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10.1 GRIEVANCE PROCESS Page 1 of 5 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 10.1 GRIEVANCE PROCESS Effective Date: December 29, 2008 The purpose of this policy is to establish the procedure and policy for employees of the Edgewood Police Department to resolve their grievances equitably and expeditiously in accordance with Florida State Statute Chapter 447 and employee’s bargaining agreement/s. This General Order consists of the following numbered sections: I. Scope II. General III. Grievance Procedure IV. Arbitrati on procedure I. SCOPE A. Good management practices recognize that a carefully designed grievance process can help to reduce personnel dissatisfaction, improve morale, correct oversights identify problems in the organization and increase the positiv e perception employees have of the organization. B. The a gency and the employee’s bargaining agency shall negotiate a grievance procedure. The grievance procedure will be used for the settlement of disputes between employer and employee. II. GENERAL A. Every grievance will be accepted and processed with the intent of improving mutual understanding and professional relationships. Every reasonable effort shall be made to define problems and take corrective action to resolve them. B. In accordance with Florida State Statutes Chapter 447, Public Employees shall have the following rights: 1. To form, join, participate in, or refrain from forming, joining, or participating in any employee organization of their choosing. 2. To be represented by any employee organization of their choosing. 3. To negotiate collectively through a certified bargaining agent with the City of Edgewood in the determination of the terms and conditions of their employment. 10.1 GRIEVANCE PROCESS Page 2 of 5 4. To have a right to a fair and equitable grievance procedure, administered without regard to membership or non -membership in any organization. C. The employee bargaining organization shall not be required to process grievances for employees who are not members of the organization. D. A grievance is a claimed violation of a specific term of the employee’s bargaining agreement, including, but not limited to, a means of appeal for imposed discipline or discharge. E. Disciplinary grievances (ap peals) shall be resolved in accordance with agency policy as stated in General Order 11. F. No grievance will be processed unless prepared in writing. G. A grievance may be filed be either a bargaining unit employee or by the Union via hand deliver y, facsimile or e -mail H. An employee may present his/her own grievance at any time without representation I. Any formal grievance filed must be in writing J. Any grievance filed must contain the following: 1. The provision or provisions of the ba rgaining agreement alleged to have been violated 2. The facts pertaining to the alleged violation/s 3. The date of the alleged violation 4. The requested remedy to resolve the grievance 5. The grievance must be signed K. If a grievance meetin g is held during the working hours of any required participant, such participant shall be excused without loss of pay for that purpose. L. Attendance at grievance meetings outside of regular working hours shall not be deemed time worked nor sha ll overtime or compensatory time accrue. M. There shall not be reprisals against any of the participants in the procedures contained herein by reason of such participation. N. An employee who terminates from agency employment shall be deemed to have waived the right to initiate or to process a grievance O. Grievance records 1. Florida State statute states that all State, County and Municipal Records (except those records that are otherwise exempt from disclosure) shall at all times be open for personal inspection by any person. 2. The following shall apply once a grievance has been filed by an employee. a. If the employee is a member of the bargaining unit, once a conclusion has been reached, a copy of all the paperwork will be given to the appropriate bargaining unit representative b. Once the grievance process is completed the Chief of Police, or his designee, shall ensure a copy of all the paperwork is placed in the employee’s personnel file 10.1 GRIEVANCE PROCESS Page 3 of 5 c. While the g rievance is being investigated it shall be considered confidential. Information shall only be released upon conclusion of the process. d. Grievance records shall be retained in accordance with Florida State records retention guidelines P. In advancing grievances, the employee and/or management may call witnesses as necessary. Hearings shall be continued to facilitate appearance of witnesses who are agency employees whose presence would otherwise conflict with agency needs. Q. The aggrieved employee and the union representative shall be given at least two (2) working days notice of the grievance meetings provided herein. R. Discharge of probationary officers shall not be subject to the grievance procedure. S. Working day shall refer to Monday thru Friday. T. The Chief of Police, or his designee shall be responsible for coordinating the grievance process. III. GRIEVANCE PROCEDURE A. An employee having a grievance should first discuss it on an informal b asis with his/her immediate supervisor. If the matter is not resolved by such informal discussion, then the employee has recourse to the formal grievance procedure. B. Grievances shall be processed in the following manner: 1. Step One a. The a