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HomeMy WebLinkAboutReso 1971-6297RESOLUTION NO. 6297 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CITY EMPLOYEE GRIEVANCE PROCEDURE The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain City employee grievance procedure attached hereto and marked as Exhibit "A" and incor- porated herein by reference as if set forth in full be, and the same is hereby approved. Presented by Approved as to form by om McCabe, Director of George D^. ' indberg, City Attorn~%~ Personnel ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 21 day of December , lg 71, by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES: Councilmen None ABSENT: Councilmen None ATTE; STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ss. City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk s 'December 1971 CITY OF CHULA VISTA PROPOSED GRIEVANCE PROCEDURE Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (1) Assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (2) Encourage the settlement of disagreements informally at the employee- supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar complaints. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his authorized representative. (2) Department: An office, department or institution of the City of Chula Vista. (3) Department head or head of a department: The chief executive officer of a department. (4) Director of Personnel: The Director of Personnel or his authorized representative. (5) Employee: Any officer or employee of the City, except an elected official. (6) Employee representative: An individual who appears on behalf of the employee . (7) Grievance: A complaint of an employee or a group of employees arising out of the application or interpretation of existing rules, regulations, or policies which come under the control of a department head. (8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports, Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure this grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other aspects of employer-employee relationship over which the head of the department has control. (c) Arise out of a specific situation, act or acts complained of as being unfair which result in inequity or damage to the employee. (d) Specify the relief sought which relief must be within the power of the head of the department to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section VI of the Employer-Employee Relations Policy for the City of Chula Vista. ' (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of civil service examinations. 4. Appeals from work performance evaluations. (c) Would require the modification of a policy established by the City Council or by law. (d) Relates to the City's group insurance or retirement programs. Section 4. SPECIAL PROVISIONS OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his or their consent. (2) Procedure for Presentation. In presenting his grievance, the employee shall follow the sequence and the procedure outlined in Section 5. (3) Prompt Presentation. The employee shall discuss his grievance with his immediate supervisor promptly after the act or omission of management causing the grievance. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. Supervisors shall maintain an adequate supply of such forms. (5) Statement of Grievance. The grievance shall contain a statement of (a) The specific situation, act or acts complained of as unfair; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him at any step after the first step in the procedure, i.e., at any step after formal discussion with his immediate supervisor. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall whenever possible be handled as a single grievance. (10) .Settlement. Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his grievance without fear of disciplinary action or reprisal by his supervisor, superior or department head, provided he observes the provisions of this grievance procedure. .-~ ~~ ~~ c> ~ Section 5. GRIEVANCE PROCEDURE STEPS, The following procedure shall be followed by an employee subrnitting a grievance pursuant to policy: (1) Discussion with Supervisor, The employee shall discuss his grievance with his immediate supervisor informally. Within five (5) working days, the supervisor shall give his decision to the employee orally, (2) Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the two working days' limit, the employee may within five (5) working days present his grievance in writing to his supervisor who shall endorse his comments thereon and present it to his superior within five (5) working days, The superior shall hear the grievance and give his written decision to the employee within five (5) working days after receiving the grievance. (3) Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the five working days' limit, the employee may within five (5) working days present his grievance in writing to his department head. The department head shall hear the grievance and give his written decision to the employee within five (5) working days after receiving the grievance. (4) Grievance to Director and Manager. If the employee and department head cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within five (5) working days' limit, the employee may within five (5) working days present his grievance in writing to the Director of Personnel and the City Manager. The Director of Personnel and/or the City Manager shall within 10 working days after receipt of the grievance hear the grievance and render a written decision. (5) Grievance to City Council. If the employed is not satisfied with the decision of the Director of Personnel and/or the City Manager, he may within 10 working days appeal in writing to the City Council. Said Council sha11 within 30 days after receipt of the appeal either (1) hoar the appeal and render a decision or, {2) refer it to the Chula Vista City Civil Service Commission to hear the appeal and render a final decision within such 30 day period. Section 6. DEPARTMENTS TO WHICH PROCEDURE IS APPLICABLE. This grievance procedure is applicable to each City department. ~~ i ~~` ~