Sec. 14-111. - Policy.

It is the policy of the town to provide a just and prompt procedure for the presentation, consideration and disposition of employee grievances as set forth below. The purpose of this article is to outline the procedure and to assure all employees that a response to their complaints and grievances will be prompt and fair.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-112. - Grievance defined.

The term "grievance" is defined as any matter of employee concern or dissatisfaction within the control of the town. Examples of problems for which grievances may be filed include the following:

(a)

Safety or health matters;

(b)

Unsatisfactory physical facilities, surroundings, materials, or equipment;

(c)

Alleged unfair or discriminatory disciplinary or supervisory practices;

(d)

Alleged unjust treatment by fellow workers;

(e)

Unreasonable work quotas; or

(f)

Any other grievance related to conditions of employment.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-112.1. - Time.

In computing any period of time prescribed by section 14-110, 14-130 or under this article, grievance and conflict resolution procedure, the day of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or official town holiday (as established by or under the authority of section 14-68 of the Town Code), in which event the period runs until the end of the next day which is not a Saturday, Sunday or official town holiday. Days shall be considered calendar days except that any intermediate official town holidays (as established by or under the authority of section 14-68 of the Town Code), shall be excluded in the computation.

(Ord. No. 2001-11-26/O-4, § 2)

Sec. 14-113. - Purposes of grievance procedure.

The purposes of the grievance procedure include but are not limited to the following:

(a)

Providing employees with a procedure by which their complaints can be considered promptly, fairly and without reprisal;

(b)

Encouraging employees to express themselves about the conditions of work which affect them as employees;

(c)

Promoting better understanding of policies, practices and procedures which affect employees;

(d)

Increasing the confidence that employees have that personnel decisions are in accord with established, fair, and uniform policies and procedures;

(e)

Increasing the sense of responsibility which supervisors exercise in dealing with their employees.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-114. - Procedure.

The following steps shall be followed in all employee grievances. All grievances must be in writing, either in letter or memo or using a Town of Chapel Hill grievance form; all documents used in the procedure must be dated and signed by the respondent and the recipient. Time limits at every step may be extended by mutual consent.

Previous to the first formal step of the grievance and conflict resolution procedure, it is required that employee and supervisor meet to discuss the problem and seek to resolve it informally. This meeting should be scheduled by the employee considering filing a grievance with his or her supervisor, within seven (7) days of the incident or action giving rise to the problem. (Ongoing conditions are not subject to this deadline.)

(1)

Step 1. If the informal meeting does not resolve the problem, the employee may file a written grievance within seven (7) days of the meeting. Ordinarily, the supervisor will respond, in writing, within five (5) days of receipt of the written grievance. In some cases, the supervisor may feel that a second meeting would be constructive. If so, the supervisor will schedule a meeting with the employee within five (5) working days of receiving the written grievance, will thoroughly investigate the matter, and will render a written decision on the grievance within five (5) days of the meeting.

(2)

Step 2. If the employee is not satisfied with the Step 1 decision, the employee may file an appeal with the department head within five days following receipt of the Step 1 decision. The department head shall, within seven (7) days, set a date for a meeting which shall be held within a reasonable period of time. The meeting is for the purpose of discussing the grievance fully. The department head will render a written decision on the grievance within seven (7) days of the meeting.

(3)

Step 3. If the employee, is not satisfied with the Step 2 decision, the employee may file an appeal with the town manager within seven days following receipt of the Step 2 decision. The town manager may, in his or her sole discretion:

a.

Within fourteen (14) days of receipt of the grievance, set a date for meeting with the employee to discuss the grievance fully, and render a decision on the grievance within fourteen (14) days of the meeting; or

b.

Refer the grievance to the personnel appeals committee for consideration in accordance with article XIII.

If the town manager hears a grievance under Step 3, the manager will notify the employee if the decision of the manager may be appealed. Items for which the manager's decision under Step 3 would be final include:

a.

Appeals of adopted town or departmental policies themselves (allegedly inconsistent or unfair application of a policy could be appealed);

b.

Grievances alleging improper position classification or pay ranges; and

c.

Grievances from contract employees and from full-time and part-time employees serving their initial probationary period.

(4)

Step 4. If the town manager elects not to refer the grievance to the personnel appeals committee at Step 3, and if the grievance may be further appealed, the aggrieved employee may appeal to the committee within seven (7) days of receipt of the Step 3 decision, by filing a notice of appeal with the town clerk. The procedure set forth in article XIII shall then be followed.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 87-5-26/O-7, § 1; Ord. No. 95-1-23/O-1, § 1; Ord. No. 2001-11-26/O-4, § 3; Ord. No. 2002-01-14/O-2)

Sec. 14-114.1. - Mediation.

At any point in the grievance procedure prior to appeal to the town manager, the parties involved in a dispute may request mediation. Both parties must join in the written request for mediation. A request for mediation will suspend the time frames of the grievance procedure. Mediation is a process of resolving disputes through discussion. In mediation, the disputants meet in an informal setting with mediators who facilitate a discussion of the issues in a dispute, with the goal of helping the disputants reach a mutually acceptable agreement. If mediation is unsuccessful, the grievance procedure may continue, except that no offers of compromise made during mediation may be referred to in subsequent formal processing of the grievance.

(Ord. No. 87-5-26/O-7, § 1)

Sec. 14-115. - Representation.

In the presentation of any grievance under this chapter, any employee may be represented any person of the employee's choice, including another employee of the town; provided at no employee shall be represented in a grievance under this chapter by a supervisor in the same department as the employee bringing the grievance.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-116. - No conflict.

No decision or determination of any grievance shall in any way conflict with the town policies, resolutions, ordinances or statutes applicable thereto.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-117. - Compensation.

An employee whose grievance is referred to the personnel appeals committee, and who attends the hearing during non-working hours, shall be compensated for the time spent in said scheduled meetings, either through pay or compensatory time-off. An employee of the town requested by the committee to appear before it during non-working hours shall be compensated for the hearing time required.

(Ord. No. O-75-53, § 1, 9-16-75; Ord. No. O-80-34, § 1, 6-23-80; Ord. No. 87-5-26/O-7, § 1)

Sec. 14-117.1. - Effect of legal proceedings or resignation on pending grievance.

(a)

The filing of a lawsuit by an employee raising matters which are the subject of a pending grievance under this article shall terminate that grievance and leave the decision(s) or action(s) grieved as the final decision(s) or action(s) of the town.

(b)

A voluntary resignation from town employment which by its terms confirms the basis of a town decision which is the subject of a pending grievance shall terminate that grievance and leave the decision(s) or action(s) grieved as the final decision(s) or action(s) of the town.

(c)

Nothing in this section shall be construed as limiting any person's right to contest any town decision in a court of law.

(Ord. No. 95-1-23/O-1, § 1)