RES 231418 - Laserfiche WebLink

Section 23. Grievances 23.1 A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any City official shall be final,the interpretation or application of those provisions not being subject to the grievance procedure. Grievances shall be processed in the following manner: 23.2 (1) Within thirty (30) calendar days after the occurrence of an event giving rise to a grievance, an employee may request in writing to discuss the grievance with such management official in the department as the Chief of Police may designate. (2) If the grievance remains unresolved, the written grievance may be filed with the Chief of Police who shall investigate the grievance and render a decision within fourteen(14) calendar days from the date the grievance is received. (3) Within fourteen(14)calendar days from receipt of the Chief of Police's decision in Step 2 above, the employee or official of the Association may notify the City Manager in writing that a grievance exists, stating the particulars of the grievance, citing the specific section of this Memorandum of Understanding he/she believes to have been violated, and, if possible,the nature of the determination desired. The City Manager shall have fourteen (14) days in which to consider the grievance and render a decision. No grievance may be processed under paragraph(4) below which has not first been filed and investigated in accordance with this paragraph(3). (4) The Association may appeal the decision of the City Manager by requesting that the grievance be referred to an impartial arbitrator. The Association's decision to refer the grievance to arbitration shall be made within fourteen (14) days of the notification of the city manager's decision. The arbitrator shall be designated by mutual agreement between the Association and the City Manager. The fees and expenses of the arbitrator and court reporter shall be shared equally between the City and the Association. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. An employee may proceed to arbitration only in grievances involving discipline and only if the Association elects not to represent the employee in the grievance. The arbitrator shall be selected by mutual agreement between the employee and the City Manager. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the employee and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (5) Decisions of the arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law or the terms of this Agreement. 23.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties. 28