[HISTORY: Adopted by the Board of Trustees of the Village of Albion:
Art. I, 5-13-1974 as Ch. 27 of the 1974 Code. Amendments
noted where applicable.]
[Adopted 5-13-1974 as Ch. 27 of the 1974 Code]
A.
The purpose of this Article is to provide an orderly
process whereby every employee of the village may equitably and expeditiously
settle grievances that may arise in the course of village employment and shall
have the right to present his or her grievance in accordance with the procedures
provided herein, free from coercion, restraint, interferences, discrimination
or reprisal. Every employee shall have the right to be represented by a person
of his or her own choosing at all states of this grievance procedure.
B.
It shall be a fundamental responsibility of persons in
supervisory capacity at all levels, commensurate with the authority delegated
to them by their superiors to consider promptly and take appropriate action
upon grievances presented to them by employees under their supervision. To
such extent as is practicable, appropriate authority is hereby delegated to
such persons with supervisory duties to take such steps as may be necessary
to give effect to the provisions prescribed herein.
As used herein, the following terms shall have the following meanings:
The respondents explanations of the subject matter of a complaint.
The Board of Trustees of the said Village of Albion.
The Chairperson of the Grievance Committee.
The Grievance Committee as established herein, including the Chairperson
and the two members thereof.
The employee originating a grievance.
The written allegations constituting a grievance.
The written disposition and determination of grievance by the Committee.
Any person directly employed and compensated by the Village of Albion,
except persons employed in the legislative and judicial branch thereof and
persons covered by union contract.
[Amended 8-14-1996 by L.L. No. 5-1996]
A claimed violation, misinterpretation or inequitable application
of the existing rules, procedures, regulations, administrative orders or work
rules of the village or a department or agency thereof, which relate to or
involve employee health or safety, physical facilities, materials or equipment
furnished to employees or supervision of employees; provided, however, that
such term shall not include any matter involving an employee's rate of
compensation, retirement benefits, disciplinary proceedings, discharge or
any matter which is otherwise reviewable pursuant to law or any rule or regulation
having the force and effect of law.
The individual against whom a grievance is asserted.
Persons regardless of title who are assigned to exercise any level
of supervisory responsibility over Village employees.
The Village of Albion, Orleans County, New York.
Should a dispute arise as to whether or not any complaint is properly
a matter for proceeding under the grievance procedure, the issue shall be
sent by the complainant or his or her superior directly to the grievance committee
which shall decide that question and its decision shall be final and binding.
Whereupon, the complaint shall be returned for further processing to the stage
from which the issue of proper jurisdiction originated.
The grievance procedure for employees of the village is hereby established
as follows:
A.
First stage. The first stage shall consist of the employee's
presentation of his or her grievance to his or her immediate superior who
shall, to such extent as he or she may deem appropriate, consult in turn with
his or her superiors. The discussion and resolution of grievances at the first
stage shall be on an oral and informal basis. If such grievance is not satisfactorily
resolved at this first stage within three working days, such employee may
proceed to the second stage.
B.
Second stage.
(1)
The second stage shall consist of filing of the employee's
grievance, in writing, with the head of his or her bureau, or its equivalent.
The bureau head shall investigate the grievance and shall dispose of it within
seven working days. The decision shall be in writing to the employee filing
the grievance with copies to the immediate superior and to the department
head. In the process of investigating the grievance the bureau head may consult
with his or her superiors.
(2)
The written grievance shall set forth the following information:
(a)
Name, address and work location of complainant.
(b)
Name, title and work location of respondent.
(c)
A concise resume of acts alleged to constitute the grievance,
including names, places, dates and times.
(d)
The ruling of an immediate superior.
(e)
Other information the complainant may think pertinent.
(f)
The signature of the complainant.
(3)
The bureau head shall forward the complete grievance
file to the department head upon making disposition.
C.
Third stage. Any village employee may appeal, by written
request, to a three-member Grievance Committee established herein from a determination
of a grievance made in accordance with these provisions by his or her bureau
head. Such Grievance Committee shall promptly consider, review and determine
such grievance and render a report and findings thereon to the Board as is
hereinafter provided. The findings of the Grievance Committee shall be binding
unless overruled by the Board.
A.
Grievance Committee; members. There is hereby established
a Grievance Committee which shall consist of a Chairperson and two members
each of whom shall be appointed by the Board to serve at its pleasure.
B.
Powers and duties.
