Gloucester Police Patrolman's Association

MCOP Local, 344 AFL-CIO

A Police Labor Union


Labor actions past and present along with supporting documentation.

ARTICLE XXII. GRIEVANCE PROCEDURE.

·              Any grievance which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be settled in the following manner:

·              STEP 1. A Union representative and/or the aggrieved employee(s) shall present the grievance orally to the employee's immediate supervisor, and an earnest effort shall be made to adjust the grievance in an informal manner. ,This first Step may be omitted by mutual agreement.

·              STEP 2. If the grievance is not resolved in Step 1, the grievance shall be presented in writing, including specific allegations and proposed remedy, to the Police Chief or his designee, who shall meet with the Grievance Committee within five (5) calendar days from the time the grievance is presented to him, and he shall affirm or deny the grievance in writing within five (5) calendar days after the meeting, his response to include reasons in the event of a denial and a remedy in the case of an affirmance.

·              STEP 3. If the grievance is not resolved in Step 2, or answered by the Police Chief within the time limits set forth above, the grievance may be presented to the Mayor within ten (10) calendar days after the last aforementioned five (5) day period. The Mayor or his designee shall meet with the Union's Grievance Committee within five (5) calendar days from the time the grievance is presented to him, and he shall answer the grievance in writing within ten (10) calendar days after the meeting.

·              STEP 4. If the grievance is not settled at Step 3, or answered by the Mayor within the time limits set forth above, it may thereafter be submitted by the Union, and only by the Union, to arbitration, within thirty (30) days after the answer of the Mayor is due, by written notice, delivered in hand or by mail, postage prepaid, addressed to the Mayor; provided, however, that if a suspension, dismissal, removal, termination or other discipline is involved, the employee may submit the grievance to arbitration as hereinafter provided. All submissions to arbitration shall be made to the American Arbitration Association that will provide a panel of arbitrators from which a selection of a single arbitrator shall be made in accordance with its voluntary labor arbitration rules. Each party shall bear the expense of preparing its own case, but shall share equally in the cost, if any, of the arbitrator's services. The decision of the arbitrator shall be final and binding on the parties. The dispute stated in the grievance shall constitute the sole and entire subject matter to be heard by the arbitrator unless the parties agree to modify the scope of the grievance. The arbitrator shall have no authority to add to, detract from, alter or amend this Agreement. Grievances shall be filed within twenty-one (21) days after knowledge or reason to know of the occurrence or failure of occurrence of the incident upon which the grievance is based. Any of the time limits outlined in this Article may be extended or changed at any time by mutual written agreement of the parties participating at any Step in the grievance / arbitration procedure. Grievances may be submitted by employees or by the Union. Grievances of a general nature, affecting a large number of employees, or a policy grievance, may, at the Union's option, be filed at Step 3 of the grievance procedure.

·              Employees shall not be disciplined, suspended, discharged, removed or terminated except for just cause. Any dispute relative to discipline, suspension, discharge, removal or termination may be a subject of grievance and arbitration under the terms of this Article, in which event, arbitration, if elected by an employee, shall be the exclusive procedure for resolving any such grievance, notwithstanding any contrary provisions of G.L. c.31, and c. 32, Sec. 16 of the General Laws. In such matters an employee shall make his election after whatever step pursuant to Civil Service or Retirement Board law the employee obtains the right to appeal the City's decision to the Civil Service Commission or to a Retirement Board. If an employee elects arbitration, any action previously taken by the City pursuant to Chapter 31 or Chapter 32 will be considered the equivalent of a Step 3 determination; and his election in writing will constitute the grievance hereunder.