Chapter 3.48
GRIEVANCES
Sections:
3.48.030 Steps for handling of grievance.
3.48.040 Representation of grievant.
3.48.010 Grievance defined.
A. “Grievance,” as used in this chapter, shall not be interpreted to mean negotiations of wages, salaries or fringe benefits; nor shall it include matters of public concern which are the subject of NABC 3.44.020 through 3.44.040.
B. “Grievance,” as used in this chapter, means any dispute involving the interpretation, application or alleged violation of personnel laws, rules or policies as established or interpreted, and with disciplinary action, excluding disputes which are subject to the pre-disciplinary hearing procedure set forth in NABC 3.40.060. Employees having unresolved complaints of sexual harassment or other discrimination may use this policy. If a person who is the subject of the harassment or discrimination complaint would normally be involved in processing or deciding the grievance, the procedure will be modified to provide for objective and fair review of the complaint.
C. Probationary employees and employees in the partially exempt service may not use this chapter to challenge or otherwise seek review of disciplinary actions of any type. (Ord. 13-10 § 1, 2014; Ord. 00-09 § 1, 2000; Ord. 91-04 § 2, 1991; Code 1986 § 3.40.010. Formerly 3.40.010)
3.48.020 General policy.
It is the general policy of the borough and the duty of each supervisor and administrative officer to anticipate and correct, insofar as practicable, grievance-producing circumstances and thus prevent grievances from arising. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.40.020. Formerly 3.40.020)
3.48.030 Steps for handling of grievance.
The grievance of any employee shall be handled in the following manner, each step to be taken only if satisfactory adjustment cannot be obtained on the previous level. If the grievance is of a personal nature such that it would cause undue embarrassment or seem fruitless in the employee’s efforts, the employee may skip that step. However, no more than one step may be skipped and the employee must state in writing the personal nature of the grievance to the next level supervisor. It is the employee’s responsibility to appeal to the next step within five days of the decision on the previous step. The employee’s failure to process a grievance within the time limits shall constitute a termination of the grievance.
A. Step 1: to the employee’s immediate supervisor. The employee shall discuss the grievance with the employee’s immediate supervisor. If the grievance cannot be resolved informally through discussion, it shall then be reduced to writing as a formal grievance, and the written grievance shall be submitted to the department head. The written grievance must be submitted within 15 calendar days of the date that the employee knows or has reason to know of the conduct or actions upon which the grievance is based. The written grievance must describe the actions or omissions that are alleged to constitute improper conduct by the borough and must indicate the rule or rules that have allegedly been misapplied, misinterpreted or violated by the borough.
B. Step 2: to the department head. The department head must meet with the parties and render a written decision to the grievant within 10 calendar days of receipt of the grievance. If the employee fails to appeal the department head’s decision within five calendar days, such failure to respond will serve to declare the grievance as settled based upon the department head’s decision.
C. Step 3: to the personnel officer. Within five calendar days of receipt of the decision in Step 2, the grievant may appeal to the personnel officer who shall meet with the parties and within 10 calendar days render a written decision to the grievant. The decision of the personnel officer shall be binding upon the parties.
D. Upon receipt of the personnel officer’s decision, the employee shall have five calendar days in which to submit a written request for review by an independent hearing officer. If the employee fails to file a written request for review within the five calendar days, such failure will serve to declare the grievance as settled based upon the personnel officer’s decision. The decision of the independent hearing officer shall be final and binding upon the parties. (Ord. 16-06 § 2, 2017; Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.40.030. Formerly 3.40.030)
3.48.040 Representation of grievant.
The grievant, at any or all steps of this procedure, may have a representative at the grievant’s own expense. Time may be extended by mutual consent of all parties involved. (Ord. 13-10 § 1, 2014; Ord. 00-09 § 1, 2000; Ord. 91-04 § 2, 1991; Code 1986 § 3.40.040. Formerly 3.40.040)