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the referral together with a statement of the <br /> resolution desired. The City Manager and a <br /> representative of the PCEA or, if the complainant <br /> is not the PCEA the grievant himself or herself <br /> shall designate a party to investigage the merits <br /> of the complaint, to meet with the complainant and, <br /> if the complainant is not the PCEA, to meet also <br /> with the officials of the PCEA, and attempt to <br /> settle the grievance. <br /> <br /> (4) If the parties are unable to reach a mutually <br /> satisfactory accord on any grievance which arises <br /> and is presented during the terms of this <br /> Memorandum of Understanding, such grievance shall <br /> be submitted to an Adjustment Board comprised of <br /> two persons appointed by the PCEA and two persons <br /> appointed by the City Manager. <br /> <br /> (5) Majority decisions of an Adjustment Board on <br /> matters properly before it shall be final and <br /> binding on the parties hereto, to the extent <br /> permitted by the Ordinance and Resolutions of the <br /> City. <br /> <br /> (6) No Adjustment Board shall entertain, hear, decide, <br /> or make recommendations on any dispute unless such <br /> dispute involves a position in a unit represented <br /> by the PCEA and unless such dispute falls within <br /> the definition of a grievance as set forth in <br /> subsection 25.1. Neither shall any Adjustment <br /> Board have the power to amend or modify this <br /> Memorandum of Understanding or written agreements <br /> or addenda supplementary hereto or to establish any <br /> new terms or conditions of employment. <br /> <br /> (7) If the grievance is not resolved by the procedures <br /> set forth above, the grievance may be referred to a <br /> neutral third party acceptable to both the City and <br /> the PCEA or if the PCEA is not the complainant, <br /> agreeable to the complainant himself or herself. <br /> The neutral third party shall investigate the <br /> issues, meet with the complainant and recommend a <br /> solution to the City Manager. <br /> <br />25.3 No grievance involving demotion, suspension, dimissal or <br /> placement on a probationary period of an employee will <br /> be entertained unless it is filed in writing with the <br /> Personnel Officer within five (5) working days of the <br /> time at which the affected employee was notified of such <br /> action. <br /> <br /> -34- <br /> <br /> <br />