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ARTICLE 4
SETTLEMENT OF DISPUTES
Section 4.01 - Scope
This article shall apply to all members of the bargaining
unit.
Section 4.02 - Letter of Inquiry
Any employee may file a "letter of inquiry" which
requests information on salary, working conditions and/or
benefits. Such "letter of inquiry" is available from
the business agent or steward. The business agent shall process
the letter of inquiry. Where the business agent believes it
necessary, he/she may request in writing from the Director of
Labor Relations information to enable a response to the inquiry.
The information requested shall be provided by the Director of
Labor Relations within ten (10) workdays of receipt of the
request. The business agent will respond to the member.
Section 4.03 - Informal Problem Resolution
From time to time, violations relating to the application of
this agreement may arise. Many of these violations can be
resolved informally. An alleged violation that cannot be resolved
informally is called a grievance.
Section 4.04 - Definition, Timelines and Form
A grievance is any matter concerning the interpretation,
application, or alleged violation of any currently effective
agreement between the City and the bargaining unit. Grievances
shall be resolved in the manner outlined in this article.
Subd. 1. Time Limits
Time limits, as specified in the grievance procedure, may be
extended by written mutual agreement of the parties. The failure
of the City to comply with any time limit herein means that the
Union may automatically process the grievance to the next step of
the grievance procedure. Failure of the Union or its employees to
comply with any time limit herein renders the alleged violation
untimely and no longer subject to the grievance procedure.
Subd. 2. Commencement of Grievance
A grievance must be commenced at step one no later than twenty-one (21) days from the discovery of the grievable event(s) or fourteen (14) days from when the event(s) reasonably should have been discovered, or ten (10) days from the filing of a letter of inquiry, whichever is earlier.
Unless otherwise expressed, days shall mean calendar days.
Subd. 3. Grievance Forms
Forms for the grievance procedure will be developed jointly.
Subd. 4. Cooperation
The City will cooperate with the Union to expedite the
grievance procedure to the maximum extent practical.
Section 4.05 - Step One (Immediate Supervisor)
An employee shall inform the immediate supervisor of the
grievance in writing on the standard grievance form.
If an employee representative expressly requests a discussion
with the immediate supervisor concerning the written grievance,
such discussion shall take place within seven (7) days after
filing the grievance unless the time is mutually extended. The
discussion with the immediate supervisor shall be held with one
of the following:
A. The employee accompanied by a Union representative;
B. The Union representative alone if the employee so requests.
Within ten (10) workdays after the grievance is filed or the
discussion meeting concludes, whichever is later, the immediate
supervisor shall state his/her decision, in writing, together
with the supporting reasons, and shall furnish one (1) copy to
the employee who filed the grievance, one (1) copy to the
business agent, and one (1) copy to the Director of Labor
Relations. Each step one decision shall be clearly identified as
a "step one decision."
Section 4.06 - Step Two (Department Head)
If the step one decision is not satisfactory, a written appeal
may be filed by the Union with the department head within ten
(10) days of the date of the step one decision. A copy of the
appeal shall be sent to the Director of Labor Relations.
Upon request of either party, all persons who participated at
step one, or all necessary persons shall have a reasonable
opportunity to be heard at step two. If a meeting is requested by
the Union, the department head shall schedule a meeting.
Notification of at least three (3) workdays shall be given to the
Union.
Within twenty (20) workdays after the meeting or the receipt
of the appeal, whichever is later, the department head shall
present a written decision to the Union. The step two decision
shall clearly identify that answer as a "step two
decision."
Section 4.07 - Step Three (Director of Human Resources or his/her Designee)
If the step two decision is not satisfactory, a written appeal
may be filed by the Union to the Director of Human Resources, or
his/her designee, within ten (10) days of the date of the step
two decision. Upon request of the Union, a meeting shall be held
between the Director of Human Resources, or his/her designee, and
a representative of the Union. The meeting shall be scheduled by
the Director of Human Resources, or his/her designee, and held
within twenty (20) days after receipt of the written appeal.
The Director of Human Resources, or his/her designee, shall
have the full authority of the Mayor and the City Council to
resolve the grievance.
Within twenty (20) workdays after the step three meeting or
receipt of the step three appeal, whichever is later, the
Director of Human Resources or his/her designee shall send a
written response to the Union. The step three decision shall
clearly identify that answer as a "step three
decision."
Section 4.08 - Step Four (Regular Arbitration)
Within twenty (20) days of the date of the step three decision
the Union shall have the right to submit the matter to
arbitration by informing the Bureau of Mediation Services and the
Director of Labor Relations that the matter is to be arbitrated.
If the matter is to be arbitrated, a single arbitrator shall
be selected from the panel of mutually agreed upon arbitrators.
The panel of arbitrators shall be determined by the parties
within thirty (30) days of the ratification of this agreement.
Arbitrators shall be selected from the panel on a rotating basis.
