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2. If the grievance remains unresolved, the written grievance may be filed with the Department Head who shall investigate the grievance and render a decision within ten (10) working days from the date the grievance is received. For purposes of Section 27.2, "working days" shall be defined as Monday through Friday, excluding holidays. 3. Within ten (10) working days from receipt of the Department Head's decision in Step 2 above, the employee or official of the Union may notify the Director of Human Resources and Labor Relations in writing that a grievance exists, stating the particulars of the grievance, citing the specific section of this Memorandum of Understanding they believe to have been violated, and, if possible, the nature of the determination desired. The Director of Human Resources and Labor Relations shall have ten (10) working days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under paragraph (4) below, which has not first been filed and investigated in accordance with this paragraph (3a). 4. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, the employee shall, within ten (10) working days of receipt of the decision of the Director of Human Resources and Labor Relations, submit such grievance to the City Manager for consideration by a Review Board. The Review Board shall be comprised of two (2) members of the Union and two (2) City management representatives appointed by the City Manager. The Review Board shall be convened within fifteen (15) working days from the day the grievance was submitted to said Board. The Board shall render its findings and recommendations in writing to the City Manager within ten (10) calendar days from the date it completed its review of the grievance. 5. The City Manager shall within ten (10) working days of receipt of the Review Board's written findings and recommendations review the findings and recommendations and render a written decision on the grievance. 6. The Union may appeal the decision of the City Manager by requesting that the grievance be referred to an impartial arbitrator. The Union's decision to refer the grievance to arbitration shall be made within ten (10) working days of the notification of the City Manager's decision. The arbitrator shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and court reporter shall be shared equally between the City and the Union. Each parry, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. -39-