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Section 1. Grievances.
(A) A grievance may be initiated by an aggrieved employee or by the Union, as appropriate under this Article, with respect to those matters expressly made subject to the
grievance procedure but as to no other matters. Grievances shall be initiated at the appropriate step, in accordance with the procedure set forth in this Article.
(B) The following matters are subject to the grievance procedure and the term "grievance" shall mean:
(1) A dispute concerning the inequitable application or interpretation of the terms of this collective bargaining agreement.
(2) A claimed violation, misinterpretation or misapplication of the rules or regulations, policies or orders of the Queens Borough Public Library.
(3) A claimed wrongful. disciplinary action against an employee.
(4) A claimed assignment of an employee to duties substantially different from those stated in his/her job description.
(C) The grievance and arbitration procedure contained in this Agreement shall be the exclusive remedy for the resolution of disputes defined as "grievances" herein. This shall not be interpreted to preclude either party from commencing a proceeding in a court of appropriate jurisdiction to enforce or vacate an arbitrator's award.
(D) The Library shall not have the right to initiate any grievance nor, except as may be provided in this Agreement, to demand any arbitration.
Section 2. General Procedure.
(A) The Library shall notify the Union. in writing of all grievances filed by employees, all grievance hearings, and all determinations.
(B) Nothing herein shall prevent the Union or any employee from discussing or seeking the informal resolution of any problem with a supervisor, agency head or department head at any time. If the aggrieved employee or the Union is not satisfied with the informal resolution of a problem, such employee or the Union may then file a Statement of Grievance with respect to those matters expressly made subject to the grievance procedure, and no other matter.
(C) If a grievance hearing is scheduled, the aggrieved employee may appear at the hearing and be represented thereat by the Union or a fellow employee. The Union shall, in any event, have the right to have a representative present at any grievance hearing.
(D) Any of the Steps in the grievance procedure, as well as the time limits prescribed at each Step of this grievance procedure, may be waived by mutual agreement of the parties.
(E) The following procedure shall be the sole remedy when the Library concludes that an employee's conduct justified discharge or disciplinary suspension of more than five working days:
(1) The Library shall immediately notify the employee of such penalty. The Library shall also notify the Union, immediately if possible, but in no case later than the next working day.
(2) If the employee believes he or she has been unjustly dealt with, the employee may file a grievance at Step III of the grievance procedure within five (5) working days of the imposition of such discipline, without resort to previous Steps. The Library shall notify the employee of his/her right at the time of the imposition of the discipline.
(F) Any grievance of a general nature affecting a large group of employees and which concerns the claimed misinterpretation, inequitable application, violation or failure to comply with the provisions of this Agreement may be filed, at the option of the Union, at Step III of the grievance procedure, without resort to previous Steps.
(G) If a decision satisfactory to the Union at any level of the grievance procedure is not implemented within a reasonable time, the Union may re-institute the original grievance at Step III of the grievance procedure or if a satisfactory Step III decision has not been so implemented, the Union may institute a grievance concerning such failure to implement, at Step IV of the grievance procedure.
(H) A grievance brought under Section 1 (B) (4) of this Article contending that the assignment or performance of certain duties or job functions are allegedly substantially different from those stated in a description may be presented only on his or her own behalf by an employee assigned to perform such job functions, or by an employee on behalf of a group of which he or she is a member, other members of which group have been required to perform such job duties or functions, or by the Union. Except as provided herein, no employee may present a grievance with respect to the assignment to or performance by other employees of job duties or functions allegedly different from or inconsistent with job descriptions of such other employees.
Section 3. Contents of Statements of Grievance and Appeals.
(A) To initiate a grievance, the aggrieved employee(s), or the Union, or both, as appropriate, shall complete and file a Statement of Grievance in the form annexed as Schedule B-1. Except as otherwise provided in this Article, such statement of Grievance shall be filed at Step I of the Grievance Procedure.
(B) The statement of Grievance shall be in writing, dated, and signed by the aggrieved employee(s) alone, or by the aggrieved employee(s) and an appropriate Union officer, or by the Union alone, as appropriate.
(C) All Appeals provided hereunder shall be taken upon the completion and filing of a Notice of Appeal in the form annexed as Schedule B-2 within the time provided. Appeals may be taken by the aggrieved employee(s) jointly with the Union, or by the employee(s) alone, or by the Union alone if the grievance was filed by the Union alone.
Section 4. Times.
(A) Statements of Grievance arising out of disciplinary matters, as defined in Section 2E of this article, shall be filed within five (5) working days after the date of the imposition of such discipline.
(B) Statements of Grievance arising out of any other matter shall be filed within thirty (30) working days after the alleged grievance arises or after the aggrieved employee(s) or the Union may reasonably be presumed to have knowledge of the matter.
(C) All appeals shall be filed within the time provided therefor at each Step. All Demands For Arbitration shall be filed within the time provided therefor under Section 6(A) of this Article.
(D) No extension of time to file a Statement of Grievance or a Notice of Appeal shall be granted unless approved by the Director or his/her designee.
(E) The Library shall render its decision with respect to a grievance or appeal within the time provided therefor at each Step. If the Library exceeds any time limit prescribed at any Step in the grievance procedure, the aggrieved employee(s) or the Union may invoke the next Step of the procedure, except, however, that only the Union may invoke impartial arbitration. Nothing contained herein shall preclude the aggrieved employee(s) or the Union from extending the Library's time to act.
