Grievance Procedures

Date Established: October 19, 2020
Date Last Updated: October 19, 2020

Purpose
The purpose of these grievance procedures is to fairly and efficiently resolve disputes regarding the interpretation or application of employee policies. Matters covered by a collective bargaining agreement are subject to the grievance procedures contained in that agreement.

Policy Statement
Authority
The City Manager or designee has final authority to resolve grievances on behalf of the City in those situations where the City Manager has partial or complete jurisdiction and for which an appeal procedure is not specifically provided by law or otherwise provided in this policy.

Grievance Procedures
1. General Provisions
a. Grievances may be initiated only by the affected employee. The employee may request the assistance of another person at any level in the review process to prepare and/or present the employee’s case.
b. Whenever possible, grievances will be handled during the regularly scheduled work hours of the parties involved. The employee and the employee’s representative may use a reasonable amount of work time, as determined by the employee’s department head, to prepare and present the grievance.
c. The parties to the grievance may extend the time limits specified in the grievance procedure by mutual agreement. Upon failure of the City to comply with the time limits set forth in the procedure, the employee may proceed to the next level of review. Failure of the employee to comply with the time limits set forth in the procedure shall constitute an abandonment of the grievance.
d. The employee is assured freedom from retaliation from the City or its representatives for using the grievance procedure.
e. Employees and supervisors who are involved in a grievance are encouraged to consult with the Human Resources Department to ensure they understand the grievance policy and procedures. The Human Resources Department may provide formal or informal resources to assist with resolving the complaint.
f. Discharge during an employee’s probationary period may not be appealed through the grievance process or any other appeals process. Discharge of a contingent employee may not be appealed through the grievance process.

2. Discussion with Supervisor
An employee who has a problem or complaint should first try to get it settled through discussion with the immediate supervisor without undue delay. If the employee does not believe the problem has been satisfactorily resolved after this discussion, the employee may discuss it with the supervisor’s immediate supervisor, if any. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. These discussions shall not be taken above the department head level.

3. Grievance Procedure
If the employee is not in agreement with the decision reached through discussions, a written appeal shall be filed within ten working days after the event giving rise to the grievance. In cases where the employee learns of the event after its occurrence, the ten days shall begin with the time the employee learned, or had reasonable opportunity to learn, of the occurrence.

a. Step One.
The grievance shall be presented in writing to the employee’s immediate supervisor, who shall render a decision and comments in writing to the employee within five working days of receiving the grievance.
If the employee does not agree with the supervisor’s decision, or if no answer has been received within five working days, the employee may proceed to Step Two.

b. Step Two.
If the employee pursues a Step Two appeal, it shall be presented in writing to the supervisor’s immediate supervisor within five working days of receiving the written decision in Step One, or within ten working days of filing the Step One grievance if no decision is rendered.

The supervisor’s immediate supervisor shall render a decision and comments in writing to the employee within five working days of receiving the appeal.
If the employee does not agree with the decision, or if no answer has been received within five working days, the employee may present the appeal in writing to the department head.

c. Step Three.
If the employee pursues a Step Three appeal, it shall be presented in writing to the department head within five working days of receiving the written decision in Step Two, or within ten working days of filing the Step Two grievance if no decision is rendered.

The department head or a designated representative shall discuss the grievance with the employee, the employee’s representative, if any, and with other appropriate persons. The department head shall render a decision and comments in writing to the employee within five working days of receiving the appeal.

If the employee does not agree with the decision reached, or if no answer has been received within five working days, the employee may present the appeal in writing to the City Manager.

d. Step Four.

If the employee pursues a Step Four appeal, it shall be presented in writing to the City Manager within five working days of receiving the written decision in Step Three, or within ten working days of filing the Step Three grievance if no decision is rendered.

The City Manager or designee shall discuss the grievance with the employee, the employee’s representative, if any, and with other appropriate persons.
The City Manager or designee shall render a decision in writing to the employee within ten working days of receiving the appeal. The Step Four decision will be final.

Contact Information
Human Resources Director
hr@cityofames.org
515-239-5199

City Manager’s Office
515-239-5101