03-08-2021 Council Packet - Laserfiche WebLink

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10 14.02 Layoffs: The Employer shall determine the position(s) in the classification which are to be eliminated provided, however, that all Employees in the temporary and part-time positions shall be laid off before regular Employees. Layoffs shall be in reverse seniority order provided Employee can perform work available. ARTICLE 15 DISCIPLINE, DISCHARGE AND PROBATIONARY PERIOD 15.01 Probationary Period: An Employee under the provisions of this Agreement shall serve a probationary period of 180 days (6 months) of continuous service with the Employer during which time the Employer shall have the unqualified right to suspend without pay, discharge, or otherwise discipline such Employee: and during this 6 month probationary period, the Employee shall have no recourse to the grievance procedure, insofar as suspension, discharge, or other discipline is concerned. By mutual agreement between Employer and Union the probationary period may be extended an additional 90 days. However, a probationary Employee shall have the right to bring a grievance on any other provision of the contract alleged to have been violated. 15.02 Completion of Probationary Period: An Employee who has completed the probationary period may be suspended without pay, discharged, or disciplined only for cause. An Employee who has completed the probationary period and is suspended without pay, discharged, or otherwise disciplined shall have access to the grievance procedure. ARTICLE 16 GRIEVANCE PROCEDURE 16.01 Grievance Definition: A "grievance" shall mean an allegation by an Employee resulting in a dispute or disagreement between the Employee and the Employer as to the interpretation or application of terms and conditions of employment insofar as such matters are contained in this Agreement. 16.02 Representative: The Employee or Employer may be represented during any step of the procedure by any person or agent designated by such party to act in his behalf. 16.03 Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is submitted in writing and on forms provided, to the City Administrator setting forth the facts and the specific provisions of the Agreement allegedly violated and the particular relief sought within twenty-one (21) business days after the date the event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. 16.04 Adjustment of Grievances: An effort shall first be made to adjust an alleged grievance informally between the Employee and the immediate supervisor. If this effort is unsuccessful, the grievance shall then be adjusted in the following manner: Level I: If the grievance is not resolved through informal discussions, the immediate supervisor shall give a written decision on the grievance to the parties involved within ten (10) business days after receipt of the written grievance. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the City Administrator, provided such appeal is made in writing within five (5) business days after receipt of the decision in Level L If a grievance is properly appealed, Employer shall set a time to meet regarding the grievance within fifteen (15) business days after receipt of the appeal. Within ten (10) business days after the meeting, the City Administrator or his designee shall issue a decision in writing to the parties involved. 16.05 Arbitration Procedures: In the event that the Employee, the Union and the Employer are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 16.051 Request: A request to submit a grievance to arbitration must be in writing signed by the