MATTERS NOT GRIEVABLE OR ARBITRABLE Sample Clauses
The "Matters Not Grievable or Arbitrable" clause defines specific issues or disputes that cannot be challenged through the grievance or arbitration procedures outlined in an agreement. Typically, this clause lists topics such as management rights, certain disciplinary actions, or policy decisions that are excluded from formal dispute resolution processes. By clearly identifying which matters are off-limits for grievances or arbitration, the clause helps prevent unnecessary disputes and ensures that only eligible issues are brought forward, thereby streamlining conflict resolution and protecting management prerogatives.
MATTERS NOT GRIEVABLE OR ARBITRABLE. A. Matters which are not subject to this grievance procedure or to arbitration, include the following:
1. An impasse in meeting and conferring.
2. Transfers, assignments, promotions and promotional examinations, probationary terminations, and Employee Comment Sheets (comment cards). These matters are not grievable or arbitrable whether or not said matters involve discipline.
3. Any other matter involving discipline.
4. A determination of the fitness of an employee to carry a concealable firearm on or off duty.
5. Failure to pass probation.
6. Denial of a Permit for Outside Employment.
B. These matters are to be dealt with solely by the following procedures:
1. Discipline for permanent employees who have successfully completed their probationary period shall be through Charter Section 1070.
2. Transfer, assignment and promotion appeals by an administrative appeal.
3. Promotional examinations by appeal to the Civil Service Commission.
4. The fitness of an employee to carry a firearm may be appealed to the Chief of Police. If not satisfied at the Chief of Police level, an appeal may be made to the Police Commission, which is the final level of administrative appeal. An appeal pursuant to this provision shall be filed on an Administrative Appeal, Form 1.84. It shall be filed with the Chief of Staff when it is appealed to the Chief of Police.
5. The denial of a Permit for Outside Employment may be appealed to the Chief of Police. If not satisfied at the Chief of Police level, an appeal may be made to the Police Commission, which is the final level of administrative appeal. An appeal pursuant to this provision shall be filed on an Administrative Appeal, Form 1.84. It shall be filed with the Employee Relations Administrator when it is appealed to the Chief of Police.
6. Employee Comment Sheet (comment cards), Form 1.77, may be responded to on an Employee’s Report, Form 15.7, within 30 days of the initial review. Any employee response shall be attached to the Employee Comment Sheet. (Manual Section 3/760.13).
C. Where a matter within the scope of this grievance procedure is alleged to be both a grievance and an Unfair Employee Relations Practice under the jurisdiction of the Employee Relations Board, the grievant may elect to pursue the matter either under the grievance procedure herein provided, or by action before the Employee Relations Board. Notwithstanding any contrary language in the Employee Relations Board's rules and regulations, the grievant’s election o...
MATTERS NOT GRIEVABLE OR ARBITRABLE. A. Matters that are not subject to this grievance procedure, or to arbitration, include the following:
1. An impasse in meeting and conferring.
2. Transfers, assignments, promotions, promotional examinations, probationary terminations of entry-level or tenured employees, and Employee Comment Sheets (comment cards). These matters are not grievable or arbitrable whether or not said matters involve discipline.
3. Any other matter involving discipline.
4. A determination of the fitness of an employee to carry a concealable firearm on or off duty.
5. A determination of the appropriate salary step of probationary employees based on education and/or prior law enforcement experience.