor practice. Moreover, discussing the issue "on the etreet" Mill only serve to complicete the case end place the City in �eopardy. Timing in a grievance hearing is of critical importance. In most instances, a settlement should not be delayed--if it is in the interest of the City to settle without waiting for Commission formal approval. Delay will only serve needless "debate" and controversy. Obviously if there are any funds involved, or if the issue has far-reaching effects, the Labor consultant Mill condition the settlement on "ratification" by the Commission. Much has already been said about the danger of unilateral action. The very nature and intent of collective bargaining forbids the employer from changing Mages, hours and terms and conditions of employment without first negotiating those changes. pF gR�� d and approved this 2nd day of F'ebruary, 1993. �.,�c,��Q�Rql�,o �y► G) ��.�4� � � � �� � , Qe C-t,� � ���'� Ma or C Finance Officer