§ 2-183. Management rights and non-grievable issues.

Management reserves the exclusive right to manage the affairs and operations of the city. Included are the rights to establish job duties, job descriptions and job requirements, to assign and direct the work of employees, to determine the methods, means and personnel by which work activities are to be carried out, to establish personnel and operating policies, procedures, rules and regulations, to hire, promote, transfer, assign and retain employees, to establish standards for acceptable performance and conduct, and to establish wages and salaries, position classifications and general benefits. Therefore the following complaints are not grievable:

(1)

Establishment and revision of wages and salaries, position classifications or general benefits;

(2)

Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of job content;

(3)

The content of ordinances, statutes or established personnel policies, procedures, rules and regulations;

(4)

Failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly;

(5)

The methods, means and personnel by which city operations are to be conducted;

(6)

Except where such action affects an employee who has been reinstated within the previous six (6) months as the result of the final determination of a grievance, termination, layoff, dismissals or suspension from duties because of a lack of work, a reduction in work force, or job abolition;

(7)

Employee performance evaluations;

(8)

The hiring, promotion, transfer, assignment and retention of employees by the city; and

(9)

The relief of employees from duties in emergencies.

In any grievance brought under the exception in paragraph (6) above, the action shall be upheld upon a showing by the city that: (i) there was a valid business reason for the action and (ii) the employee was notified of such reason in writing prior to the effective date of the action.

(Ord. No. 4250-91)

(Ord. No. 4250-91)