[HISTORY: Adopted by the Council of the City
of Schenectady as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-9-1970 by Ord. No. 15274[1]]
[1]
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
