[HISTORY: Adopted by the Council of the City of Schenectady: Art. I, 2-9-1970 by Ord. No. 15274; Art. II, 9-28-1981 as Res. No. 81-207. Sections 60-5D and 60-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Article I General Provisions
Article II Equal Employment Opportunity Grievances
[Adopted 2-9-1970 by Ord. No. 15274]
Editor's Note: The provision of this article are derived from Ch. 2, Secs. 2-212 and 2-213, of the former Revised Ordinances, adopted 2-9-1970 by Ord. No. 15274.
The following grievance procedure is incorporated pursuant to the provisions of Article 16 of the General Municipal Law. This procedure is to apply to all full-time, regular employees, with the exception of specifically stated exclusions. Elected officials, members of citizen boards, commissioners and all other personnel appointed to serve without compensation or individuals and/or groups compensated on a fee basis are to be excluded from the general provisions of chapter.
As used in this article, the following terms shall have the meanings indicated:
- 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 of Schenectady.
- Any claimed violation, misinterpretation or inequitable application of the existing laws, rules, procedures, regulations, administrative orders or work rules of the City of Schenectady, or a department thereof, which relates to or involves 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 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 who is assigned to exercise any level of supervisory responsibility over employees 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.
Through an orderly grievance procedure, it is the policy of the city to assure to city employees their right to full freedom of association, self-organization and designation of representatives of their own choosing for the purpose of protecting their interests as employees of the city, free from interference, restraint, coercion or reprisal, and the employee shall also be assured of his right to refrain from any and all such activities as he may deem.
Every employee shall have the right to join or continue as a member of any employee association or labor organization; provided, however, that no employee shall organize or become a member of any society or group of persons which teaches or advocates that the government of the United States or any state or any political subdivision thereof shall be overthrown by force or violence or by any unlawful manner.
Editor's Note: See Ch. 39, Employee Organizations.
Every employee shall have the right to present his grievance in accordance with the procedure described hereunder, with or without a representative of his own choosing, and without fear of coercion, discrimination or reprisal.
It is the fundamental responsibility of supervisors, commensurate with delegated authority, and department heads to take appropriate action promptly and fairly on a grievance of any subordinate employee or employees. To this end, appropriate authority shall be delegated to supervisors to enable them to carry out the purpose of this chapter. The head of each department shall be responsible for carrying out the provisions of this policy and the regulations prescribed hereunder.
Administrative city officials are requested to weigh any public statements they make concerning alleged violations before any impartial hearing and determinations are to be made to ensure all possible safeguards to the administration and to the persons involved and to avoid any premature implications that the violations alleged have been proven or established.
Step 1. The complaint or grievance shall be presented verbally or in writing by the aggrieved employee or his representative to the supervisor in the bureau where the grievance is claimed to have occurred, but not necessarily to the immediate supervisor of the employee or employees allegedly aggrieved. If the complaint or grievance is not resolved within three working days of its presentation, the complainant, either individually or by his representative, has the right to proceed to the next step in the grievance procedure.
Step 2. The complaint or grievance must be reduced to writing and filed within five working days of the completion of Step 1 with the bureau head or with the person designated by the bureau head of the department to represent him in the adjustment of grievances. A copy of the complaint and grievance must be sent to the employee's supervisor who initially passed upon the grievance. The grievance shall be considered and passed upon within three working days after receipt of the appeal from Step 1. The aggrieved and his representative and the bureau head shall work for a satisfactory adjustment of the grievance through conference, negotiation and agreement. The determination and comments of the bureau head passing upon the grievance shall be in writing, copies of which shall be transmitted to the aggrieved or his representative upon issuance. The aggrieved has the right to appeal the determination as provided in the next step of the grievance procedure.
Step 3. Within five working days after the decision in Step 2 shall have been issued, the aggrieved shall have the right to appeal the determination to the head of the department concerned. The head of the department or his representative and the aggrieved and his representative shall work for a satisfactory solution of the grievance or complaint through conference, negotiation and agreement. Such conference shall be held at an appropriate time consistent with the requirements of the department. The determination of the head of the department shall be issued within five working days after receipt of the appeal.
Step 4. If, and only after completion of all the grievance steps provided at the departmental level, the grievance or complaint has not been resolved within the affected department, the aggrieved or his representative may file a request in writing to the Public Employment Relations Board for review of the complaint or grievance and the determination thereon. Such request must be filed within five days of the receipt of the determination in Step 3 and must be accompanied by the written record of the previous appeals and the written decisions and comments issued by the previous appeals officers. A copy of such request must be filed simultaneously with the affected department head. Within five working days of the receipt of said request, the Public Employment Relations Board shall determine whether the request for review shall be granted and, if so, how and when the appeal shall be heard. On the hearing or conference in such an appeal, the Public Employment Relations Board may require the presence, in addition to representatives of the affected department, of such additional personnel as deemed necessary to the proper disposition of the issue. At such time, the Public Employment Relations Board shall make proper recommendations to the Mayor.
[Amended 6-2-1986 by L.L. No. 3-1986]
An employee and his representative, if a city employee, shall have such time off from his regular duties as may be necessary and reasonable for the presentation of a grievance under the procedures above without loss of pay or time credits.
[Amended 6-2-1986 by L.L. No. 3-1986]
The Mayor is empowered to adopt rules and regulations to implement provisions of this chapter.
[Adopted 9-28-1981 by Res. No. 81-207]
All recommendations made by the Equal Employment Opportunity Director for settlement of equal employment opportunity grievances shall be approved by resolution of the City Council after recommendation is made by the Mayor.