ST. LOUIS COUNTY EMPLOYEE GRIEVANCE POLICY AND PROCEDURE

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1 ********************************************************* ST. LOUIS COUNTY EMPLOYEE GRIEVANCE POLICY AND PROCEDURE ********************************************************* Revised: December 1, 1970 December, 1971 March 23, 1976 April 20, 1976 January 20, 1993 September 17, 1998 September 10,1999 December 18, 2009

2 ST. LOUIS COUNTY EMPLOYEE GRIEVANCE POLICY It is the policy of the Civil Service Commission of St. Louis County to offer fair and equal employment and conditions of employment for all persons regardless of race, color, religion, sex, national origin, age, disability/handicap condition, sexual orientation, marital status, veterans status, or political affiliation. Further, the Civil Service Commission has established a grievance procedure to ensure prompt and fair resolution of employee complaints. The Commission has approved the following procedure to provide for an orderly and systematic review and resolution of employee complaints or grievances. Persons having questions or concerns about this policy may contact the Division of Personnel at or TTY Questions or concerns about the use of this grievance procedure to address complaints which include issues related to the Americans with Disabilities Act of 1991 may also contact the County ADA Coordinator at or TTY (See Appendix A.) Alternative formats for this publication (large print, Braille, audio tape) are available upon request. Please contact Ruth Rollins at (voice) or (TTY). 1

3 EMPLOYEE GRIEVANCE PROCEDURE I. PURPOSE OF A GRIEVANCE PROCEDURE It is almost inevitable that over a period of time there will be some difficulties and misunderstandings in any organization. An employee problem exists when an employee feels dissatisfied or annoyed with some aspect of his/her work over which he/she has no control. These problems are often referred to as grievances. It is important to employees and supervisors alike that these problems be presented and decisions made. Unless the problem is expressed clearly to the person in authority, often the difficulty cannot be understood and, therefore, cannot be resolved. The Civil Service Commission has adopted the procedure outlined in this manual to be used by any employee who sincerely feels he/she has a real work problem and who desires that it be reviewed by higher authorities. The objective of this manual is to describe to the employee, the immediate supervisor and the higher authorities the steps to be used to provide an answer to employee problems. However, employees are also encouraged, without resort to this formal procedure, to discuss informally with superiors any problems within the scope of the grievance procedure. Supervisory and administrative personnel are to be accessible for such discussion. II. GENERAL PROVISIONS OF THE GRIEVANCE PROCEDURE A. The following definitions shall be used in the application of this procedure: 1. "Employee problem or grievance" is a perceived wrong which causes an employee to feel dissatisfied or annoyed with some aspect of his/her work situation. 2. "Employee" means any employed person with probationary or permanent status in the classified service of St. Louis County under the provisions of Article VII of the County Charter. 3. "Immediate supervisor" means the person who assigns and is responsible for the work of the employee. 4. "Division head" means the director of a division within a principal department. In some instances, this may be a unit head lawfully designated as an appointing authority by the department head. 2

4 5. "Department head" means the head of a principal department appointed by the County Executive. B. Whenever possible, grievances will be handled during the regularly scheduled working hours of the persons involved. C. The time limits in this procedure may be extended by mutual consent or unusual circumstances. A statement indicating the nature of the extension must be noted on the Grievance Procedure Form. If one of the parties wishes an extension of time and the other party does not agree, the person desiring the extension may request, in writing, the Personnel Director grant the extension, indicating at the same time the justification for the extension. After discussion with both parties, the Personnel Director shall notify the parties of his/her decision within two work days following receipt of the request. D. In the event of the unavailability of a supervisor or administrator during the processing of a grievance, the grievance shall be handled by that person's designated substitute. If this is not practicable, the grievance shall then be processed at the next higher step in the procedure. E. Any problem or grievance shall be considered settled at the completion of any step, if all parties are satisfied. Dissatisfaction of any party involved is implied in the movement of the grievance from one step to the next. F. The Grievance Procedure Form shall be used in processing employee problems or grievances. G. The filing of a grievance and the entire grievance procedure is to operate without discrimination, restraint, coercion, or reprisal on the part of any supervisor or employee. The filing of a grievance, or the intention to file, does not relieve an employee in any way of his/her responsibility to perform any and all assigned duties promptly and completely. H. When the organizational structure or special departmental circumstances do not permit the normal steps to be followed in processing a grievance, the Personnel Director, with the approval of the Civil Service Commission, may modify or interpret the plan so as to provide fair and equitable procedures to be used. I. An employee complaint, dissatisfaction or problem need not be submitted or accepted by management as a grievance subject to the grievance procedure if the employee fails to file the written grievance, as required in step two, within thirty calendar days following the date of the incident, event or activity which gave rise to the grievance. J. In the event a grievance is filed which involves two or more employees in the same

