|
Town
of Cloverland Employee
Grievance Procedure Purpose:
This grievance procedure is adopted pursuant to s. 66.0509(1m), Wis.
Stat., and is intended to provide a timely and orderly review of disputes
regarding: a) employee terminations, b) employee discipline, and c)
workplace safety. Definitions for terms used in this
document: "Days":
means calendar days, excluding legal holidays as defined in s. 995.20,
Wis. Stat. "Discipline":
means any employment action that results in disciplinary suspension
without pay, disciplinary reduction in pay or other benefits, disciplinary
demotions and terminations. The
term "discipline" does not include verbal notices or
reminders, written reprimands, performance evaluations, documentation of
employee acts and/or omissions in an employment file, non-disciplinary
demotions, non-disciplinary adjustments to compensation or benefits,
actions taken to address job performance such as establishment of a
performance improvement plan or job targets; placing an employee on paid
leave pending an internal investigation; or other personnel actions taken
by the employer for non-disciplinary reasons. "Hearing Officer":
means the impartial hearing officer required pursuant to s.
66.0509(1m)(d)2, Wis. Stat. The
hearing officer will be selected and appointed by the town board at such
time as a grievance is filed. The
hearing officer shall not be an employee of the Town of Cloverland, Vilas
County. "Termination":
means a discharge from employment for rule violations, poor performance,
acts detrimental to the employer or other acts of misconduct.
The term "termination" does not include: a
voluntary quit, completion of seasonal employment, completion of temporary
assignment, completion of contract, layoff or failure to be recalled from
layoff at the expiration of the recall period; retirement, job abandonment
("no call, no show" or other failure to report to work); or
termination of employment due to medical condition, lack of qualification
or license, or any other cessation of employment not involving involuntary
termination. "Workplace Safety":
means any alleged violation of any standard established under state law or
rule or federal law or regulation relating to workplace safety. Process and Timelines: 1. The employee must file a written
grievance with the town clerk within 10 days of the termination,
discipline or actual or reasonable knowledge of the alleged workplace
safety issue. So that an
earnest effort can be made to resolve the matter informally, the grievant
must discuss the issue with his/her immediate supervisor prior to filing
the written grievance. However,
in the case of a termination, such a meeting is not required.
Grievance forms may be obtained from the clerk.
The town clerk shall inform the employee's immediate supervisor and
the town chair about receipt of the written grievance as soon as
practicable. 2. The
employee's immediate supervisor will meet with the grievant within 10 days
of receipt of the written grievance.
The supervisor will provide the grievant with a written response
within 10 days of the meeting. A copy of the supervisor's response shall
be filed in the clerk's office. If no one has been designated the
employee's immediate supervisor, the employee will meet with the town
chair who shall then provide the written response. 3. The employee may request an
appeal to the hearing officer by filing a written request with the town
clerk within 10 days of receiving the written response.
The town clerk shall notify the town chair and employee's
supervisor about the filing of the request for a hearing as soon as
practicable. The town will
work with the hearing officer and grievant to schedule a mutually
agreeable hearing date. 4. The hearing officer shall
provide the employee and employee's supervisor with a written decision no
later than 30 days after the hearing date. The hearing officer shall also
provide the town clerk with a copy of the decision for filing in the
clerk's office. 5. The non-prevailing party may
file a written request with the town clerk for an appeal to the town board
within 10 days of receipt of the hearing officer's decision.
The clerk shall notify the town chair about the request as soon as
possible. The town board
shall decide the matter and issue a written decision within 45 days of the
filing of the appeal. The town board may sustain, deny the
recommendation of the impartial hearing officer.
The decision of the town board shall be final and binding.
A copy of the board's decision shall be provided to the employee
and filed in the town clerk's office. 6. All timelines may be extended by
mutual written agreement of the town board and employee.
Without such agreement, a failure of the employee to adhere to any
of the specified timelines shall preclude any further consideration of the
grievance. 7. If the last day on which an event is
to occur is a Saturday, Sunday, or legal holiday, the time limit is
extended to the next day which is not a Saturday, Sunday or legal holiday. A grievance or request for an appeal is considered timely if
received by the town clerk during normal business hours or if postmarked
by 11:59 p.m. on the due date. 8. If the grievance is not answered
within the time limits, at any stage, the employee may proceed to the next
available step within 7 days. 9. The grievant and town board may
mutually agree in writing to waive a step or multiple steps within the
procedure. 10. Granting the requested or
agreed upon remedy resolves the grievance. Grievance Requirements: The written grievance must contain:
1. A statement of the pertinent facts surrounding the nature of the
grievance. 2. The date the
incident occurred or the date the alleged workplace safety concern was
discovered. 3. The steps
taken to informally resolve the grievance, the individuals involved in the
attempted resolution, and the results of such discussion.
4. The specific remedy requested; and 5. A
description of the workplace safety rule alleged to have been violated, if
applicable. Supervisor's Response: The supervisor's written response to the
employee's written grievance must contain: 1. A statement
of the date the meeting between the employee and supervisor was held.
2. A decision as to whether the grievance is sustained or denied. Procedure Before the Hearing Officer:
The hearing officer shall define the issues, identifying areas of
agreement and identifying the issues in dispute and hear evidence and
arguments. The hearing
officer will determine whether the town acted in an arbitrary and
capricious manner. A decision will not have been arbitrary or capricious
if it was made in the best interest of the town.
In all cases, the grievant shall have the burden of proof to
support the grievance. This process does not involve a hearing before a
court of law; thus, the rules of evidence will not be strictly followed.
However, no factual findings may be based solely on hearsay
evidence. The hearing officer may require the
employee and town to submit materials related to the grievance and witness
lists in advance of the hearing in order to expedite the hearing. The
hearing officer shall sustain or deny the decision of the employee's
supervisor. The hearing officer is not given authority to modify the
decision made by the employee's supervisor.
The hearing officer is not given authority to grant in whole or in
part the specific request of the grievant.
Within 30 days after the hearing, the hearing officer will issue a
decision in writing indicating the findings and reasons for the decision. If the hearing officer's decision on any
grievance is appealed, only the issues raised in the hearing may be
appealed. Issues are not
subject to modification in the appeal process. Hearing Officer's Decision:
The hearing officer's written
decision must contain:
1. A statement of pertinent facts surrounding the nature of the
grievance. 2. A decision
as to whether the grievance is sustained or denied, with the rationale for
the decision.
3. A statement outlining the timeline to appeal the decision.
Representation:
Both the employee and the town may be assisted by a representative of
their own choosing in person or by teleconference at any point during the
grievance process. Consolidation:
The employee's immediate supervisor and/or the hearing officer may
consolidate grievances where a reasonable basis for consolidation exists. If more than one employee is grieving the
same issue or circumstance, a single grievance form may be used.
A group grievance must be signed by all grieving employees and must
indicate that it is a group grievance at the first step in the grievance
process. Costs:
Any expense incurred by an employee in investigating, preparing, or
presenting a grievance shall be the sole responsibility of the employee.
Each party (employee and employer) shall bear its own costs for
witnesses and all other out-of-pocket expenses, including possible
attorney fees. The fees of
the impartial hearing officer shall be divided equally between the parties
with the employee(s) paying half and the employer paying the other half.
The fees of the hearing officer will be $200. |