Common use of Grievance/Complaint Policy Clause in Contracts

Grievance/Complaint Policy. A grievance is a complaint by one or more employees or by Local 1109 concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours, or working conditions. This grievance and complaint policy does not apply to suspensions, demotions, and removals, which are subject to the procedures outlined in the Santa Xxxxxx Municipal Code and which must be pursued by the aggrieved employee(s). A. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing on Form F-10, specifically citing the MOU, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance. B. If the grievance is not resolved by the end of the employee's third regularly scheduled shift following presentation to the immediate supervisor, the employee may, within five regularly scheduled shifts thereafter, appeal to the second level supervisor, if any, using Form F-10. C. If the grievance is not resolved by the end of the employee's third regularly scheduled shift following presentation to the second level supervisor, if any, the employee may within five regularly scheduled shifts thereafter, appeal to the Fire Chief using Form F-10. The Fire Chief shall meet with the employee and the employee's representative to attempt to resolve the grievance. D. If the grievance is not resolved by the end of the employee's tenth regularly scheduled shift following presentation to the Fire Chief, the employee may, within five regularly scheduled shifts thereafter, appeal to the Human Resources Director, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the employee's tenth regularly scheduled shift, after the filing of appeal with the Human Resources Director. E. For the purposes of this grievance procedure, "shift" means the regularly scheduled 24-hour work period for Fire Suppression personnel and the regularly scheduled work day for personnel not assigned to the 56-hour work week. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. F. A grievance shall be considered untimely if not presented by the employee or Local 1109 within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. G. Employees have the right to be represented in grievance matters in the following manner: (1) Employees have the right to represent themselves individually in grievance matters. (2) Employees may designate a member of the Department to represent them in grievance matters at steps one (Subsection A.) and two (Subsection B.) of the grievance process. (3) Employees may designate a departmental or legal representative to represent them in steps three (Subsection C.) and four (Subsection D.) of the grievance process. H. An employee who has initiated a grievance, or assisted another employee in initiating or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. I. Grievances initiated by Local 1109 shall be submitted directly to the Fire Chief within 30 calendar days following the incident giving rise to the grievance or within 30 calendar days from the date on which Local 1109 could reasonably have become aware of the incident. The Fire Chief shall respond to the grievance within ten work days. Upon receipt of the Fire Chief's response, Local 1109 can appeal to the Director of Human Resources. Within 15 work days of receipt of the grievance, the Director of Human Resources shall investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of ten work days following receipt of the Director of Human Resource’s recommendations. Work day as used in this provision is defined as the work day assigned to 40-hour per week personnel.

