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a.A grievance is defined as any dispute involving the interpretation, application or alleged violation of:

1.Provisions in a current memorandum of understanding between the City and a recognized employee organization; or

2.These Rules and Regulations, except as excluded under 15.01b.

3. Past Practice.Past practice is defined as a generally accepted and clear course of conduct which includes the provision of a benefit and which is characteristically repeated over a continuous period of time with the knowledge of parties at more than one level in the chain of command.

b.Should any dispute concern an agreement, rule or action which prescribes a separate appeal procedure, that dispute shall be excluded from this procedure. The following are not subject to the grievance procedure.

1.Disciplinary actions

2.Employee performance evaluations

3.Issues subject to meet and confer process

4.Reclassification

5.Layoff

6.Transfer

7.Denial of reinstatement

8.Meet and Confer for purposes of developing a memorandum of understanding

c.Grievances may be filed only by probationary and regular employees, individually or in groups.