Pursuant to the provisions of Article 16 of
the General Municipal Law, the following grievance procedures are hereby established
for employees of the City of New Rochelle.
As used herein, the following terms shall have
the following meanings:
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.
DECISION
The ruling, determination or report or disposition made by
an immediate supervisor, department head or grievance board after
a grievance is heard or submitted as in this article provided.
DEPARTMENT
Any office, department, board, bureau, commission or other
agency of the government of the City of New Rochelle.
DEPARTMENT HEAD
That person so designated in the City Charter as the head
of a department as defined herein. The Chief of the Police Department
shall be considered the department head with reference to grievances
in the Police Department, and the Chief of the Fire Department shall
be considered the department head with reference to grievances in
the Fire Department.
EMPLOYEE
Any person directly employed and compensated by the City
of New Rochelle, 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 of New Rochelle 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;
provided, however, that such term shall not include any matter involving
an employee's rate of compensation, retirement benefits, disciplinary
proceedings 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 official on the next higher level of authority
above the employee in the department where the grievance exists and
who normally assigns and supervises the employee's work and approves
his time record or evaluates his work performance.
The time limitations for proceedings and resolutions
of grievance as hereinabove fixed may be waived or extended by mutual
agreement of the parties involved.
All discussions and hearings between an employee,
his immediate supervisors, department head and Grievance Board shall,
so far as practicable, be conducted during regular working hours.