ยง 684. Grievances; procedural requirements; appeals. 1. Each
government which, on or before October first, nineteen hundred
sixty-three, has not established and does not thereafter maintain a two
stage grievance procedure for all its employees shall, acting through
the chief executive officer of each government establish and administer
a basic grievance procedure for the employees of such government in
accordance with the provisions of this section and section six hundred
three of this article. Such basic grievance procedure shall provide for
at least two procedural stages and an appellate stage for the settlement
of grievances as set forth in this section.
2. The first procedural stage shall consist of the employee's
presentation of his grievance to his immediate supervisor who shall, to
such extent as he may deem appropriate, consult with his superiors. The
discussion and resolution of grievances at the first stage shall be on
an oral and informal basis. If such grievance is not satisfactorily
resolved at the first stage such employee may proceed to the second
stage.
3. The second procedural stage shall consist of a request by the
aggrieved employee for a review and determination of his grievance by
the head of the department or agency of government concerned, or his
designee. In such case the aggrieved employee and his immediate
supervisor shall each submit to the head of the department or agency
concerned, or his designee, a written statement setting forth the
specific nature of the grievance and the facts relating thereto.
Thereupon such head of the department or agency concerned or his
designee shall, at the request of the employee, hold an informal hearing
at which the employee, and in accordance with the provisions of the
grievance procedure his representative, may appear and present oral and
written statements or arguments. The final determination of the second
stage of such grievance proceeding shall be made by the head of the
department or agency concerned, or his designee.
4. The chief executive officer of each government shall appoint one or
more public employee grievance boards, consisting of three members each,
who shall serve at his pleasure. The jurisdiction of each such board
shall be limited to grievances of the employees of such government.
5. Any public employee may appeal to his public employee grievance
board from a determination by the head of his department or agency or
his designee, made in accordance with the provisions of this article.
Such employee shall be granted a hearing before the board on such
appeal, and the grievance procedure established under this article shall
give such employee the right to be represented in such appeal.
6. Any such hearing may be conducted by any one or more members of the
board, designated by the board to act on its behalf; provided, however,
that if less than the full board presides at such a hearing, the member
or members thereof conducting such hearing shall render a report thereon
to the full board and the full board shall thereupon make its report.
7. The report of the board shall contain a statement of the board's
findings of fact, conclusions and advisory recommendations. The board
shall send a copy of its report to each employee involved, his
representative, if any, the head of the department or agency involved
and to the chief executive officer of such government.
8. The formal procedures established hereunder shall specify time
limitations for the processing of grievances at each stage in order to
insure the prompt consideration and determination of employee
grievances.
9. Notwithstanding any provision of this article, any county, city,
town, village, school district or other political subdivision in this
state having less than one hundred employees may establish a grievance
procedure under which its employees may present grievances, free from
coercion, interference, restraint, discrimination or reprisal.