5 or similar event, happening or condition, the Personnel Director may rule that all grievants will be governed by one grievance form and resulting decision, and the grievance will be submitted jointly by the employees affected. The department, Personnel Director and Civil Service Commission need not rule on each individual grievant's case separately when the aforegoing conditions are present. III. MATTERS INCLUDED IN THE GRIEVANCE PROCEDURE The variety of employee problems which may occur in the work situation could indeed be numerous. It is impossible, therefore, to list here all aspects of the work environment which could conceivably lead to employee problems or grievances. Yet it is possible to place most employee problems into broad groupings. It is expected that the major types of employee problems included in this grievance procedure could be grouped as follows: A. The methods and working conditions of the employee's position, including work assignments, hours, overtime required, etc. B. Relationships with supervisory personnel and fellow employees. C. Suspensions of30 days or less in any twelve month period according to the following schedule: Any suspension that begins on or after January 1, 2001, and with authorization by the Civil Service Commission Rules, that is greater than or equal to eight (8) days, is grievable; Any suspension that begins on or after July 1, 2001, and with authorization by the Civil Service Commission Rules, that is greater than or equal to five (5) days, is grievable; Any suspension that begins on or after January 1,2002, and with authorization by the Civil Service Commission Rules, that is greater than or equal to three (3) days, is grievable; and Any suspension that begins on or after July 1, 2002, and with authorization by the Civil Service Rules, is grievable. D. The implementation of County merit system rules or departmental regulations or procedures as applied to the employee.

6 There is no need to force an employee problem to fit into one of the above groupings to have it considered as a grievance. The important consideration is that it must be a problem specifically related to the work situation. If the facts are stated specifically, accurately, and understandably, the matter will be considered by management and equitably settled. IV. MATTERS NOT INCLUDED IN THE GRIEVANCE PROCEDURES There are some types of employee problems beyond the scope of this grievance procedure. These matters would be handled through other established procedures incorporated in the County Charter, merit system ordinances and the Rules of the Civil Service Commission. These established procedures will be explained by the Division of Personnel or by supervisors in the department, if an employee has need to use them. The most important problem areas which are not included in the grievance procedures are the following, since an appeal procedure in these areas already exists under the Commission's rules and procedures: A. Classification of positions B. Compensation, including established overtime provisions C. Fringe benefits established by ordinance or Civil Service Commission rule D. Employment status, including dismissals, layoffs, demotions and suspensions of more than thirty (30) days in any twelve month period E. Examinations and promotions F. Appeals of official employee performance ratings G. Any other matter subject to appeal to the Civil Service Commission V. THE STEPS OF THE GRIEVANCE PROCEDURE Step One: A. The employee will explain orally the situation and problem to the employee's immediate supervisor. B. The immediate supervisor will either alone or after consultation with his/her superiors reach a decision and communicate it orally to the employee within five work days after being informed of the situation causing the grievance.

7 C. Every possible effort should be made by all parties concerned to settle employee problems at this level on an oral basis. Step Two: A If the employee is not satisfied with the oral decision rendered, he/she will submit the problem in writing on the Grievance Procedure Form to his/her immediate supervisor within five working days of the oral response. The problem being submitted shall also include a proposed solution. A copy of the Grievance Procedure Form shall also be sent to the Division of Personnel for information purposes. B. The immediate supervisor either alone or after consulting his/her superiors will notify the employee in writing of his/her decision in the appropriate space on the Grievance Procedure Form. This form shall be returned to the employee within five work days following the receipt of the written complaint. Step Three: A If the grievance is not settled at the second step, the employee may submit the grievance in writing to the employee's Department Head by the use of the appropriate space on the Grievance Procedure Form. If the grievance involves ADA related complaints the Department Head shall also send an informational copy to the departmental ADA representative and to the County ADA Coordinator. (See Appendix A) B. The employee's Department Head shall use the appropriate space on the Grievance Procedure Form to notify the employee of his/her decision or, if the Department Head so chooses, he/she may delegate an appropriate Division Head to respond. This form with response shall be returned to the employee within five work days following the receipt of the written complaint. C. The Department Head may reject any grievance received later than five work days after the date the written decision was returned to the employee by the immediate supervisor. Step Four: A If the problem is not settled at the third step, the employee may submit the grievance in writing to the Personnel Director. The Personnel Director will be responsible for grievance mediation, and he/she or his/her authorized representative from the Division of Personnel shall conduct an impartial investigation, and may hold interviews and meetings with both parties. Any