(F) The Union and the aggrieved employee(s) shall be given not less than three (3) working days' notice of any hearing.
(G) As used in this Article, the term "working days" shall not include Saturdays, Sundays, holidays or any days on which the Library is not open.
Section 5. Grievance Steps.
Step I. (A) Unless otherwise provided in this Article, all grievances shall commence at Step I. A timely Statement of Grievance, in proper form, shall be filed by the aggrieved employee(s) or the Union with the said employee's immediate supervisor.
(B) The immediate supervisor shall consider the grievance and prepare a proposed decision. Such a decision shall be submitted through appropriate channels, to one of the following for review:
(1) Extension Services, whichever is appropriate:
(a) Regional Manager(b) Assistant Director of Extension Services.
(2) Central Library: Assistant Director of Central Library.
(3) Technical Services, whichever is appropriate:
(4) Engineering/Facilities Planning, whichever is appropriate:(a) Assistant Chief, Collection Development
(b) Assistant Chief, Cataloging.
(5) Information Technology Systems: Director, ITS(a) Senior Library Custodian (Central)
(b) Supervisor of Mechanical Installations
(c) Assistant Director, E/FP
(6) Programs and Services: Director, Programs and Services
(7) Public Relations: Assistant Director, Public Relations
(8) Investigation & Security: Chief, Investigations & Security
(C) Such review shall be completed and a decision in writing shall be made within five (5) working days after receipt of the grievance by the immediate supervisor.
Step II. (A) The grievance shall be deemed to have been satisfactorily disposed of under Step I unless, within five (5) working days after the Step I decision has been received, the aggrieved employee(s) or the Union submits an appeal in proper form to one of the following appropriate individuals or his/her designee:
- Extension Services: Director of Extension Services Department
- Central Library: Director, Central Library.
- Technical Services: Chief, Technical Services Department.
- Engineering/Facilities Planning: Director of Engineering.
- Information Technology Systems: Assistant Library Director for
- Financial Services
- Programs and Services: Assistant Library Director for Customer
- Services
- Public Relations: Director, Public Relations
- Investigation & Security: Chief, Investigation & Security
(B) At his or her discretion, the individual with whom such appeal is filed may conduct a hearing with respect thereto.
(C) A decision in writing shall be rendered within ten (10) working days after the filing of an appeal.
Step III. (A) A grievance shall be deemed to have been satisfactorily disposed of under Step II unless, within fifteen (15) working days after the Step II decision has been received, the aggrieved employee(s) or the Union shall file an appeal in proper form with the Director.
(B) A hearing on the grievance shall be conducted by the Director or his/her designee. Such designee shall not be the person who heard the grievance at Step II. At such hearing, the aggrieved employee(s) may appear with not more than two representatives of his, her or their choosing. To the extent possible, all relevant documents, witnesses and other pertinent information shall be presented at the said hearing.
(C) A decision shall be rendered by the Director within fifteen (15) working days after the filing of the said appeal. A copy of the Step III decision shall be sent to the aggrieved employee(s) and the President of Local 1321.
Section 6. Arbitration.
(A) A grievance shall be deemed to have been satisfactorily disposed of under Step III unless, within thirty (30) calendar days after the Step III decision is received, arbitration is invoked as hereafter provided.
(B) Arbitration under this Article may be invoked solely by the Union and only with respect to grievances, by the service upon the Director (or the Director's designee) of a Demand for Arbitration in the form annexed as Schedule B-3 and the filing of such Demand with the American Arbitration Association, within thirty (30) calendar days of the receipt of the Step III decision.
(C) The decision and award of the arbitrator shall be final and binding in accord with applicable law.
Section 7. Arbitration Procedure.
(A) An arbitration under this Agreement shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association.
(B) (1) The costs and fees of such arbitration shall be borne equally by the parties.
(2) The parties agree that the question of whether the losing party in any arbitration shall be required to bear the full costs of such arbitration shall be reviewed by the parties one year after the effective date of this Agreement and this Agreement shall be reopened for such purposes only.
Section 8. Limitations on the Arbitrator and the Award.
(A) The authority of the arbitrator shall be limited to the resolution of grievances as defined in Section 1 (B) of this Article.
(B) The decision and award of the arbitrator shall be in accord with applicable law and shall not in any manner, either by drawing inferences or otherwise, modify, add to, subtract from or otherwise alter the provisions of this Agreement.
(C) The arbitrator shall expressly confine himself or herself to the precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted or to submit observations or declarations of opinion which are not directly essential in reaching the determination.
(D) The resolution of any arbitration and the resulting arbitration award shall not in any manner diminish the Library's right of management as hereinabove defined, but shall provide for only such relief as may be found equitable for the grievant.
(E) Except as hereinafter provided, the arbitrator shall neither consider nor decide upon any matter not within the Library's power to implement or for which appropriate funds have not been allocated and actually made available to the Library by the City of New York, nor render any award involving payment of salaries or other compensation except as provided in this Article.
(F) The arbitrator shall have no authority to change rates of wages, salaries or other compensation, regardless of how described, nor determine that employees should be classified or reclassified to a different title, position or classification.
(G) The arbitrator shall have the authority, subject to the actual availability of funds appropriately designated, to order or deny reinstatement of the employee with or without back pay in full or in part. If there is an award of any back pay, any earnings by the employee in other employment or supplementation of income from any source during this period of unemployment which would not have been earned or received had the employee not been unemployed, shall be offset and deducted from this award.
This document was last modified on: Friday, January 26, 2001