ARTICLE 11
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10.1 Purpose
11.1 Purpose
11.1.1 The purpose of the grievance procedure is as follows:
A. To promote improved employer-employee relations by establishing a grievance procedure on matters for which appeal or hearing is not provided by other regulations.
B. To afford employees individually or through qualified employee organizations a systematic means of obtaining further considerations of problems.
C. To provide that grievances shall be settled as nearly as possible to the level of origin.
D. To provide that appeals shall be conducted as informally as possible. These hearings shall not be evidentiary in nature.
E. This procedure will not deny any member or employee of any personal or legal rights.
11.2 Matters Subject to Grievance Procedure
11.2.1 For the purpose of this rule, a grievance shall be considered as any matter for which appeal is not provided, or prohibited, in other personnel rules concerning:
A. A dispute about the interpretation or application of any ordinance, rule, regulation, policy, Standard Operating Procedure, or past practice governing personnel practices or working conditions.
B. A dispute about the practical consequences of a District decision on wages, hours, and other terms and conditions of employment.
C. A decision affecting the employment of any permanent or probationary employee.
11.2.2 No permanent or probationary employee may use this grievance procedure in any way to appeal disciplinary action. Appeals for disciplinary action are provided for in Article 12.
11.2.3 No employee shall use the grievance procedure to dispute any action by the District which is mandated by State or Federal Law, agreed upon Management Rights, or a rule or regulation established by a State or Federal regulatory commission or agency having legal jurisdiction over operations of the district.
11.3 Definitions
11.3.1 Day (for the purposes of this grievance policy) shall mean any day on which the business office of this district is open for business for a normal span of eight hours.
11.3.2 Employee shall mean any active career, part time, or volunteer employee of the Diamond Springs - El Dorado Fire Protection District.
11.3.3 Grievant shall mean an employee, representative retained by the employee or the employee association.
11.3.4 Immediate Supervisor shall mean the first level manager having immediate jurisdiction over the grievant. The immediate supervisor shall not be eligible to be, or be, represented by a recognized employee organization that bargains on behalf of employees at the rank of Captain or below.
11.4 Time Limits
11.4.1 A grievant who fails to comply with the established time limits at any step shall forfeit all rights to the further application of the grievance procedure for the alleged grievance.
11.4.2 If management fails to respond to a grievance at any step within the established time limits, management shall forfeit all rights to the further application of the grievance procedure and the grievance shall be found in favor of the grievant.
11.4.2 Extension or contraction of any time limit, by mutual written agreement between the grievant and the appropriate manager at each respective level, is permissible.
11.5 Grievance Procedure
11.5.1 Step 1
A. Within five (5) days of the time a grievance is alleged to have occurred, or became reasonably apparent to the employee, the employee shall discuss the grievance with his/her immediate supervisor . The immediate supervisor must accommodate the employee's request for a discussion of the grievance. If the normal immediate supervisor is not available to discuss the grievance within the time frame, the grievant shall discuss the grievance with a supervisor at the next level in the chain of command.
B. Within five (5) days of the oral discussion, the immediate supervisor shall give an oral response to the grievance.
C. When an employee's grievance specifically deals with a safety issue, the immediate supervisor shall give an oral response to the grievance within twenty four (24) hours.
11.5.2 Step 2
A. If after discussion with the supervisor, the employee does not feel that the grievance has been properly resolved, and after both parties have had the opportunity to have a thorough discussion of all available facts, then the grievance may be elevated to the written level by the employee.
B. Within five (5) days of the oral response, if the grievance is not resolved, it shall be stated in writing by the grievant on a Grievance Statement form (DSED_New 1-84), as provided by the District, signed by the grievant or the grievant's designated representative, and presented to the grievant's immediate supervisor or designee. If the proper form is not available to the grievant, plain paper may be used.
C. The written grievance shall include, but not be limited to, the following information:
(1). Full employee name.
(2). All facts giving rise to the grievance.
(3). The date of occurrence.
(4). The dates and content of informal oral discussion and oral response.
(5). Identification by appropriate specific reference to any and all Federal and State laws, MOU's, policies, procedures, rules and past practices alleged to have been violated.
(6). The contention of the employee with respect to such provisions.
(7). The remedy or correction requested by the grievant.
D. The immediate supervisor/designee shall communicate his/her decision in writing on District form 'DSED_New 2-84' Grievance Answer, to the grievant within five (5) days after receiving the written grievance. If the proper form is not available to the supervisor, plain paper may be used.
E. Within the above time limits either the grievant or the immediate supervisor/designee may request a personal conference with the other party. In order for such a personal conference to occur, both parties must mutually agree to hold the conference.
F. If the grievance is not withdrawn or resolved at the second step a copy of all related documents will be placed in the department files with copies to the grievant. If the grievance is denied, the grievance and the second step answer will be returned to the grievant. The second step answer shall include:
(1). A complete statement of the District's position and the facts on which it is based.
