Common use of CIVIL SERVICE TESTING Clause in Contracts

CIVIL SERVICE TESTING. The Labor Agreement reserves the City’s right to establish entrance and promotional examination requirements. The Union has no standing to file a Civil Service appeal on behalf of individual members regarding testing. Members are responsible for initiating appeals to the Director of the Bureau of Human Resources, although the Union may assist a member preparing an appeal. The window for an appeal is 10 working days from posting of exam results. By the time a member receives the exam score, the exam results may have been posted for several days. DISCRIMINATION: The Labor Agreement covers discrimination against an employee only as it pertains to the application of terms of the Agreement. For example, discrimination against a member in application of seniority for layoff purposes is a grievable complaint because seniority is a matter addressed in the Agreement. Discrimination in testing and hiring of employees is not a grievable complaint because the Agreement reserves these decisions to the City. The remedy for non- grievable discrimination is the responsibility of the member in seeking redress under state and federal laws against discrimination. FAIR LABOR STANDARDS ACT (FLSA) CRITERIA FOR VOLUNTEERS A “volunteer” is an individual who performs hours of service for a public agency for civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered and only where their services are offered freely and without pressure or coercion, direct or implied, from an employer. Employees may volunteer hours of service to their public employer or agency provided such services are not the same type (i.e. similar or identical) of services which the individual is employed to perform for the public employer. If an employee wishes to volunteer time to the employer, the volunteer duties may not be the same type of duties as are performed in the course of regular employment, and the work must be performed outside of the employee’s normal work hours.