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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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062023
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6/14/2023 4:13:54 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/20/2023
DESTRUCT DATE
15Y
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Chief. The Deputy Fire Chief shall investigate the grievance and the Deputy Fire Chief <br /> shall render a decision within fourteen (14)calendar days from the date the grievance was <br /> received. <br /> b. No grievance involving demotion, reduction in pay, suspension, or discharge of an <br /> employee will be entertained unless it is filed in writing with the Fire Chief within seven <br /> (7)working days of the time at which the affected employee was notified of such action. <br /> c. Within fourteen(14)calendar days from receipt of the Deputy Fire Chiefs decision in Step <br /> 1 above,the employee or official of the Union may notify the Fire Chief in writing that a <br /> grievance exists, stating the particulars of the grievance, citing the specific section of this <br /> Memorandum of Understanding they believe has been violated, and, if possible,the nature <br /> of the determination desired. The Fire Chief shall have fourteen (14)days from receipt of <br /> notification in which to investigate the issues, meet with the complainant and attempt to <br /> reach a satisfactory resolution of the problem. The Fire Chief will then issue a decision of <br /> the parties.No grievance may be processed under paragraph(4 below), which has not first <br /> been filed and investigated in accordance with this paragraph(3). <br /> d. Within fourteen(14)calendar days from receipt of the Fire Chiefs decision in Step 2 above, <br /> the employee or official of the Union may appeal the decision of the Fire Chief to the City <br /> Manager. The City Manager shall have fourteen (14)days from receipt of notification in <br /> which to investigate the issues, meet with the complainant and attempt to reach a <br /> satisfactory resolution of the problem. The City Manager will then issue a decision to the <br /> parties. No grievance may be processed under paragraph (5 below), which has not first <br /> been filed and investigated in accordance with this paragraph(4). <br /> e. If the parties are unable to reach a mutually satisfactory accord on any grievance which <br /> arises and is presented during the term of this Memorandum of Understanding, the Union <br /> may appeal the decision of the City Manager to arbitration within fourteen(14)days of the <br /> notification of the City Manager's decision. The arbitrator shall be designated by mutual <br /> agreement between the Union and the Department. The fees and expenses of the arbitrator <br /> and court reporter shall be shared equally between the Fire Department and the Union. <br /> Each party, however, shall bear the cost of its own presentation, including preparation and <br /> post hearing briefs, if any. <br /> f. Decisions of arbitrators on matters properly before them shall be final and binding on the <br /> parties hereto, to the extent permitted by law, Ordinances and Resolutions of the <br /> Livermore-Pleasanton Fire Department JPA. <br /> 20.3 The time limits previously set forth shall be considered maximums and every effort <br /> shall be made to expedite the process. The limits specified may, however, be extended by <br /> mutual agreement of the parties. <br /> 20.4 No arbitrator shall entertain,or hear,any dispute unless such dispute involves a position <br /> in the unit represented by the Union and unless such dispute falls within the definition of a <br /> grievance as set forth in Subsection 20.1. <br /> 20.5 Proposals to add to or change this Memorandum of Understanding or written <br /> agreements or addenda supplementary hereto,shall not be arbitrable and no proposal to modify <br /> amend or terminate this Memorandum of Understanding, nor any matter or subject arising out <br /> of or in connection with such proposal may be referred to arbitration under this Section. No <br /> arbitrator shall have the power to amend or modify this Memorandum of Understanding or <br /> 4894-5387-2224 Q 29 <br />
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