NY Gen Mun L § 684 (2021)
2021 New York Laws GMU - General Municipal Article 15-C - Grievance Procedure for Municipal Employees 684 - 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.