Appears in 4 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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Grievance/Complaint Policy. A grievance is a complaint by one or more employees covered by this MOU or by Local 1109 the Santa Xxxxxx Firefighters Association concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours, or hours and/or working conditions. This grievance and complaint policy does not apply to suspensions, demotions, and removals, removals which are subject to the procedures outlined in the Santa Xxxxxx Municipal Code and which must be pursued by the aggrieved employee(s). A. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing on Form F-10, specifically citing the MOU, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance. B. If the grievance is not resolved by the end of the employee's third (3rd) regularly scheduled shift following the shift on which presentation of the grievance to the immediate supervisorsupervisor occurred, the employee may, within five (5) regularly scheduled shifts thereafter, appeal to the second level supervisor, if any, using Form F-10. C. If the grievance is not resolved by the end of the employee's third (3rd) regularly scheduled shift following presentation to the second level supervisor, if any, the employee may within five (5) regularly scheduled shifts thereafter, appeal to the Fire Chief using Form F-10. The Fire Chief shall meet with the employee and the employee's representative to attempt to resolve the grievance. D. If the grievance is not resolved by the end of the employee's tenth (10th) regularly scheduled shift following presentation of the Form F-10 to the Fire Chief, the employee may, within five (5) regularly scheduled shifts thereafter, appeal to the Human Resources Director, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the employee's tenth (10th) regularly scheduled shift, after the filing of appeal with the Human Resources Director. E. For the purposes of this grievance procedure, "shift" means shall mean the regularly scheduled twenty-four (24-) hour work period for Fire Suppression personnel and the regularly scheduled work day for personnel not assigned to the fifty-six (56-) hour work week. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. F. A grievance shall be considered untimely if not presented by the employee or Local 1109 the Association within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. G. Employees shall have the right to be represented in grievance matters in the following manner: (1) Employees shall have the right to represent themselves individually in grievance matters. (2) Employees may designate a member of the Department to represent them in grievance matters at steps one (Subsection A.A) and two (Subsection B.B) of the grievance process. (3) Employees may designate a departmental or legal representative to represent them in steps three (Subsection C.C) and four (Subsection D.D) of the grievance processprocedure. H. An employee who has initiated a grievance, or assisted another employee in initiating or and/or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. I. Grievances initiated by Local 1109 shall be submitted directly to the Fire Chief within 30 thirty (30) calendar days following the incident giving rise to the grievance or within 30 thirty (30) calendar days from the date on which Local 1109 could reasonably have become aware of the said incident. The Fire Chief shall respond to the grievance within ten (10) work days. Upon receipt of the Fire Chief's response, Local 1109 can appeal to the Director of Human Resources. Within 15 fifteen (15) work days of receipt of the grievance, the Director of Human Resources shall investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of ten (10) work days following receipt of the Director of Human Resource’s recommendations. Work day as used in this provision is defined as the work day assigned to forty (40-) hour per week personnel.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Grievance/Complaint Policy. A grievance is a complaint by one or more employees or by Local 1109 concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours, or hours and/or working conditions. This grievance , provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and complaint policy does not apply to that appeals arising from suspensions, demotions, demotions and removals, which are removals shall be subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding performance evaluations shall be subject to the procedures contained in Section 6.04 of this Agreement. The City agrees that employees shall be afforded all due process rights provided in applicable law. FEMA agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and which must be pursued by the aggrieved employee(s)City Charter. A. Step 1. The aggrieved employee(s) shall request to meet with the immediate supervisor Fire Chief regarding the grievance, which must be stated in writing on Form F-10writing, specifically citing the MOUMOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance. B. If the grievance is not resolved by the end within 30 days of the employee's third regularly scheduled shift following presentation event giving rise to the immediate supervisor, the employee may, within five regularly scheduled shifts thereafter, appeal to the second level supervisor, if any, using Form F-10. C. If the grievance is not resolved by the end of the employee's third regularly scheduled shift following presentation to the second level supervisor, if any, the employee may within five regularly scheduled shifts thereafter, appeal to the Fire Chief using Form F-10. The Fire Chief shall meet with the employee and the employee's representative to attempt to resolve the grievance. D. Step 2. If the grievance is not resolved by the end of the employee's tenth regularly scheduled shift day following presentation of the grievance to the Fire Chief, the employee may, within five regularly scheduled shifts thereafterdays, appeal to the Director of Human Resources DirectorResources, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end 30 days following presentation of the employee's tenth regularly scheduled shift, after grievance by the filing Director of appeal with the Human Resources Director.Resources. It is mutually understood and agreed that: E. For the purposes of this grievance procedure, "shift" means the regularly scheduled 24-hour work period for Fire Suppression personnel and the regularly scheduled work day for personnel not assigned to the 56-hour work week. A. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. F. B. A grievance shall be considered untimely if not presented by the employee or Local 1109 FEMA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. G. C. Employees shall have the right to be represented in grievance matters in the following manner: (1) Employees shall have the right to represent themselves individually in grievance matters. (2) Employees may designate a member representative of the Department his or her choice to represent them in grievance matters at steps one (Subsection A.matters. 