[HISTORY: Comes from Res. No. 375-1963 adopted 2-26-1963 and Order of the same date adopted pursuant thereto.]
[1]
Editor's Note: A preamble to the order establishing a grievance procedure for town employees provides:
In order to establish a more harmonious and cooperative relationship between the Town of Hempstead and its employees, it is hereby declared to be the policy of the administration of the town, and the purpose of this order of the Town Board, to provide for the settlement of employment differences through the means of an orderly grievance procedure.
A. 
Every employee of the town shall have the right to present his grievances in accordance with the procedure described herein, with or without a representative of his own choice, free from interference, coercion, restraint, discrimination and reprisal. There shall be no discrimination against any employee because such employee has formed, joined or chosen to be represented by any employee, organization or representative of his own choosing, whether an individual or association.
B. 
It is a fundamental responsibility of supervisors or those in charge, at all levels, to consider, and commensurate with the authority delegated by the head of the town department, board, agency or special district, to take appropriate action, promptly and fairly upon the grievances of their subordinantes. To this end, appropriate authority shall be delegated to supervisors and those in charge of the various employees by heads of town departments, boards, agencies, commissions and special districts.
C. 
The head of each department, board, agency, commission or special district shall be responsible for carrying out the provisions of this order and the regulations prescribed herein and maintaining the standards herein prescribed.
D. 
The informal resolution of differences prior to initiation of action under the formal grievance procedure is encouraged, and the heads of departments, boards, agencies, commissions or special districts of the town government, or their designated representatives, shall make themselves available at appropriate times for the purpose of discussing possible informal disposition of grievances as much as possible.
There is hereby established as an adjunct to the office of the Supervisor, a Board, to be known as the Grievance Board, which shall consist of three members appointed by, and to serve at the pleasure of, the Supervisor. One of such members shall be designated Chairman by the Supervisor. Any members of the Grievance Board who are employed by the town shall receive no additional compensation for service as such over their regular compensation as employees, except that they shall be allowed necessary travel expenses in the performance of their duties as such members of the Grievance Board.
[1]
Editor's Note: A Grievance Board of three members was appointed by Resolution No. 2090-1963, adopted 11-12-1963, which provided that the Board should take office immediately and should be vested with all the powers of such body as set forth in Article 16 of the General Municipal Law of the State of New York and the order of the Town Board adopted pursuant to Resolution No. 375-1963.
The Grievance Board, as established herein, is hereby charged with the responsibility of carrying out the standards, principles and procedures of the grievance procedure, as herein set forth, and is hereby empowered as follows:
A. 
To establish and maintain a program for resolving employee grievances relating to conditions of employment in the town government.
B. 
To promulgate such regulations as may be desirable and necessary to carry out the provisions of this order of the Town Board, and to review and approve formal grievance procedures established by departments, boards, agencies, commissions and special districts of the town government pursuant to this order and pursuant to any such regulations.
C. 
To hold hearings, to conduct investigations, to appoint fact-finding or advisory committees as witnesses, and to require the production or examination of records, books and papers of departments, boards, agencies, commissions or special districts of the town relating to matters before the Board; provided, however, that records, required by law to be confidential, shall not be subject to being produced.
D. 
To report to the Supervisor, for such action as the Supervisor may deem necessary, the failure of any department, board, commission, agency or special district to establish properly or maintain satisfactorily the standards, principles, determinations and procedures embodied in or authorized by this order.
E. 
To the best extent possible, to see that all employees are fully informed of their rights under the grievance procedure established herein.
F. 
To render advice and assistance to employees and to administrative officers of the various departments, boards, agencies, commissions and special districts of the town government in any manner relating to the establishment or use of the procedures provided for or adopted pursuant to this order.
The head of each department, board, agency, commission or special district of the town shall, subject to the approval of the Grievance Board, establish formal procedures for the submission of grievances by employees and for the prompt and orderly consideration and determination of such grievances by supervisors of the various departments, boards, agencies, commissions and special districts of the town government, or the heads thereof. Whenever practicable, with due consideration to the organization, size and geographical spread of a department, board, agency, commission or special district, the procedure for each such department, board, agency, commission or special district shall provide for no more than two procedural stages, as follows:
A. 