(1)
The Grievance Committee is empowered to receive, investigate,
adjust and adjudicate grievances, as herein defined, submitted to it in accordance
with the procedures subsequently set forth. The jurisdiction of the Committee
is limited to grievances of village employees.
(2)
The Committee shall promptly consider all grievances
properly presented to it and take such necessary action as is required hereby.
The merits of all grievances shall be considered objectively, with due consideration
to the harmonious interrelationship that is sought to be achieved among employees
of the village and for the best interests of the public.
(3)
The Committee, in its discretion, may conduct a hearing,
under oath or otherwise, on any complaint before it, take testimony of the
parties and their witnesses, receive documents or other papers submitted to
it, issue subpoenas and establish rules for the conduct of its proceedings
and hearings, not inconsistent with the provisions hereinafter set forth.
(4)
Any such hearing may be conducted by any one of the members
of the Committee designated by the Committee to act in its behalf; provided,
however, that if less than the full Committee is present at such hearing,
the Committee thereof conducting such hearing shall render a report thereon
to the full Committee, and the full Committee shall thereupon make its report.
A majority vote of the entire Committee shall determine all matters.
(5)
The Committee shall make a determination of the grievance
and shall reduce the same to a written decision, which shall be filed and
served as hereinafter provided.
(6)
The Committee has no power to discipline; to determine
policies or administrative matters within the jurisdiction of the Board, to
consider matters involving salaries, appointments to positions or the failure
to fill position vacancies; or to incur any expense without prior approval
of the Board of Trustees of the Village of Albion.
C.
Meetings. A suitable place of meeting shall be provided
for the Grievance Committee by the Board. The Chairperson shall preside at
all meetings and hearings, except that in his or her absence the Committee
may designate one of the members to act in his or her place. The Board shall
provide necessary secretarial, stenographic and investigative assistance to
the Chairperson of the Committee.
D.
Procedure. A grievance submitted on appeal to the Grievance
Committee for determination shall be presented according to the following
procedure:
(1)
The employee, or his or her representative, shall notify
the Grievance Committee in writing that he or she is appealing the bureau
head's decision. A copy of such notice shall be forwarded, to the bureau
head who shall in turn forward the entire grievance file to the Grievance
Committee.
(2)
The appeal shall be signed by the complainant and filed
with the Chairperson. Where the appeal contains incomplete information, the
Chairperson and/or the Committee shall promptly seek the needed information
from the complainant. In the event that such information is not furnished
within a reasonable time, and within the time limited by the Chairperson and/or
the Committee, the case may be closed without further proceedings.
(3)
The Chairperson may require the respondent to serve,
in writing an answer to the complaint. Such answer shall be signed by the
respondent and filed with the Chairperson within a time specified by the Chairperson.
(4)
The Chairperson may refer a grievance for investigation
if he or she deems such investigation necessary and shall refer the same for
investigation if so directed by the Committee. The investigator shall make
a preliminary investigation of the facts stated in the complaint and answer
and make a written report thereon to the Chairperson.
(5)
The Committee shall consider the complaint, answer and
report and take suitable action thereon. At any stage of the proceedings,
the Committee shall have the right to summon the complainant, respondent and
any and all persons considered necessary to an equitable and expeditious adjustment
of the grievance proceedings shall be informal.
(6)
The Committee in its discretion may conduct a hearing,
and the Chairperson shall preside at such hearing and direct its conduct,
including ruling on admissibility of evidence.
(7)
The burden of proof is on the complainant in such hearing.
(8)
Copies of rules established by the Committee for the
conduct of its proceedings and hearings shall be furnished each complainant
and respondent.
(9)
The report of the Committee shall contain a statement
of the Committee's determination of fact, conclusions and findings. The
Committee's findings shall be a final determination of the grievance
unless overruled by the Board and shall be rendered no later than 14 days
after submission to it of said grievance for settlement. The original decision
shall be filed with the Board and copies shall be sent to each employee involved,
his or her representative, if any, the head of the Department concerned and
each member of the Committee. The Board shall have 10 days after the Committee
reports its findings to it to overrule the Committee. Otherwise the Committee's
findings shall be binding.
(10)
The Committee shall file with the Board all complaints,
answers, reports and decisions, together with stenographic record of all proceedings,
transcripts of hearings, to be retained as permanent records.
(11)
The proceedings of the Committee shall be confidential
and are not to be disclosed except to its Chairperson, members, committee
personnel and the parties to the grievance. Nothing herein contained, however,
shall prevent the Board from making public the decisions of the Committee
filed with it.