3) and two (Subsection B.) For the purposes of this Section, "days" means regularly scheduled work days of the grievance processemployees in the affected department or division. (34) Employees may designate Reasonable time off without loss of pay or benefits shall be given to a departmental grievant or legal FEMA grievance representative to represent them investigate or process grievances, and to witnesses in steps three (Subsection C.) any grievance hearing or meeting held during working hours. Before performing any grievance work, FEMA representatives, the grievant or witness shall obtain permission from the department director and four (Subsection D.) shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the department director determines that such interruption or absence will unduly interfere with the work of the grievance processemployee. However, if the department director denies such time off when requested, time off must be granted within 24 hours of such request. H. D. An employee who has initiated a grievance, or assisted another employee in initiating or and/or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. I. Grievances initiated by Local 1109 shall be submitted directly to the Fire Chief within 30 calendar days following the incident giving rise to the grievance or within 30 calendar days from the date on which Local 1109 could reasonably have become aware of the incident. The Fire Chief shall respond to the grievance within ten work days. Upon receipt of the Fire Chief's response, Local 1109 can appeal to the Director of Human Resources. Within 15 work days of receipt of the grievance, the Director of Human Resources shall investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of ten work days following receipt of the Director of Human Resource’s recommendations. Work day as used in this provision is defined as the work day assigned to 40-hour per week personnel.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievance/Complaint Policy. A grievance is a complaint by one or more employees or by Local 1109 concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's ’s wages, hours, or hours and/or working conditions. This grievance , provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and complaint policy does not apply to that appeals arising from suspensions, demotions, demotions and removals, which are removals shall be subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding performance evaluations shall be subject to the procedures contained in Section 6.04 of this Agreement. The City agrees that employees shall be afforded all due process rights provided in applicable law. FEMA agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and which must be pursued by the aggrieved employee(s)City Charter. A. Step 1. The aggrieved employee(s) shall request to meet with the immediate supervisor Fire Chief regarding the grievance, which must be stated in writing on Form F-10writing, specifically citing the MOUMOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within 30 days of the event giving rise to the grievance. B. Step 2. If the grievance is not resolved by the end of the employee's third regularly scheduled shift following presentation to the immediate supervisor, the employee may, within five regularly scheduled shifts thereafter, appeal to the second level supervisor, if any, using Form F-10. C. If the grievance is not resolved by the end of the employee's third regularly scheduled shift following presentation to the second level supervisor, if any, the employee may within five regularly scheduled shifts thereafter, appeal to the Fire Chief using Form F-10. The Fire Chief shall meet with the employee and the employee's representative to attempt to resolve the grievance. D. If the grievance is not resolved by the end of the employee's ’s tenth regularly scheduled shift day following presentation of the grievance to the Fire Chief, the employee may, within five regularly scheduled shifts thereafterdays, appeal to the Director of Human Resources DirectorResources, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end 30 days following presentation of the employee's tenth regularly scheduled shift, after grievance by the filing Director of appeal with the Human Resources Director.Resources. It is mutually understood and agreed that: E. For the purposes of this grievance procedure, "shift" means the regularly scheduled 24-hour work period for Fire Suppression personnel and the regularly scheduled work day for personnel not assigned to the 56-hour work week. A. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. F. B. A grievance shall be considered untimely if not presented by the employee or Local 1109 FEMA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. G. C. Employees shall have the right to be represented in grievance matters in the following manner: (1) Employees shall have the right to represent themselves individually in grievance matters. (2) Employees may designate a member representative of the Department his or her choice to represent them in grievance matters at steps one (Subsection A.matters. 3) and two (Subsection B.) For the purposes of this Section, “days” means regularly scheduled work days of the grievance processemployees in the affected department or division. (34) Employees may designate Reasonable time off without loss of pay or benefits shall be given to a departmental grievant or legal FEMA grievance representative to represent them investigate or process grievances, and to witnesses in steps three (Subsection C.) any grievance hearing or meeting held during working hours. Before performing any grievance work, FEMA representatives, the grievant or witness shall obtain permission from the department director and four (Subsection D.) shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the department director determines that such interruption or absence will unduly interfere with the work of the grievance processemployee. However, if the department director denies such time off when requested, time off must be granted within 24 hours of such request. H. D. An employee who has initiated a grievance, or assisted another employee in initiating or and/or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. I. Grievances initiated by Local 1109 shall be submitted directly to the Fire Chief within 30 calendar days following the incident giving rise to the grievance or within 30 calendar days from the date on which Local 1109 could reasonably have become aware of the incident. The Fire Chief shall respond to the grievance within ten work days. Upon receipt of the Fire Chief's response, Local 1109 can appeal to the Director of Human Resources. Within 15 work days of receipt of the grievance, the Director of Human Resources shall investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of ten work days following receipt of the Director of Human Resource’s recommendations. Work day as used in this provision is defined as the work day assigned to 40-hour per week personnel.