(2). The remedy or correction offered, if any.
11.5.3 Step 3
A. In the event that the grievant is not satisfied with the decision rendered in Step 2, the grievant may appeal the decision in writing to the Fire Chief (or in his absence, his designee). The appeal must be made within five (5) days of the grievant's receipt of the decision rendered at Step 2.
B. The appeal shall include the following:
(1). A copy of the original grievance.
(2). A copy of the decision rendered at Step 2.
(3). A statement of the reason(s) for the appeal, referencing any and all Federal or State laws, MOU's, policies, procedures, rules, regulations and past practices that the supervisor disregarded.
C. The presentation of new or additional facts or evidence submitted by the grievant may serve as a basis for returning the grievance for further consideration at Step 2.
D. The Fire Chief (or his designee) shall communicate his/her decision in writing to the grievant within five (5) days of receiving the appeal.
E. Within the time limits, either the Fire Chief (or his designee) or the grievant may request a personal conference with the other party. In order for such a personal conference to occur, both parties must mutually agree to hold the conference.
11.5.4 Step 4
A. In the event that the grievant is not satisfied with the decision rendered in Step 3, the grievant may appeal the decision in writing to the Chairman of the Board of the Diamond Springs - El Dorado Fire Protection District. The appeal must be made within ten (10) days of the grievant's receipt of the decision rendered at Step 3.
B. The appeal shall include the following:
(1). A copy of the original grievance.
(2). A copy of the decision rendered at Step 2.
(3). A copy of the decision rendered at Step 3.
(4). A statement of the reason(s) for the appeal, referencing any and all Federal or State laws, MOU's, policies, procedures, rules, regulations and past practices that the supervisor disregarded.
C. The presentation of new or additional facts or evidence submitted by the grievant may serve as a basis for returning the grievance for further consideration at Step 3.
D. The Chairman of the Board will schedule a fourth step hearing to occur within sixty (60) days of receipt of the appeal. The time frame for the hearing may be negotiated by mutual consent of the board and the grievant.
E. The fourth step appeal hearing will be attended by the Board of Directors, the Fire Chief (or his designee), the grievant and their respective representatives.
F. The fourth step appeal hearing shall be evidentiary in nature, with cases and positions made and expressed by the grievant, management and/or their respective representatives. Witnesses may be called by the grievant, management, the Board of Directors, and/or their respective representatives. Witnesses shall be compensated by the party requesting them.
G. The Board of Directors shall make a decision and provide the grievant with a written response within ten (10) days of the Step 4 hearing.
11.5.5 Arbitration
A. Only grievances which involve the interpretation, application or enforcement of the provisions of the Memorandum of Understanding with district employees, district rules, regulations, policies and procedures may be appealed to binding arbitration.
B. In the event that the grievant is not satisfied with the decision rendered in Step 4, the grievant may submit the grievance to arbitration. The request for arbitration must be made within ten (10) days of the grievant's receipt of the decision rendered at Step 4.
C. Selection of an Arbitrator
(1). An impartial arbitrator shall be selected jointly by the grievant and the district within ten (10) days of receipt of the appeal for arbitration.
2). If both parties cannot agree on a neutral arbitrator, then either may seek a list of five (5) arbitrators from the American Arbitration Association or the California Mediation and Conciliation Service. Selection shall be made by alternately striking names from the list of five (5) until one name remains. Such person shall be designated as the arbitrator. The first party to strike names from the list shall be determined by lot.
D. The Chairman of the Board will schedule an arbitration hearing to occur within thirty (30) days of selection of the arbitrator. The time frame for the hearing may be negotiated by mutual consent of the board and the grievant.
E. The arbitration hearing will be attended by the arbitrator, the Chairman of the Board of Directors, the Fire Chief (or his designee), the grievant and their respective representatives.
F. The arbitration hearing shall be evidentiary in nature, with cases and positions made and expressed by the grievant, management, and/or their respective representatives. Witnesses may be called by the grievant, management, the Chairman of the Board of Directors, and/or their respective representatives. Witnesses shall be compensated by the party requesting them.
G. Decision
(1). The arbitrator must render a written decision within sixty (60) calendar days of the conclusion of the hearing.
(2). There shall be no post hearing briefs unless mutually agreed by the parties.
(3). The arbitrator shall have the power to frame a decision provided that it does not add to, delete or alter any provisions of the Memorandum of Understanding with district employees, district rules, regulations, policies and procedures. The decision shall be limited to the application and interpretation of these provisions.
(4). The decision of the arbitrator shall be final and binding on all parties.
H. The fees of the arbitrator and the court reporter will be borne equally by the grievant and the district.
11.6 Elimination of Intermediate Steps
By mutual consent of the grievant and the Fire Chief, any or all intermediate steps can be dispensed with.
11.7 Employee Rights
Nothing in this procedure is meant to deny any employee or member of their rights under applicable state and/or federal laws.