2022-67 - 2023-25 AFSCME Administrative CBA

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ARTICLE 10 GRIEVANCE PROCEDURE 10.01 It is mutually understood that the prompt presentation, adjustment and/or answering of grievances is desirable in the interest of sound relations between the employees and the City. The prompt and fair disposition of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the grievance procedure as an orderly means of resolving grievances. Actions by the City or the Union which tend to impair or weaken the grievance procedure are improper. 10.02 A grievance is a dispute or difference between the City and the Union, or between the City and an employee, concerning the interpretation and/or application of and/or compliance with any provision of this Agreement, including disciplinary actions, and when any such grievance arises, the following procedure shall be observed: Step I. The Union steward shall present the grievance, in writing, to the employee's Supervisor or designee within five (5) working days after the employee knew or should have known of the event or within five (5) working days after the employee returns to work, whichever is later, upon which the grievance is based. The grievance shall be signed by the employee and the steward, and the employee's supervisor or the designee shall sign and date the grievance form. The supervisor shall meet with the steward and the employee(s) within five (5)working days in an attempt to adjust the grievance. The supervisor shall give a written answer and a copy of the grievance to the steward, grievant, Ohio Council 8 representative and the Union President within five (5)working days after the meeting. Step I1. If the grievance is unsatisfactorily settled in Step I, the Union may appeal the grievance, in writing, within five (5) working days after receipt of the Step I answer to the Department Director. The Director, together with the Division Head and other appropriate supervisory personnel, shall meet with the steward, Chief Steward and Chapter Chairperson within five (5) working days after the grievance has been filed in an attempt to adjust the grievance. It is understood that the parties shall attempt to resolve the grievance at this step of the grievance procedure (through the process of negotiated settlements of each grievance). Each party shall be permitted time to caucus in order to settle grievances (at this step). While it is desirable to have each grievance settled or answered in an informal manner at the meeting, nevertheless, settlement agreements shall be put in writing and signed by the parties no later than five (5) working days after the Step I1 meeting. Likewise, unresolved grievances shall be answered, in writing, by the Director no later than five (5) working days after the Step I1 meeting, and shall be sent to the Union President, grievant, Ohio Council 8 representative and stewards. Step III. If the grievance is not settled in Step II, the Union may submit the grievance to the Human Resources Director no later than five (5) working days after the Step II answer is received. The Mayor and/or designee (Human Resources Director or Law Director), the Director and other appropriate personnel shall convene a meeting with the Union grievance committee together with a representative from Ohio Council 8. Such meeting shall be held at a mutually convenient time, but not later than ten (10) working days after the appeal of the Step II answer. Suspensions which are appealed through the grievance procedure shall be submitted directly to