Appears in 1 contract

Samples: Memorandum of Understanding

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Grievance/Complaint Policy. A grievance is a complaint by one or more employees or by Local 1109 concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours, or hours and/or working conditions. This grievance , provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and complaint policy does not apply to that appeals arising from suspensions, demotions, demotions and removals, which are removals shall be subject to the procedures outlined in the Santa Xxxxxx Municipal Code, and that complaints regarding performance evaluations shall be subject to the procedures contained in Section 6.04 of this Agreement. The City agrees that employees shall be afforded all due process rights provided in applicable law. FEMA agrees that the rights of probationary employees are limited to those provided under the Santa Xxxxxx Municipal Code and which must be pursued by the aggrieved employee(s)City Charter. A. Step 1. The aggrieved employee(s) shall request to meet with the immediate supervisor Fire Chief regarding the grievance, which must be stated in writing on Form F-10writing, specifically citing the MOUMOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance. B. If the grievance is not resolved by the end within 30 days of the employee's third regularly scheduled shift following presentation event giving rise to the immediate supervisor, the employee may, within five regularly scheduled shifts thereafter, appeal to the second level supervisor, if any, using Form F-10. C. If the grievance is not resolved by the end of the employee's third regularly scheduled shift following presentation to the second level supervisor, if any, the employee may within five regularly scheduled shifts thereafter, appeal to the Fire Chief using Form F-10. The Fire Chief shall meet with the employee and the employee's representative to attempt to resolve the grievance. D. Step 2. If the grievance is not resolved by the end of the employee's tenth regularly scheduled shift day following presentation of the grievance to the Fire Chief, the employee may, within five regularly scheduled shifts thereafterdays, appeal to the Director of Human Resources DirectorResources, who will investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end 30 days following presentation of the employee's tenth regularly scheduled shift, after grievance by the filing Director of appeal with the Human Resources Director.Resources. It is mutually understood and agreed that: E. For the purposes of this grievance procedure, "shift" means the regularly scheduled 24-hour work period for Fire Suppression personnel and the regularly scheduled work day for personnel not assigned to the 56-hour work week. A. All time periods in this section Section may be extended by mutual consent of the employee and the management representative involved. F. B. A grievance shall be considered untimely if not presented by the employee or Local 1109 FEMA within 30 days of the incident giving rise to the grievance or within 30 days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. G. C. Employees shall have the right to be represented in grievance matters in the following manner: (1) Employees shall have the right to represent themselves individually in grievance matters. (2) Employees may designate a member representative of the Department his or her choice to represent them in grievance matters at steps one (Subsection A.matters. 3) and two (Subsection B.) For the purposes of this Section, "days" means regularly scheduled work days of the grievance processemployees in the affected department or division. (34) Employees may designate Reasonable time off without loss of pay or benefits shall be given to a departmental grievant or legal FEMA grievance representative to represent them investigate or process grievances, and to witnesses in steps three (Subsection C.) any grievance hearing or meeting held during working hours. Before performing any grievance work, FEMA representatives, the grievant or witness shall obtain permission from the department director and four (Subsection D.) shall report back to work when the grievance work is completed. Neither the grievant nor representative nor witness shall interrupt or leave work if the department director determines that such interruption or absence will unduly interfere with the work of the grievance processemployee. However, if the department director denies such time off when requested, time off must be granted within 24 hours of such request. H. D. An employee who has initiated a grievance, or assisted another employee in initiating or and/or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. I. Grievances initiated by Local 1109 shall be submitted directly to the Fire Chief within 30 calendar days following the incident giving rise to the grievance or within 30 calendar days from the date on which Local 1109 could reasonably have become aware of the incident. The Fire Chief shall respond to the grievance within ten work days. Upon receipt of the Fire Chief's response, Local 1109 can appeal to the Director of Human Resources. Within 15 work days of receipt of the grievance, the Director of Human Resources shall investigate the grievance and make recommendations to the City Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of ten work days following receipt of the Director of Human Resource’s recommendations. Work day as used in this provision is defined as the work day assigned to 40-hour per week personnel.

Appears in 1 contract

Samples: Memorandum of Understanding

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