[Adopted 8-21-1996 (Ch.
16 of the 2016 Code)]
It is the purpose of this article to provide a procedure whereby
employees may resolve disputes or complaints concerning the terms
or conditions of their employment.
The Village of Bloomfield recognizes that every employee has
the right to be treated fairly in matters arising from employment
by the Village; that each employee should have the opportunity to
be heard fully any time his right to fair treatment has been violated;
and that a carefully designed grievance process can help to reduce
personnel dissatisfaction, increase morale, identify problems in the
organization and increase the positive perception employees have of
their employment with the Village. Therefore, whenever an employee
believes that he has been treated unfairly with regard to the terms
and conditions of his employment, he may initiate proceedings as specified
in this article in order to resolve those matters.
As used in this article, the following terms shall have the
meanings indicated:
All permanent, probationary or regular part-time employees.
"Regular part-time employees" are those who work 20 hours per week
or more on a continuous basis for at least six months.
A.
The grievance procedures set forth in this article are applicable
only to eligible employees.
B.
This grievance procedure shall not be used in addition to other grievance
procedures as may be in effect through the governing jurisdiction.
Under no circumstances shall more than one procedure be used to redress
the same grievance, although use of this or other procedures does
not preclude employees from seeking legal remedies as appropriate.
C.
The Village retains the right under applicable laws and regulations
to direct employees in the performance of their duties, to take the
necessary means to achieve the proper ends under emergency situations,
and to hire, promote, transfer and assign employees, as well as to
suspend, demote, discharge or take disciplinary action against such
employees for just cause.
D.
This grievance procedure is not applicable to matters for which an
appeal process is otherwise provided and may not be used in addition
to or in replacement of those processes.
E.
The scope of the employee grievance must:
(1)
Clearly define the situation in question through a written allegation
of the specific wrongful act or situation, the harm done and the facts
upon which it is based;
(2)
Arise out of an act or failure to act that directly relates to the
working conditions of the eligible employee or to the employee's employment
relationship;
(3)
Define a matter within the control of the department; and
(4)
State such relief sought that is within the power of the department
to grant.
F.
Grievance
must be signed by the complainant.
A.
The grievance procedure established by the Village consists of two
steps for appeal, each of which must be utilized in turn before appeal
is made to the next step, unless otherwise specified in this article:
(1)
Step One: immediate supervisor. An employee who believes that elements
of his working environment are unsatisfactory and can be made more
effective should take the following measures:
(a)
Discuss the specific problem with his immediate supervisor.
A problem that results from a specific event or action must be presented
within seven days. The supervisor's decision regarding the matter
shall be rendered, in writing, to the employee within seven calendar
days following the conference. The employee has the right to the presence
of a representative of his choosing during this conference.
(b)
If the problem cannot be resolved through the conference and/or
the employee wishes to document the grievance for further action,
he may submit a formal written grievance to the Village Mayor or Trustee.
(2)
Step Two: Village Mayor or Trustee. If the matter is not satisfactorily
resolved in Step One, the problem may be presented, in writing, to
the Village Mayor or Trustee on the designated form, together with
a copy of all preceding responses, within seven days following the
response of the employee's supervisor. The grievance must:
(a)
Be submitted within seven days following receipt of the immediate
supervisor's response;
(b)
Include a copy of the immediate supervisor's decision and justification;
(c)
Specify the employee's grievance and the specific remedy requested;
and
(d)
Provide a response to the immediate supervisor's decision within
seven days of receipt.
(3)
The Village Mayor or Trustee shall meet with the affected employee
and a representative of his choosing, if so desired. A written response
will be provided to the employee within seven days after receipt of
the appeal from the employee.
B.
Written responses to grievances. Written responses to grievances
shall include the following:
C.
Time limits. If a grievance is not processed by the aggrieved employee
within the specified time limits provided in this article, the grievance
shall be considered void. If the department fails to process a grievance
within the time limits specified, the employee may initiate action
by proceeding to the next step. However, employees are encouraged
to make a reasonable attempt to determine the reason for the delay.
D.
Time extensions. All times specified in this procedure are subject
to scheduled vacations, sick leave or other authorized leave necessary
for the proper conduct of departmental business. Additionally, involved
parties may request one extension not to exceed seven days by providing
written notice to the other parties prior to the expiration of the
time limit established for that step.
E.
Withdrawal of grievance. At any time during the grievance process,
the employee may withdraw the grievance by making written notification
of the withdrawal available to all parties involved in the grievance
process.
F.
Coordination of grievance procedures. The Village Mayor shall designate
an officer who shall coordinate the Village's grievance procedures
as established with these guidelines. This officer shall also be responsible
for:
Once the department's grievance procedure has been exhausted,
an employee and his representative have the right to explain and argue
the grievance before an appeal panel. The panel consists of appointed
representatives from the Village Board, a departmental representative
who is responsible for explaining the department's position and any
other Village employee who the aggrieved employee may select as his
representative. The hearing is informal and no record will be kept
of the proceedings, although there is a right to cross-examination.
Findings of the appeal panel shall be rendered within 15 days of the
hearing and are binding upon all parties involved.
