10-27-25 - City Council Agenda - Laserfiche WebLink

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Page 16 3.10 Grievance Procedures The procedure established herein will be followed by an employee in presenting a grievance to the City. Failure to follow the steps within the stated time limits may result in a denial of the grievance on procedural grounds. Steps 1. An employee claiming a violation concerning the interpretation or application of a City policy shall, within 21 calendar days after such alleged violation has occurred, present the grievance in writing to the employee's immediate supervisor. Such written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the policy allegedly violated, and identify the remedy requested. A grievance not resolved in Step 1 shall be appealed to Step 2 within 15 calendar days after the supervisor's response in Step 1. Any grievance not appealed in writing to Step 2 by the employee within 15 calendar days shall be considered waived. 2. A grievance unresolved in Step 1 and appealed to Step 2 shall be submitted in writing to the City Administrator within 15 days. The City Administrator will give an answer to Step 2 within 15 calendar days after receipt. The written response of the City Administrator shall constitute the City's final response to the employee’s grievance. 3. If the grievance is not resolved in Step 2, and if the grievance relates to the interpretation of the City's Personnel Policy, the employee may appeal the grievance in writing to the City Council within 15 calendar days of receipt of the City Administrator's response in Step 2. Any grievance not appealed in writing to Step 3 within 15 calendar days shall be considered resolved. If appealed to the City Council, the Council may establish a date for hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within 15 calendar days of receipt of the written grievance. The written response of the City Council shall constitute the city's final response to the employee’s grievance. 4. Employees considered essential employees as defined by FLSA guidelines, not already covered by a collective bargaining agreement are entitled to appeal a grievance, not resolved in Step 3, to the Minnesota Bureau of Mediation Service. The employee has 15 days following receipt of the city's Step 3 answer to submit for mediation. The city will discuss and respond in writing to the Step 3 grievance at the mediation session scheduled by the Bureau of Mediation Services. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within 15 calendar days following the city's Step 3 answer. 5. A grievance unresolved in Step 4 and appealed to Step 5 by the employee shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The employee shall notify the city of its intention to arbitrate the grievance within 15 calendar days following the city's final Step 4 answer. If the parties are unable to agree on the selection of an arbitrator, the employee shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with the "Rules Page 77 of 166