[HISTORY: Adopted by the Town Board of the Town of Massena 9-18-1963.
Amendments noted where applicable.]
The grievance procedure provided herein is hereby established for employees
of the Town of Massena.
As used herein, the following terms shall have the following meanings:
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
chapter.
Any office, department, board or other agency of the government of
the Town of Massena.
Any person directly employed and compensated by the Town of Massena,
except for elected or appointed officers and persons employed in the legislative
and judicial branches thereof.
Any claimed violation, misinterpretation or alleged inequitable application
of any existing laws or duly established rules, procedures, regulations, administrative
orders or work rules of the Town of Massena 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 proceeding or any
other matter which is otherwise reviewable pursuant to law or any rule or
regulation having the force and effect of law.
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.
Every employee of this town shall have the right to present his grievance
in accordance with the procedures provided herein, 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.
A.
An employee who claims to have a grievance shall present
his grievance to his immediate superior, orally, within two days after the
grievance occurs.
B.
The immediate superior shall discuss the grievance with
the employee, shall make such investigation as he deems appropriate and shall
consult with his own superiors to such extent as he deems appropriate, all
on an informal basis.
C.
Within three days after presentation of the grievance
to him, the immediate superior shall make his decision and communicate the
same to the employee presenting the grievance and to the employee's representative,
if any.
A.
If an employee presenting a grievance is not satisfied
with the decision made by his immediate superior, he may, within five days
thereafter, request a review and determination of his grievance by the department
head. Such request shall be in writing and shall contain a statement of the
specific nature of the grievance and the facts relating to it. Such request
shall be served upon both the department head and the immediate superior to
whom the grievance was originally presented. Thereupon and within two days
after receiving such request, the immediate superior shall submit to the department
head a written statement of his information concerning the specific nature
of the grievance and the facts relating to it.
B.
The department head may, and at the request of the employee
shall, hold a hearing within five days after receiving the written request
and statement from the employee. The employee and his representative, if any,
may appear at the hearing and present oral statements or arguments.
C.
Within five days after the close of the hearing, or within
eight days after the grievance has been submitted to him if there shall be
no hearing, the department head shall make his decision and communicate the
same to the employee presenting the grievance and to the employee's representative,
if any.
Whereas the Massena Memorial Hospital has an experienced, specially trained and duly constituted Board of Managers and Hospital Administrator, the second-stage provisions of § 35-5 above shall not apply to said employees of the hospital. In lieu thereof, said employees shall, after completion of the first stage of initial presentation of their grievance, proceed as follows:
A.
If an employee presenting a grievance is not satisfied
with the decision made by his immediate superior, he may, within five days
thereafter, request a review and determination of his grievance by the Hospital
Administrator. Such request shall be in writing and shall contain a statement
of the specific nature of the grievance and the facts relating to it. Such
request shall be served upon both the Hospital Administrator and the immediate
superior to whom the grievance was originally presented. Thereupon and within
two days after receiving such request, the immediate superior shall submit
to the Hospital Administrator a written statement of his information concerning
the specific nature of the grievance and the facts relating to it.
B.
The Hospital Administrator may, and at the request of
the employee shall, hold a hearing within five days after receiving the written
request and statement from the employee. The employee and his representative,
if any, may appear at the hearing and present oral statements or arguments.
C.
Within five days after the close of the hearing, or within
eight days after the grievance has been submitted to him if there shall be
no hearing, the Hospital Administrator shall make his decision and communicate
the same to the employee presenting the grievance and to the employee's
representative, if any.
D.
Thereafter, should the employee not be satisfied with the decision made by the Hospital Administrator, he may, utilizing the same procedures contained in Subsections A, B and C, request a review by the Executive Committee of the Board of Managers of the Massena Memorial Hospital, which shall review the entire case in the same manner prescribed herein for review by the Hospital Administrator.
A.
A Grievance Board of three members is hereby established
to hear appeals from decisions of department heads on grievances.
B.
The members of the Grievance Board shall be appointed
by the Town Board, to serve at the pleasure of the Town Board.
C.
A hearing of any matter before the Grievance Board may
be conducted by any one or more members of the Board, designated by the Board
to act on its behalf; provided, however, that if less than the full Board
presides at such a hearing, the member or members thereof conducting such
hearing shall render a report thereon to the full Board and the full Board
shall thereupon make its report.
D.
Two concurring votes shall be necessary to determine
any official report or action of the Grievance Board.
E.
Necessary funds, supplies, facilities and personnel to
implement the operation of the Grievance Board shall be provided by the Town
Board pursuant to budgetary appropriation.
F.
The Grievance Board may make and amend rules and regulations
for the conduct of its proceedings, not inconsistent with the provisions of
this chapter. A complete and up-to-date set of such rules and amendments shall
be kept on file in the Town Clerk's office.
A.
An employee may appeal from the decision of the department
head or Hospital Executive Committee within 15 days after notice of such decision.
The appeal shall be taken by submitting to the Grievance Board a written statement
signed by the employee taking the appeal, containing:
(1)
The name, residence address and department of employment
of the employee presenting the grievance.
(2)
The name, residence address and department of employment
of each other employee or official involved in the grievance.
(3)
The name, address and employment of the employee's
representative, if any.
(4)
A concise statement of the nature of the grievance, the
facts relating to it and the proceedings and decisions on the grievance up
to the time of the appeal.
(5)
A request for a review of the decision of the department
head or Hospital Executive Committee.
B.
The Grievance Board may request the department head or
Hospital Executive Committee to submit a written statement of facts, including
a summary of the record of the hearing, if there was a hearing, and the original
or true copy of any other record or document used by the department head or
Hospital Executive Committee in making its decision. Such written statement
shall be submitted within three days after request by the Grievance Board.
C.
The Grievance Board shall hold a hearing within 10 days
after receiving the written request for review. It shall give at least three
days' notice of the time and place of such hearing to the employee, the
employee's representative, if any, and the department head or representative
of the Hospital Executive Committee, who shall be entitled to be present and
to be heard at the hearing.
D.
The hearing on the appeal may be held in public or in
private as determined by the Grievance Board.
E.
New evidence, testimony or argument, as well as any documents,
exhibits or other information submitted to the department head or Hospital
Executive Committee at the hearing held by it may be introduced at the hearing
by the employee, by the department head or Hospital Executive Committee or
upon request of the Grievance Board.
F.
The hearing may be adjourned from time to time by the
Grievance Board if in its judgment such adjournment is necessary in order
to obtain material evidence. The total of all such adjournments, however,
shall not exceed 10 days, except that adjournments consented to by both the
employee and the department head shall not be counted in determining the total
days of adjournments as herein limited.
G.
The Grievance Board shall not be bound by formal rules
of evidence.
H.
A written summary shall be kept of each hearing held
by the Grievance Board.
I.
The Grievance Board shall make its report in writing
within five days after the close of the hearing. It shall immediately file
its report and the written summary of the proceedings with the Town Clerk
and shall at the same time send a copy of its report to the employee, the
employee's representative, if any, the department head or the Hospital
Executive Committee, the Town Board and the local Civil Service Commission,
if appropriate. The report shall include a statement of the Board's findings
of fact, conclusions and advisory recommendations.
J.
The report of the Grievance Board shall be final.
