§ 515-23. Grievance procedure.

A. 

The Board shall constitute the Personnel Relations Review Board of the Town, and as such shall have the powers and duties and shall perform the functions assigned to personnel relations review boards under the provisions of MGL c. 40, § 21B. The Board, in performing its duties as the Personnel Relations Review Board, shall be subject to the limitations imposed by said § 21B and by the bylaws of the Town.

B. 

When sitting as the Personnel Relations Review Board, the Board shall keep a separate record of its proceedings which shall not be open to public inspection, except as may otherwise be required by state law.

C. 

The grievance procedure established in this section shall apply to all employees of the Town, except elected officials and except employees represented by an employee organization for the purpose of collective bargaining and with which organization the Town has entered into a collective bargaining agreement containing a specific grievance procedure. The grievance procedure contained in such an agreement shall apply to all employees represented by the employee organization. The purpose of the grievance procedure set forth herein is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of the employment or employees.

D. 

As used in this section the word "grievance" shall be construed to mean any dispute between an employee and his supervisor or supervisors arising out of an exercise of administrative discretion by such supervisor or supervisors with respect to the conditions of the employment of the employee, except a dispute which is or upon proper appeal would be within the jurisdiction of the Civil Service Commission or the Contributory Retirement Appeal Board.

E. 

Grievances as defined herein shall be processed in accordance with the following procedure:

(1) 

Level one. The aggrieved employee shall first present his grievance orally or in writing to his immediate supervisor. If the grievance is presented in writing, it shall give a summary of the facts involved and relief desired. The immediate supervisor shall advise the aggrieved employee in writing of his decision with respect to the grievance within five working days after the grievance is presented.

(2) 

Level two. If at the end of the five working days next following the presentation at level one the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee may within five working days thereafter submit his grievance in writing to the department head. The written grievance shall give a summary of the facts involved and the relief desired. Within 10 working days after receipt of the written grievance, the department head shall meet with the aggrieved employee and his representative, if he elects to have one, in an effort to settle the grievance. Within 10 working days after the conclusion of said meeting, the department head shall advise the aggrieved employee of his or its decision.

(3) 

Level three. If at the end of the 20 working days next following the presentation of the grievance at level two the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee may within five working days thereafter submit his grievance to the Board acting as the Personnel Relations Review Board. Within 10 working days after receipt of the written grievance, the Board shall meet with the aggrieved employee and his representative, if he elects to have one, in an effort to settle the grievance. The Board shall within 10 working days after the conclusion of said meeting advise the employee in writing of its decision. The decision of the Board with respect to said grievance shall be final.

F. 

If at the end of the 20 working days next following the occurrence of any grievance or the date of first knowledge of its occurrence by an employee affected by it the grievance shall not have been presented at level two of the procedure set forth above, the grievance shall be deemed to have been waived. Any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it at the next level in the procedure shall not have been taken within the time specified in the procedure.

G. 

The time limits herein above specified for the bringing and processing of a grievance may be extended by mutual agreement of the parties.