(Derived from Art. I of Ch. 5 of the 1975
Compilation)
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any employee organization certified or recognized by the
City pursuant to Article 14 of the Civil Service Law.
The officer in charge of the operation of a City department
or agency and exercising general supervision over a City department
or agency.
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative
orders or work rules of a government 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
proceeding or any matter which is otherwise reviewable pursuant to
law or any rule or regulation having the force and effect of law.
A.
When a member, or the association collectively, has
a grievance against the City, it shall be processed in accordance
with the grievance procedure as hereinafter provided.
B.
The parties shall make a sincere and determined effort
to settle meritorious grievance in the voluntary steps of the grievance
procedure and to keep the procedure free of unmeritorious grievance.
C.
Any grievance that either is not filed within 10 days
or is disposed of in accordance with this grievance procedure shall
be considered settled, and such settlement shall be final and binding
upon the City, the member or members involved, the association and
its members.
D.
Except with respect to the right to present an individual
grievance as expressly set forth in this article, the association
shall, in the redress of grievances, be the exclusive representative
of the interests of each member or group of members covered by this
agreement, and only the association shall have the right to assert
and press against the City any such grievance.
A.
A member believing he has cause for grievance may,
at his option, discuss the matter directly with his immediate supervisor
or may take it up with his association committeemen, who shall discuss
the grievance with the member's immediate supervisor. Recognizing
the value and importance of full discussion in clearing up misunderstandings
and preserving harmonious relations, every reasonable effort shall
be made to settle problems promptly at this point through discussion.
B.
If the matter is not disposed of in this discussion
with the supervisor within 48 hours, the grievance shall be reduced
to writing and shall set forth all the facts relied on and shall be
presented in triplicate to the department head.
C.
The department head's disposition shall be in writing,
setting forth in detail all of the facts relied upon in support of
his disposition, and shall be made as expeditiously as possible, consistent
with proper investigation, but in no event more than three working
days from the time of written presentation, and shall be returned
by the department head to the association committeeman who presented
it.
D.
If the department head's disposition on a grievance
is not given within the time limits herein provided, the grievance
may be appealed directly to the third stage of grievance procedure.
E.
If a satisfactory disposition is not returned by the
department head, the association committeeman shall prepare a written
report setting forth his complete investigation of the facts in rebuttal
of the department head's statement of facts and disposition and shall
refer this report with the grievance in writing to the association
committee which, if it considers the grievance to be well founded,
may carry it to the second stage.
A.
The association committee shall, within one week of
the preceding disposition, present the grievance, in writing, to the
board, agency or commission in charge of such department in which
the grievance arose.
B.
The board, commission or agency shall give their decision,
in writing, not later than one week after the grievance has been submitted
to them.
A.
If a satisfactory settlement cannot be reached at
second stage, the grievance shall be referred to the Grievance Appeal
Board.
B.
The Grievance Appeal Board shall proceed with the
disposition of the matter with the utmost of dispatch, and the decision
of the Grievance Appeal Board shall be binding on the City and the
association or City employee.
