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specific section of this Memorandum of Understanding <br /> he/she believes to have been violated, and, if possible, <br /> the nature of the determination desired. The Personnel <br /> Officer shall have fourteen (14) days in which to <br /> investigate the issues, meet with the complainant and <br /> attempt to reach a satisfactory resolution of the problem. <br /> No grievance may be processed under paragraphs (3) and (4) <br /> below which has not first been filed and investigated in <br /> accord~nce with this paragraph (2). <br /> <br />(3) Any grievance which has not been resolved by the <br /> procedures hereinabove set forth may be referred to the <br /> City ~Ianager by the complainant or by the Personnel <br /> Officer. Such referral shall be in writing, detailing the <br /> specific issues involved in the referral together with a <br /> statement of the resolution desired. The City Manager and <br /> a representative of the PCEA or, if the complainant is not <br /> the PCEA the grievant himself or herself shall designate a <br /> party to investigate the merits of the complaint, to meet <br /> with the complainant and, if the complainant is not the <br /> PCEA, to meet also with the officials of the PCEA, and <br /> attempt to settle the grievance. <br /> <br />(4) If the parties are unable to reach a mutually satisfactory <br /> accord on any grievance which arises and is presented <br /> during the terms of this Memorandum of Understanding, such <br /> grievance shall be submitted to an Adjustment Board <br /> comprised of two persons appointed by the PCEA and two <br /> persons appointed by the City Manager. <br /> <br />(5) Majority decisions of an Adjustment Board on matters <br /> properly before it shall be final and binding on the <br /> parties hereto, to the extent permitted by the Ordinance <br /> and Resolutions of the City. <br /> <br />(6) No Adjustment Board shall entertain, hear, decide, or make <br /> recommendations on any dispute unless such dispute <br /> involves a position in a unit represented by the PCEA and <br /> unless such dispute falls within the definition of a <br /> grievance as set forth in subsection 25.1. Neither shall <br /> any Adjustment Board have the power to amend or modify <br /> this Memorandum of Understanding or written agreements or <br /> addenda supplementary hereto or to establish any new terms <br /> or conditions of employment. <br /> <br />(7) If the grievance is not resolved by the procedures set <br /> forth above, the grievance may be referred to a neutral <br /> third party acceptable to both the City and the PCEA or if <br /> the PCEA is not the complainant, agreeable to the <br /> complainant himself or herself. The neutral third party <br /> shall investigate the issues, meet with the complainant <br /> and recommend a solution to the City Manager. <br /> <br />(8) If the grievance is not resolved at step (7), the <br /> grievance may be submitted to the City Council for final <br /> decision. <br /> <br /> - 32 - <br /> <br /> <br />