8 grievance being investigated which involves ADA related issues shall be reviewed with the County ADA Coordinator for input and recommendation. B. Following investigation, the Personnel Director will propose to the employee and/or the Department Head alternatives, settlements, or other arrangements as appropriate to achieve a mutually agreeable resolution to the grievance. C. The Personnel Director will return the Grievance Procedure Form with a response to the employee within seven work days following receipt of the written complaint. D. The Personnel Director need not act on any grievance received later than five work days after the employee has received a written answer to his/her grievance in Step Three from the Division and/or Department Head. Step Five: A. If an employee does not have his/her grievance settled in a satisfactory manner through the mediation efforts of the Personnel Director, he/she may file an appeal with the Civil Service Commission. The employee shall complete the appropriate space on the Grievance Procedure Form and submit it to the Civil Service Commission within five work days following the date the written decision was returned to the employee by the Personnel Director. B. The Civil Service Commission shall review the record of the appeal at its next regularly scheduled meeting, and, if they choose, may schedule an informal hearing to obtain any additional information the Commission deems necessary. Such hearing shall be held by the Commission, or by a representative authorized by the Commission to serve as the hearing officer. C. Any problem under consideration by the Civil Service Commission which involves the need for additional funds shall be referred by the Commission to the County Executive, prior to any decision by the Commission. The Commission shall obtain from the County Executive an analysis or decision as to the fiscal policy of the County in the matter under consideration. D. The Commission shall notify the employee and the Department Head in writing of its decision within thirty calendar days following their review. However, in cases where a decision is dependent upon information received from the County Executive or other official sources, or where the Commission schedules an informal hearing, the Commission shall transmit its decision within thirty calendar days following the receipt of such information or within thirty days following such hearing. E. Upon receipt of the Commission's decision, the employee and department

9 head shall carry out the terms of the decision with the appropriate action, and each shall so notify, in writing, the Civil Service Commission within five work days following the receipt of the Commission's decision that the action required has been taken and appropriately documented with the Division of Personnel. VI. EXPLANATION OF THE STEP PROCEDURE Steps One and Two: The immediate supervisor is the leader of the group in the work situation and their representative in dealings with the rest of the organization. She/He is the one who assigns and reviews the work of the employee and is, therefore, the one most familiar with working conditions. The immediate supervisor is also one of the most important links in the communication system in an organization. To be an effective leader the supervisor must have information from both sides. A well-operating grievance procedure can serve to get information from those who have it to those who need it to act intelligently in employee relations. A fundamental principle of all problem and grievance handling is that the employee should try to settle his/her problem by going first to his/her immediate supervisor. The employee has two chances to tell the supervisor about the problem; once orally and once in writing. This means both paliies have sufficient time to think about the problem. Both orally and in writing, the employee should be specific about the nature of the problem. She/He should be sure that the problem is stated in a way that others can verify. General terms mean different things to different people, but specific statements usually can be understood. Step Three: Even when both parties understand one another, differences of opinion may exist. This step gives the employee a chance to have his/her grievance heard by higher authorities in the department. Only serious grievances will get this far in the procedure, and then only if the employee thinks that new views are required to arrive at a fair decision. Step Four: A successful grievance procedure allows for reasonable compromise by both the department and the employee in reaching a mutually agreeable joint solution to the problem. In this step, the Personnel Director seeks areas of compromise or alternatives which will provide an equitable solution for all parties concerned. By means of this mediation effort, a mutually agreeable solution can be attained in most grievances.

10 Step Five: This step permits an outside group to provide an impartial approach to problem situations in employee relations. The Civil Service Commission makes a final decision on the grievance problem because the County Charter places upon the Civil Service Commission authority and responsibility for matters involved in personnel administration for merit system employees.

11 APPENDIX A Division of Personnel: Director 41 South Central, 7th Floor Clayton, Missouri (314) Ms. Ruth Rollins Manager, Employee Relations 41 South Central, 7th Floor Clayton, Missouri (314) TTY (314) st. Louis County ADA Coordinator: Ms. Pat Dillon ADA Coordinator Division of Personnel, ih Floor Clayton, Missouri (314) TTY (314)

12 CONTENTS Page I. Purpose of a Grievance Procedure 2 II. General Provisions of the Grievance Procedure 2 III. Matters Included in the Grievance Procedure 4 IV. Matters Not Included in the Grievance Procedure 5 V. The Steps of the Grievance Procedure 5 VI. Explanation of the Step Procedure 8 Appendix A 10 Grievance Procedure Form

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