[Adopted 4-20-1972 as Div. 4 of Art. IV of Ch.
2 of the Code of Ordinances of 1972]
As used in this Article, the following terms shall have the meanings
ascribed to them:
DAYS
All days other than Saturdays, Sundays and legal holidays. Saturdays,
Sundays and legal holidays shall be excluded in computing the number of days
within which action must be taken or notice given within the terms of this
Article.
DEPARTMENT
Any office, department, board, commission or other agency of the
government of the city.
EMPLOYEE
Any person directly employed and compensated by the city, except
persons employed in the legislative or judicial branch thereof.
GRIEVANCE
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative orders
or work rules of the city or a department thereof, which relate to or involve
employee health or safety, physical facilities, materials or equipment furnished
to employees or supervision of employees; however, "grievance" shall not include
any matter involving an employee's rate of compensation, retirement benefits,
disciplinary proceeding or any other matter which is otherwise reviewable
pursuant to law or any rule or regulation having the force and effect of law.
IMMEDIATE SUPERVISOR
The employee or officer on the next higher level of authority above
the employee in the department wherein the grievance exists and who normally
assigns and supervises the employee's work and approves his time record
or evaluates his work performance.
Each employee of the city shall have the right to present his grievance
in accordance with the procedures provided in this Article, free from interference,
coercion, restraint, discrimination or reprisal, and shall have the right
to be represented by a person of his own choosing at all stages of the grievance
procedure.
[Adopted 4-20-1972 as Div. 3 of Art. IV of Ch.
2 of the Code of Ordinances of 1972]
Pursuant to Article 14 of the Civil Service Law, the city adopts this
Article as its procedure for the resolving of disputes concerning the representation
status of employee organizations of employees of the city.
The Council declares that it is the policy of the city and the purpose
of this Article to promote harmonious and cooperative relationships between
the city and its employees by providing a procedure whereby a qualified employee
negotiating organization may be recognized by the Council for the purpose
of collective bargaining and the entering into of written contracts governing
the terms and conditions of employment.
Upon a final determination by the Council of the appropriate employees' organization, notices shall be sent to the appropriate officer of the organization stating the decision of the Council and informing him that such organization shall have all those rights enumerated in §§
204 and 208 of the Civil Service Law.
Before any negotiations are entered into between the city and the employee
organization, such organization shall furnish the city with an affirmation
by the organization that it does not assert the right to strike against the
city, to assist or participate in any such strike or to impose an obligation
to conduct, assist or participate in such strike.