[HISTORY: Adopted by the Council of the City of Watervliet: Art. I, 4-20-1972 as Div. 4 of Art. IV of Ch. 2 of the Code of Ordinances of 1972; Art. II, 4-20-1972 as Div. 3 of Art. IV of Ch. 2 of the Code of Ordinances of 1972. Amendments noted where applicable.]
Article I Grievance Procedure
Article II Determination of Employee Representatives
[Adopted 4-20-1972 as Div. 4 of Art. IV of Ch. 2 of the Code of Ordinances of 1972]
As used in this Article, the following terms shall have the meanings ascribed to them:
- All days other than Saturdays, Sundays and legal holidays. Saturdays, Sundays and legal holidays shall be excluded in computing the number of days within which action must be taken or notice given within the terms of this Article.
- Any office, department, board, commission or other agency of the government of the city.
- Any person directly employed and compensated by the city, except persons employed in the legislative or judicial branch thereof.
- Any claimed violation, misinterpretation or inequitable application of the existing laws, rules, procedures, regulations, administrative orders or work rules of the city or a department thereof, which relate to or involve employee health or safety, physical facilities, materials or equipment furnished to employees or supervision of employees; however, "grievance" shall not include any matter involving an employee's rate of compensation, retirement benefits, disciplinary proceeding or any other matter which is otherwise reviewable pursuant to law or any rule or regulation having the force and effect of law.
- IMMEDIATE SUPERVISOR
- The employee or officer on the next higher level of authority above the employee in the department wherein the grievance exists and who normally assigns and supervises the employee's work and approves his time record or evaluates his work performance.
Each employee of the city shall have the right to present his grievance in accordance with the procedures provided in this Article, free from interference, coercion, restraint, discrimination or reprisal, and shall have the right to be represented by a person of his own choosing at all stages of the grievance procedure.
An employee who claims to have a grievance shall present his grievance to his immediate supervisor, orally, within two (2) days after the grievance occurs.
The immediate supervisor shall discuss the grievance with the employee, shall make such investigation as he deems appropriate and shall consult with his superiors to such extent as he deems appropriate, all on an informal basis.
Within three (3) days after the initial presentation of the grievance to him, the immediate supervisor shall make his decision and communicate the decision to the employee presenting the grievance and to the employee's representative, if any.
If an employee presenting a grievance is not satisfied with the decision made by his immediate supervisor, he may, within five (5) days thereafter, request a review and determination of his grievance by the department head. Such request shall be in writing and shall contain a statement to the specific nature of the grievance and the facts relating to it. Such request shall be served upon both the department head and the immediate supervisor to whom the grievance was originally presented. Thereupon, and within two (2) days after receiving such request, the immediate supervisor shall submit to the department head a written statement of his information concerning the specific nature of the grievance and the facts relating to it.
The department head or his nominee may, and at the request of the employee shall, hold a hearing within five (5) days after receiving the written request and statement from the employee. The employee and his representative, if any, may appear at the hearing and present oral statements or arguments.
Within five (5) days after the close of the hearing, or within eight (8) days after the grievance has been submitted to him if there be no hearing, the department head or his nominee shall make his decision and communicate the same to the employee presenting the grievance and to the employee's representative, if any.
[Adopted 4-20-1972 as Div. 3 of Art. IV of Ch. 2 of the Code of Ordinances of 1972]
Pursuant to Article 14 of the Civil Service Law, the city adopts this Article as its procedure for the resolving of disputes concerning the representation status of employee organizations of employees of the city.
The Council declares that it is the policy of the city and the purpose of this Article to promote harmonious and cooperative relationships between the city and its employees by providing a procedure whereby a qualified employee negotiating organization may be recognized by the Council for the purpose of collective bargaining and the entering into of written contracts governing the terms and conditions of employment.
Any employee organization wishing to represent any employees of the city must present to the Council a written request stating its desire to be recognized as the employee organization. Such written request must contain the full and complete name of the organization, its mailing address, the names of all officers of the organization, its affiliation, if any, the type or classification of employees sought to be represented and the number of such employees who are members of the organization. The written request shall be accompanied by an affidavit signed by an authorized officer of the organization stating that it does not and will not assert the right to strike against any government or assist or participate in any such strike or impose any obligation to conduct, assist or participate in any such strike.
In the event that a question arises as to membership in any organization, the Council may require that the organization furnish proof of membership. The proof may include, but not be limited to, dues deduction cards, signed petitions of members or evidence of membership as the organization may offer and is acceptable to the Council.
In the event that the Council is not satisfied with the proof of membership as offered by the organization, it may provide for an election by employees affected to determine which such organization shall represent them.
Upon a final determination by the Council of the appropriate employees' organization, notices shall be sent to the appropriate officer of the organization stating the decision of the Council and informing him that such organization shall have all those rights enumerated in §§ 204 and 208 of the Civil Service Law.
Before any negotiations are entered into between the city and the employee organization, such organization shall furnish the city with an affirmation by the organization that it does not assert the right to strike against the city, to assist or participate in any such strike or to impose an obligation to conduct, assist or participate in such strike.