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(a) An employee who wishes to file a grievance shall discuss the issues with a <br />management official in the department designated by the Police Chie£ In the event <br />the employee is not satisfied, or has not received a response within fifteen (15) <br />calendar days, the grievance may be referred to the Association who may seek a <br />resolution with the management of the department or invoke the procedures <br />hereinafter specified. <br />(b) The Association may notify the Human Resources Director or designated <br />representative in writing that a grievance exists, and in such notification state the <br />particulars of the grievance and if possible, the nature of the determination which is <br />desired. The Human Resources Director or designated representative shall thereupon <br />investigate the issues involved, meet with the grievant and attempt to reach a <br />satisfactory resolution of the problem. 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 />(c) Any grievance which has not been resolved by the procedures herein above set forth <br />may be referred to the City Manager by the Association or by the Human Resources <br />Director. Any such referral shall be in writing, and the specific issues involved shall <br />be detailed in such referral together with a statement of the resolution, which is <br />desired. The City Manager shall designate a personal representative to investigate <br />the merits of the grievance, to meet with the grievant, and to settle such grievance or <br />to make recommendations thereon to the City Manager. <br />(d) In the event the parties hereto are unable to reach a mutually satisfactory accord on <br />any grievance, excluding termination cases, (as the term "grievance" is hereinabove <br />defined) which arises and is presented during the term of this Memorandum of <br />Understanding, such grievance shall be submitted to an Adjustment Board comprised <br />of three (3) employee representatives, and three (3) representatives of the City. <br />(e) If an Adjustment Board is unable to arrive at a majority decision, either the <br />Association or the City may require that the grievance be referred to an impartial <br />arbitrator who shall be designated by mutual agreement between the Association and <br />the City Manager. The fees and expenses of the arbitrator and of a Court Recorder <br />shall be shared equally by the Association and the City. Each party, however, shall <br />bear the cost of its own presentation, including preparation and post hearing briefs, if <br />any. <br />Decisions of Adjustment board or Arbitrators on matters properly before them shall be final <br />and binding on the parties hereto, to the extent -permitted by the Charter of the City. <br />No Adjustment Board or Arbitrator shall entertain, hear, decide or make recommendations <br />on any dispute involving a position over which the Association has jurisdiction unless such <br />dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of <br />this section. <br />proposals to add or change this Memorandum of Understanding or written agreements or <br />addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or <br />terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br />22 <br />