§ 340-11 — Division of Labor Relations

340-11. Division of Labor Relations.

1. DIVISION CREATED. There is created a division of labor relations in the department of employee relations under the direction and control of the labor negotiator. Such division of labor relations shall be responsible for all labor negotiations between the city and its employees under s. 111.70, Wis. Stats., and such other labor and employee relations matters as may be related to the subject matter of that section. 2. DISPUTE RESOLUTION PROCEDURE. The labor negotiator or his or her designee shall act as the independent reviewer of a dispute filed under s. 340-3-2-c. 3. RELATIONSHIP TO COMMON COUNCIL. The labor negotiator shall perform his or her duties in close liaison with both the common council and the finance and personnel committees. 4. DEPARTMENTAL COOPERATION. Every department of city government shall cooperate with the labor negotiator to the end that he or she may discharge his or her duties and responsibilities as contemplated by this section; departments are directed to cooperate fully with the labor negotiator in this purpose. 5. DISCIPLINARY GRIEVANCE PROCEDURE. a. General. The department of employee relations shall be the official agency for the settlement of grievances stemming from written warnings or unpaid disciplinary suspensions that are not appealable to the board of city service commissioners. The department shall establish and administer a procedure to hear disciplinary grievances. b. Eligibility. An employee who is not subject to the rules of the city service commission under s. 63.27, Wis. Stats., shall not be covered by this section, except in a case where the employee has attained regular status in a different civil service employment. A regularly-appointed employee, having passed probation, may use the grievance procedure established by the department when he or she receives a written warning or unpaid suspension of one to 15 days. Other disciplinary appeals shall be handled under the applicable rules of the city service commission. c. Procedure. Employees and supervisors shall make all reasonable efforts to resolve any concerns, questions or misunderstandings that have arisen from the imposition of discipline before filing grievances. The labor negotiator shall conduct a final independent review of the circumstances of each disciplinary grievance and determine whether the disciplinary action was reasonable under the circumstances. The labor negotiator shall have the authority to either affirm, reduce or set aside associated disciplinary actions.