[Adopted 9-22 1969 as Part II of the Appendix
of the 1969 Code]
As used in this article, 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 article.
Any office, department, board, commission or other agency
of the government of the Incorporated Village of Massena, New York.
Any person directly employed and compensated by the Incorporated
Village of Massena, New York, except persons employed in the legislative
or judicial branch thereof.
Any claimed violation, misinterpretation or inequitable application
of the existing laws, rules, procedures, regulations, administrative
orders or work rules of the Incorporated Village of Massena, New York,
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.
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 Village 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 supervisor, orally, within two days
after the grievance occurs.
B.
The immediate supervisor shall discuss the grievance
with the employee, shall make such investigation as he deems appropriate
and shall consult with his 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 supervisor 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 be not satisfied
with the decision made by his immediate supervisor, 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 supervisor to whom the grievance was originally
presented. Thereupon, and within two days after receiving such request,
the immediate supervisor 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, or his nominee, 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 statement 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 be no hearing, the department head, or his nominee, shall make
his decision and communicate the same to the employee presenting the
grievance, and to the employee's representative, if any.
A.
A Grievance Board of three members is hereby established
to hear appeals from decisions of the department heads on grievances.
B.
The members of this Board shall be appointed by the
Board of Trustees to serve at the pleasure of the Board of Trustees.
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 Board of Trustees.
F.
The Grievance Board may make and amend the rules and
regulations for the conduct of its proceedings not inconsistent with
the provisions of this article. A complete and up-to-date set of such
rules and amendments shall be kept on file in the Village Clerk's
office.
A.
An employee may appeal from the decision of the department
head, or nominee of the department head, 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 and address of the employee's representative,
if any, and his department of employment if he be a fellow employee.
(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 his nominee.
B.
The Grievance Board may request the department head
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
a true copy of any other record or document used by the department
head or his nominee in making his 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 his nominee, all of whom shall be entitled to be present 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 his nominee at the hearing held by him may be introduced at
the hearing by the employee, by the department head, or his nominee,
or upon the 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
Village 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, the Board of Trustees and the local Civil Service Commission,
if appropriate. The report shall include a statement of the Board's
finding of fact, conclusions and advisory recommendations.
J.
The report of the Grievance Board shall be final.
This article may be amended at any time in accordance
with the general procedures and requirements in effect at such time
for the amendment of a resolution.
