03-08-2021 Council Packet - Laserfiche WebLink

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11 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. 16.056 Decisions: The decision by the arbitrator shall be rendered within thirty (30) business days after the close of the hearing. Decision by the arbitrator in cases properly before him/her shall be final and binding upon the parties, subject however, to the limitations of arbitration decisions as provided by the PELRA. 16.057 Expenses: Each party shall bear its own expenses in connection with arbitration, including expenses relating to the party's representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript or recording shall be made of the hearing at the request of either party and the cost shall be borne by the requesting party or, if the request is mutual, the cost shall be shared. The parties shall share equally fees and expenses of the arbitrator and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration, provided that each party shall be responsible for compensating its own representatives and witnesses. 16.058 Jurisdiction: The arbitrator shall have jurisdiction over disputes or disagreements relating to grievances properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined herein and contained in this written Agreement; nor shall an arbitrator have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein. 16.06 Waiver: If a grievance is not presented in the manner and within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step in the manner and within the specific time limit set forth above, it shall be considered settled on the basis of the Employer's last offer. Employer will act in good faith to answer a grievance within the time limits set forth above. If the Employer does not answer a grievance within the time limits set forth above, it is deemed denied.