The arbitrator shall render a written decision and the
reasons, therefore resolving the grievance, and order any
appropriate relief within thirty (30) days following the close of
the hearing or the submission of briefs by the parties. The
decision and award of the arbitrator shall be final and binding
upon the Employer, the Union and the employee (s) affected.
The arbitrator shall have no authority to amend, modify,
nullify, ignore, add to, or subtract from the provisions of this
agreement.
The arbitrator is also prohibited from making any decision
that is contrary to law or to public policy.
Subd. 1. Pay During Proceeding
One representative of the Union, the Grievant and all
necessary employee witnesses shall receive their regular salary
and wages for the time spent in the arbitration proceeding if
such proceeding is held during regular work hours.
Section 4.09 - Expedited Arbitration (optional)
The Union and the Employer may mutually agree to expedited
arbitration. Upon such agreement, the Union and the Employer will
make immediate (within twenty-four (24) hours) arrangements with
the Bureau of Mediation Services for the expedited arbitration
procedure and such procedure shall begin as soon as the Bureau
can initiate a hearing. It shall be the specific request of both
the Union and the Employer to have a decision within fourteen
(14) days of the hearing, and that no briefs will be filed.
Section 4.10 - Mediation (optional)
The Parties may, by mutual agreement, utilize the grievance
mediation process in an attempt to resolve a grievance before
going to arbitration.
The objective of mediation is to find a mutually satisfactory
resolution to the dispute. The parties shall mutually choose a
mediator or have a mediator assigned by the Bureau of Mediation
Services.
Subd. 1. General Provisions
A. Arbitration time frames shall be tolled during the
mediation procedure; however, there shall be no additional
extensions without written mutual agreement.
B. Grievances that have been appealed to arbitration may be
referred to mediation if both the Parties agree.
C. Mediation conferences shall be scheduled in the order in
which the grievance is appealed to mediation with the exception
of suspension or discharge grievances, which shall have priority.
D. Promptly after both parties have agreed to mediate, the
parties shall notify the Bureau of Mediation Services. The Bureau
of Mediation Services shall arrange for the conference.
E. The mediation proceedings shall be informal in nature and
the goal will be to mediate up to three (3) grievances per day.
F. Each party shall have one (1) principal spokesperson that
will have the authority to agree upon a remedy of the grievance
at the mediation conference.
G. One (1) Grievant will have the right to be present for each
grievance.
H. The issue mediated will be the same as the issue the
parties have failed to resolve through the grievance process. The
rules of evidence will not apply, and no transcript of the
mediation conference shall be made.
I. The mediator may meet separately with the parties during
the mediation conference. The mediator will not have the
authority to compel the resolution of a grievance.
J. Written material presented to the mediator or to the other
party shall be returned to the party presenting the material at
the termination of the mediation conference, except that the
mediator may retain on (1) copy of the written grievance to be
used solely for the purposes of statistical analysis.
K. If no settlement is reached during the mediation
conference, the mediator may provide the parties with an
immediate oral advisory opinion if requested by either or both
parties. The opinion will involve the interpretation or
application of the collective bargaining agreement and the
reasons for his/her opinion. The parties may agree that no
opinion shall be provided.
L. The advisory opinion of the mediator, if accepted by the
parties, shall not constitute a precedent, unless the parties
otherwise agree.
M. If no settlement is reached as a result of the mediation
conference, the grievance may be scheduled for arbitration in
accordance with Section 4.08.
N. In the event a grievance that has been mediated is
subsequently arbitrated, no person who served as the mediator may
serve as the arbitrator. In the arbitration hearing, no reference
to the mediator's advice or ruling may be entered as testimony
nor may either party advise the arbitrator of the mediator's
advice or ruling or refer at arbitration to any admissions or
offers of settlement made by the other party at mediation.
O. By agreeing to schedule a mediation conference, the
Employer does not acknowledge that the case is properly subject
to arbitration and reserves the right to raise this issue
notwithstanding its agreement to schedule such a conference.
P. The fees and expenses of the mediator and mediation office,
if any, shall be shared equally by the parties.
Subd. 2. Pay During Proceeding
One representative of the Union, and all necessary employee
witnesses shall receive their regular salaries or wages for the
time spent in the grievance mediation proceeding, if such
proceeding is held during regular working hours.
Section 4.11 - Election of Remedy
Employees covered by Civil Service systems created under
Chapter 43a, 44, 375, 387, 419, or 420, by a Home Rule Charter
under Chapter 410, or by laws 1941, Chapter 423, may pursue a
grievance through the procedure established under this section.
When a grievance is also within the jurisdiction of appeals
boards or appeals procedures created by Chapter 43a, 44, 375,
387, 419, or 420, by a Home Rule Charter under 410, or by laws
1941, Chapter 423, the employee may proceed through the grievance
procedure or the Civil Service appeals procedure, but once a
written grievance or appeal has been properly filed or submitted
by the employee or on the employee's behalf with the employee's
consent, the employee may not proceed in the alternative manner.
Nothing in this contract shall prevent an employee from pursuing both a grievance under this contract and a charge of discrimination brought under Title VII, The Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Equal Pay Act.
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