This text of Alabama § 45-58A-70.36 (Employee Grievances) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The most effective accomplishment of the work of the various departments requires prompt consideration and equitable adjustment of employee grievances. All parties desire to adjust grievances informally with both supervisors and employees exerting every effort to resolve problems as they arise. However, it is recognized that there will be some grievances that can be resolved only after a formal appeal and review.
(b)A grievance is a wrong, real or fancied, considered by an employee as grounds for complaint. Matters dealing with classification, pay, compensation, examination, leave, discipline, and related actions specifically set forth, shall not be considered under grievance procedures, but shall be adjusted in accordance with this part. Any question as to what constitutes a grievanc
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(a)
The most effective accomplishment of the work of the various departments requires prompt consideration and equitable adjustment of employee grievances. All parties desire to adjust grievances informally with both supervisors and employees exerting every effort to resolve problems as they arise. However, it is recognized that there will be some grievances that can be resolved only after a formal appeal and review.
(b) A grievance is a wrong, real or fancied, considered by an employee as grounds for complaint. Matters dealing with classification, pay, compensation, examination, leave, discipline, and related actions specifically set forth, shall not be considered under grievance procedures, but shall be adjusted in accordance with this part. Any question as to what constitutes a grievance, or what should be processed, shall be determined by the director, subject to the review of the board.
(c) Any employee may register a grievance. In the presentation of grievances, employees shall be free from restraint, interference, discrimination, or reprisal. All adjustments of grievances processed shall be retroactive to the time the grievance is first submitted in writing by the aggrieved employee. The aggrieved employee may be represented by counsel or other person of his or her choosing.
(1)
STEP I.
a.
The grievance shall be submitted in writing to the immediate supervisor within five days of the occurrence of the incident. All complaints shall cite the reasons and nature of complaint and must be signed by the employee.
b.
The immediate supervisor shall reply in writing within three days giving an answer to the complaint. A copy of the answer shall be furnished to the employee and the personnel director.
(2)
STEP II. If unresolved in five days, the written grievance and the supervisor’s answer shall be submitted to the department head. The department head, within five days, shall reply in writing to all parties concerned and forward a copy of the reply to the director.
(3)
STEP III. If unresolved, the grievance shall be submitted to a grievance committee, composed as follows:
a. One member elected by the classified employees of the city. The term of the employee-elected member shall be 12 months. One member designated by the appointing authority of the city. The third member shall be a mutually agreed upon person selected by the first two members.
b.
If no mutual party can be agreed upon by the first two members within a period of 10 days, the director shall designate the third member.
c.
The grievance committee as constituted shall review the findings of all parties concerned and may obtain additional information as it deems necessary. The committee shall render a decision concerning the unresolved grievance within 30 days after receipt of the grievance. The decision shall be binding on all concerned parties.
d. The director shall provide the minimal administration services necessary and shall exercise his or her authority to request the production of records or appearance of witnesses as may be required.
e. Nothing in this part shall limit the council’s right to manage its affairs and governmental operations or infringe on its right and responsibility to appropriate funds and to fix budgets for the proper expenditure of public funds.