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<br />25.6 Arbitration <br /> <br />In the event the parties are unable to resolve the disciplinary case, either the Union or the <br />City may refer the case to an impartial arbitrator who shall be selected by mutual <br />agreement between the Union and the City Manager or his/her designee. The fees and <br />expenses of the arbitrator and of a Court Recorder shall be shared equally by the Union and <br />the City. Each party, however, shall bear the cost of its own presentation, including <br />preparation and post hearing briefs, if any. <br /> <br />The decision of an Arbitrator on matters properly before them shall be final and binding on <br />the parties. <br /> <br />Section 26. Grievance Procedure <br /> <br />A. A grievance shall be defined as any dispute which involves the interpretation or <br />application of any provision of this Memorandum of Understanding, or those City <br />personnel rules, or pay plan, which fall within the scope of representation. <br />Specifically excluded from the grievance procedure are performance evaluations and <br />denial of merit step increases plus any other matter which provides for a separate <br />appeal process. <br /> <br />B. 1) Within fifteen (15) working days of the occurrence or discovery of an alleged <br />grievance, any employee who believes that he/she has a grievance shall discuss <br />such grievance with such management official in the department in which he/she <br />works as the department head may designate. If the issue is not resolved within <br />the department, the procedures hereinafter specified may be invoked. <br /> <br />2) The employee or their representative shall notify the Human Resources Director <br />or designated representative in writing within fifteen (15) days after discussion of <br />the grievance with the management official in the department in which the <br />employee works that a grievance exists, and in such notification state the <br />particulars of the grievance and if possible, the nature of the determination which <br />is desired. The Human Resources Director or designated representative shall <br />thereafter investigate the issues involved, and within fifteen (15) days after <br />written notification by the Union. No grievance may be processed under <br />paragraphs (c) and (d) below which has not first been filed and investigated in <br />pursuance of this paragraph (b). <br /> <br />3) Any grievance which has not been resolved by the procedures hereinabove set <br />forth may be referred to the City Manager by the employee or their representative <br />or by the Human Resources Director. Any such referral shall be in writing, and <br />the specific issues involved shall be detailed in such referral together with a <br />statement of the resolution which is desired. The City Manager shall designate a <br />personal representative to investigate the merits of the grievance, to meet with the <br />grievant and to settle such grievance or to make recommendations thereon to the <br />City Manager. This shall be the final step of the grievance procedure unless the <br />Union elects step 4 below. <br /> <br />4) In the event the parties hereto are unable to reach a mutually satisfactory accord <br />on any grievance (as the term "grievance" is hereinabove defined) which arises <br /> <br />23 <br /> <br />