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72R-480 RESOLUTION NO. 72R- 480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 67R-411, PERSONNEL RULE NO. 31 - GRIEVANCE PROCEDURE. ,..~."""""",,- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM that Personnel Rule No. 31 - GRIEVANCE PROCEDURE, is hereby amended to read as follows: "RULE 31. GRIEVANCE PROCEDURE Section 31.0 Employee grievances shall be handled in the following manner: 31.01 31.02 31.03 ,"'-~ First Stet. An attempt shall be made to aaJust al grievances on an informal basis between the employee and/or his designated representative and a supervisor in the employee's chain of command, up to and in- cluding his division head, within five (5) working days after the occurrence of the incident involved in the grievance. The division head shall deliver his answer with- in five (5) working days after submission of the grievance to him. Second Step. If the grievance is not satis- factorily adjusted in the First Step, it shall be submitted in writing to the employee's department head within five (5) working days after the division head's answer is received by the employee and/or his designated repre- sentative. The department head shall meet with the employee and/or his designated repre- sentative within ten (10) working days after submission of the grievance to him. The department head shall review the grievance and may affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and/or his designated representative within five (5) working days after said meet- ing. Third Step. If the grievance is not satis- factorily adjusted in the Second Step, it shall be submitted to an impartial arbitrator for a final and binding decision, or, if the City Manager and the employee and/or his de- signated representative agree, it shall be submitted to the City Manager for a final and binding decision. Such submission must occur within thirty (30) days after the department head's answer is received. If submitted to the City Manager, the City Manager or his assistant shall meet with the employee and/or his designated representative within ten (10) working days after submission of the grievance to him. The City Manager or his assistant may affirm, reverse, or modify -1- .,.e'_. as he deems appropriate, the disposition made at the Second Step. The City Manager or his assistant shall deliver his decision to the employee and/or his designated representative within five (5) working days after said meet- ing, and such decision shall be final and binding on both parties. In order to request arbitration, either party shall serve written notice to the other party specifying the grievance to be submitted. The parties shall thereafter attempt to resolve the issue and select the arbitrator. If such written notification and selection of the arbitrator is not completed within thirty (30) days after the department head's answer is received by the employee and/or his designated representative, then either party may take action to compel arbitration. Failure to take action to compel arbitration within thirty (30) days will conclusively be deemed abandonment of the right to compel arbitration. All expenses of the arbitration shall be borne equally by the parties. The arbitrator's decision shall be final and binding on both parties, it being agreed that the arbitrator shall have no powers to add to or subtract from nor to modify any of the terms of any memorandum of understanding be- tween the parties and that the arbitrator's award shall be consistent with and controlled by the Personnel Rules, Ordinances and Charter of the City of Anaheim, and the laws and Con- stitution of the State of California. The arbitrator will be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) days after the conclusion of the hearings, unless the parties agree otherwise. 31.04 Any grievance not presented and/or carried forward by the employee and/or his designated representative within the time limits speci- fied in Sections 31.01, 31.02 and 31.03 shall be deemed null and void, provided, however, the employee and/or his designated representa- tive and the City representative may agree to continue said time limits. Section 31.1 Any alleged violation of the Personnel Ordin- ance or Personnel Resolution, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures shall be considered to be a matter subject to review through the grievance procedure. 31.12 No supervisor shall be represented in grievance matters by an employee whom he may supervise. Section 31.2 Any adoption, deletion, or revision of City policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure." -2- ,~-_.....- BE IT FURTHER RESOLVED that this Resolution is not applicable to employees in the following job classes, and the provisions of Resolution No. 67R-411 shall remain in full force and effect for such job classes: ~ Appliance Repairman Apprentice Electric Meterman Apprentice Lineman Apprentice Maintenance pipe fitter Apprentice Pump Repairman Apprentice Substation Electrician Area Distribution Operator Cable Splicer Crane Operator Electrical and Air Conditioning Leadman Electrical Helper Equipment Operator Heavy Equipment Operator Journeyman Electric Meterman Laborer Line Crew Foreman Line Truck Operator Lineman Maintenance pipefitter Maintenance Pipefitter Leadman Me'tal Sheathed Cable Splicer Met:er Reader PUIllP Repairman Senior Distribution Operator Senior Electric Meterman Senior Pump Repairman Senior Substation Electri- cian Senior Substation Test Technician Senior Water Meter Repair- man Service Center Assistant Service Crew Foreman Stadium Air Conditioner Repairman Stadium Electrician Substation Electrician Substation Test Technician Utility Serviceman Utility Serviceman - Special Hours Utilities Troubleman Water Meter Repairman BE IT FURTHER RESOLVED that the effective date of this Resolution shall be October 6, 1972. THE FOREGOING RESOLUTION is approved and signed by me this 19th day of October , 1972. " ATTEST: DENE M. DAOUST, CITY CLERK BlT~UV )J1, JCvvU7t.J/ Deputy C Y CLERK OF THE CITY OF ANAHEIM ~ -3- ms STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that ~ ~r~going Resolution No. 72R-480 was passed and adopted at alCLr~~'f1'1~r meeting of the City Council held on the 19th day of October , 1972 , by the following vote of the members thereof: - ~ AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that t~ Mayor of the City of Anaheim approved and signed said resolution on the 19th day of October , 19~. - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of October , 19 72 - DENE M. DAOUST, CITY CLERK By: ~U1</ ')n, .....::li'~ Deputy CITY CLERk OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-480 duly passed and adopted by the Anaheim City Council on October 19, 1972. DENE M. DAOUST, CITY CLERK By: ~~ )-/1,~~ City Clerk Deputy -