Laserfiche WebLink
12 224195v1 <br />15.02 Completion of Probationary Period: An Employee who has completed the probationary period <br />may be suspended without pay, discharged, or disciplined only for cause. An Employee who has completed the <br />probationary period and is suspended without pay, discharged, or otherwise disciplined shall have access to the <br />grievance procedure. <br /> <br />ARTICLE 16 <br />GRIEVANCE PROCEDURE <br /> <br />16.01 Grievance Definition: A "grievance" shall mean an allegation by an Employee resulting in a dispute <br />or disagreement between the Employee and the Employer as to the interpretation or application of terms and <br />conditions of employment insofar as such matters are contained in this Agreement. <br /> <br />16.02 Representative: The Employee or Employer may be represented during any step of the procedure by <br />any person or agent designated by such party to act in his behalf. <br /> <br />16.03 Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is <br />submitted in writing and on forms provided, to the City Administrator setting forth the facts and the specific <br />provisions of the Agreement allegedly violated and the particular relief sought within twenty-one (21) business days <br />after the date the event giving rise to the grievance occurred. Failure to file any grievance within such period shall <br />be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods <br />hereafter provided shall constitute a waiver of the grievance. <br /> <br />16.04 Adjustment of Grievances: An effort shall first be made to adjust an alleged grievance informally <br />between the Employee and the immediate supervisor. If this effort is unsuccessful, the grievance shall then be <br />adjusted in the following manner: <br /> <br />Level I: If the grievance is not resolved through informal discussions, the immediate supervisor shall <br />give a written decision on the grievance to the parties involved within ten (10) business days after <br />receipt of the written grievance. <br /> <br />Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed <br />to the City Administrator, provided such appeal is made in writing within five (5) business days after <br />receipt of the decision in Level L If a grievance is properly appealed, Employer shall set a time to meet <br />regarding the grievance within fifteen (15) business days after receipt of the appeal. Within ten (10) <br />business days after the meeting, the City Administrator or his designee shall issue a decision in writing <br />to the parties involved. <br /> <br />16.05 Arbitration Procedures: In the event that the Employee, the Union and the Employer are unable to <br />resolve any grievance, the grievance may be submitted to arbitration as defined herein: <br /> <br /> 16.051 Request: A request to submit a grievance to arbitration must be in writing signed by the <br />aggrieved party, and such request must be filed in the office of the City Administrator within twenty <br />(20) business days following the decision in Level II of the grievance procedure. <br /> <br /> 16.052 Prior Procedure Required: No grievance shall be considered by the arbitrator which has <br />not been first duly processed in accordance with the grievance procedure and appeal provisions. <br /> <br /> 16.053 Selection of Arbitrator: Upon the proper submission of a grievance under the terms of <br />this procedure, the parties shall within ten (10) business days after the request to arbitrate attempt to <br />agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may <br />request the Bureau of Mediation Services to furnish a list of five (5) arbitrators. The parties will <br />alternately strike names from the list of arbitrators until only one (1) name remains. The employee will <br />strike the first name. The remaining arbitrator will hear and decide the grievance. The request shall ask <br />that the appointment be made within thirty (30) business days after the receipt of said request. Failure <br />to agree upon an arbitrator or the failure to request an arbitrator from the Bureau of Mediation Services <br />within the time periods provided herein shall constitute a waiver of the grievance. <br /> <br /> 16.054 Submission of Grievance Information: Upon appointment of the arbitrator, the parties <br />shall provide the arbitrator the submission of the grievance which shall include the following: