2006 New York Code - Grievances; Procedural Requirements; Appeals.

 
    §   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.