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of this Memorandum of Understanding he/she believes to have been violated, and, if <br /> possible,the nature of the determination desired. The City Manager shall have fourteen <br /> (14) days in which to consider the grievance and render a decision. No grievance may be <br /> processed under paragraph(4)below which has not first been filed and investigated in <br /> accordance with this paragraph (3). <br /> (4) The Association may appeal the decision of the City Manager by requesting that the <br /> grievance be referred to an impartial arbitrator. The Association's decision to refer the <br /> grievance to arbitration shall be made within fourteen (14) days of the notification of the <br /> city manager's decision. <br /> The arbitrator shall be designated by mutual agreement between the Association and the <br /> City Manager. The fees and expenses of the arbitrator and court reporter shall be shared <br /> equally between the City and the Association. Each party, however, shall bear the cost of <br /> its own presentation, including preparation and post hearing briefs, if any. <br /> An employee may proceed to arbitration only in grievances involving discipline and only <br /> if the Association elects not to represent the employee in the grievance. The arbitrator <br /> shall be selected by mutual agreement between the employee and the City Manager. The <br /> fees and expenses of the arbitrator and of a court reporter shall be shared equally by the <br /> employee and the City. Each party, however, shall bear the cost of its own presentation, <br /> including preparation and post hearing briefs, if any. <br /> (5) Decisions of the arbitrators on matters properly before them shall be final and binding on <br /> the parties hereto, to the extent permitted by law or the terms of this Agreement. <br /> 23.3 The time limits previously set forth shall be considered maximums and every effort shall be <br /> made to expedite the process. The limits specified may, however, be extended by mutual <br /> agreement of the parties. <br /> . 23.4 No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such <br /> dispute involves a position in a unit represented by the Association and unless such dispute <br /> falls within the definition of a grievance as set forth in subsection 23.1. <br /> 23.5 Proposals to add to or change this Memorandum of Understanding or written agreements or <br /> addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or <br /> terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br /> connection with such proposal, may be referred to arbitration under this Section. No arbitrator <br /> shall have the power to amend or modify this Memorandum of Understanding or written <br /> agreement or addenda supplementary hereto or to establish any new terms or conditions of <br /> employment. <br /> 23.6 No grievance involving demotion, reduction in pay, suspension, dismissal of an employee will <br /> be entertained unless it is filed in writing with the City Manager within seven(7) working days <br /> of the time at which the affected employee was notified of such action. <br /> 23.7 If the City Manager in pursuance of the procedures outlined in subsection 23.2(3) above, <br /> resolves the grievance which involves suspension or discharge, he/she may agree to payment <br /> for lost time or to reinstate with or without payment for lost time. <br /> 26 <br />