[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.]
[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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
