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Section 26. Grievance Procedure <br />(1) A grievance shall be defined as any dispute which <br />involves the interpretation or application of any <br />provision of this Memorandum of Understanding, or <br />those City personnel rules, or pay plan, which fall <br />within the scope of representation. Specifically <br />excluded from the grievance procedure are performance <br />evaluations and denial of merit step increases plus <br />any other matter which provides for a separate appeal <br />process. <br />(2) (a) Within fifteen (15) working days of the <br />occurrence or discovery of an alleged grievance, <br />any employee who believes that he/she has a <br />grievance shall discuss such grievance with such <br />management official in the department in which <br />he/she works as the department head may <br />designate. If the issue is not resolved within <br />the department, the procedures hereinafter <br />specified may be invoked. <br />(b) The employee or their representative shall notify <br />the. Human Resources Director or designated <br />representative in writing within fifteen (15) <br />days after discussion of the grievance with the <br />management official in the department in which <br />the employee works that a grievance exists, and <br />in such notification state the particulars of the <br />grievance and if possible, the nature of the <br />determination which is desired. The Human <br />Resources Director or designated representative <br />shall thereafter investigate the issues involved, <br />and within fifteen (15) days after written <br />notification by the Union. No grievance may be <br />processed under paragraphs (c) and (d) below <br />which has not first been filed and investigated <br />in pursuance of this paragraph (b). <br />(c) Any grievance which has not been resolved by the <br />procedures hereinabove set forth may be referred <br />to the City Manager by the employee or their <br />representative or by the Human Resources <br />Director. Any such referral shall be in writing, <br />and the specific issues involved shall be <br />detailed in such referral together with a <br />statement of the resolution which is desired. <br />30 <br />