02-26-2018 Council Packet - Laserfiche WebLink

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16.03. Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is submitted in writing and on forms provided, to the City Administrator setting forth the facts and the specific provisions of the Agreement allegedly violated and the particular relief sought within twenty-one (21) business days after the date the event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. 16.04. Adjustment of Grievances: An effort shall first be made to adjust an alleged grievance informally between the Employee and the immediate supervisor. If this effort is unsuccessful, the grievance shall then be adjusted in the following manner: Level I: If the grievance is not resolved through informal discussions, the immediate supervisor shall give a written decision on the grievance to the parties involved within ten (10) business days after receipt of the written grievance. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the City Administrator, provided such appeal is made in writing within five (5) business days after receipt of the decision in Level I. If a grievance is properly appealed, Employer shall set a time to meet regarding the grievance within fifteen (15) business days after receipt of the appeal. Within ten (10) business days after the meeting, the City Administrator or his designee shall issue a decision in writing to the parties involved. 16.05. Arbitration Procedures: In the event that the Employee, the Union and the Employer are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 16.051. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the City Administrator within twenty (20) business days following the decision in Level II of the grievance procedure. 16.052. Prior Procedure Required: No grievance shall be considered by the arbitrator which has not been first duly processed in accordance with the grievance procedure and appeal provisions. 16.053. Selection of Arbitrator: Upon the proper submission of a grievance under the terms of this procedure, the parties shall within ten (10) business days after the request to arbitrate attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the Bureau of Mediation Services to furnish a list of five (5) arbitrators. The parties will alternately strike names from the list of arbitrators until only one (1) name remains. The employee will strike the first name. The remaining arbitrator will hear and decide the grievance. The request shall ask that the appointment be made within thirty (30) business days after the receipt of said request. Failure to agree upon an arbitrator or the failure to request an arbitrator from the Bureau of Mediation Services within the time periods provided herein shall constitute a waiver of the grievance. 16.054. Submission of Grievance Information: Upon appointment of the arbitrator, the parties shall provide the arbitrator the submission of the grievance which shall include the following: 1. The issues involved. 2. Statement of facts. 3. Position of the grievant. 16.055. Hearing: The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral and written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing de novo. 11 196142v1