The first stage shall consist of the employee's presentation of his grievance to his immediate supervisor, who shall, to the extent necessary or appropriate, consult with and permit the employee to consult with any of his higher ranking supervisors in direct line below the level of the department, board, agency, commission or special district head, or the designated representative thereof. The discussion and resolution of grievances in the first stage shall be on an oral basis. Group grievances should be presented in the first instance to the lowest ranking supervisor common to all employees in the group.
B. 
The final departmental stage shall be the determination of the grievance by the department, board, agency, commission or special district head or, at the election of such head, by a duly designated representative with full responsibility for the determination of grievances in the final departmental stage. If a grievance is not satisfactorily settled at a lower stage, the employee may request a review and determination thereof by the head of the department, board, agency, commission or special district, or the designated representative thereof. In such case, the specific nature of the grievance or the facts relating thereto shall be reduced to writing, jointly or separately, by the employee and by the appropriate supervisors. The head of the department, board, agency, commission or special district, or the designated representative thereof, shall, at the request of the employee, hold an informal hearing at which the employee and his representative may appear and present oral statements or arguments. There may be designated one or more officers or employees of the department, board, agency, commission or special district to conduct such informal hearing and to submit a report thereon with recommendations. The final determination of such grievances shall be made by the head of the department, board, agency, commission or special district, or the designated representative thereof. Whenever it is not practicable to limit departmental, board, agency, commission or special district procedures to two stages, such additional intermediate stages as may be necessary shall be established, subject to the approval of the Grievance Board.
An employee shall be entitled to a representative of his own choosing in the presentation and processing of a grievance at all stages of the grievance procedure.
The formal procedures established by each department, board, agency, commission or special district shall specify time limitations for the processing of grievances at each stage in order to insure prompt consideration and determination of employee grievances.
An employee and his representative, if such representative is another town employee, shall be allowed such time off from their regular duties as shall be necessary and reasonable for the processing of a grievance under the procedures adopted pursuant to this order, without loss of pay, vacation or other time credits as they may be entitled to by law.
An employee, within a time limit and upon compliance with the regulations of the Board, may appeal to the Board from a determination of the head of his department, board, agency, commission or special district, or the designated representative thereof, as the case may be, made pursuant to this order. Such employee shall be granted a hearing on such appeal before the Grievance Board, at which he shall be entitled to a representative of his own choosing, except that with the consent of the employee, such hearing may be conducted by one or more members of the Board instead of the full Board. If the appeal involves the enforcement of a law, civil service rule or regulation or a written rule, regulation or order of a department, board, agency, commission or special district, the findings of fact and the recommendations of the Board shall be transmitted to the department, board, agency, commission or special district involved for appropriate action in accordance with the facts found by the Grievance Board. In all other cases, the determination of the Board shall contain a statement of the facts and an advisory recommendation to the department, agency, commission or special district involved. Copies of the determination of the Board shall be sent to the employee, to his representative and to the Supervisor.
The provisions of this order and the procedures established hereunder shall be applicable in any department, board, agency, commission or special district to conditions which are, in whole or in part, subject to the control of the head of such department, board, agency, commission or special district and which involve alleged safety or health hazards, unsatisfactory physical facilities, surroundings, materials or equipment, unfair or discriminatory supervisory or disciplinary practices, unjust treatment by fellow workers, unreasonable assignments or working hours or personal time allowances, if any, unfair or unreasonable work quotas and all other grievances relating to conditions of employment; provided, however, that this order shall not apply to matters which are reviewable under administrative procedures established by law or under the Rules of the Nassau County Civil Service Commission or the rules of other departments, boards, agencies or commissions having the force and effect of the law, and provided further that the Supervisor may exempt any department, board, agency, commission or special district of the town government to which the application of the grievance procedure herein may not, in the judgment of the Supervisor, be practicable.