8J Consent 2010 0201 - Laserfiche WebLink

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Section 26. Grievance Procedure A. A grievance shall be defined as any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding, or those City personnel rules, or pay plan, which fall within the scope of representation. Specifically excluded from the grievance procedure are performance evaluations and denial of merit step increases plus any other matter which provides for a separate appeal process. B. 1) Within fifteen (15) working days of the occurrence or discovery of an alleged grievance, any employee who believes that he/she has a grievance shall discuss such grievance with such management official in the department in which he/she works as the department head may designate. If the issue is not resolved within the department, the procedures hereinafter specified may be invoked. 2) The employee or their representative shall notify the Human Resources Director or designated representative in writing within fifteen (15) days after discussion of the grievance with the management official in the department in which. the employee works that a grievance exists, and in such notification state the particulars of the grievance and if possible, the nature of the determination which is desired. The Human Resources Director or designated representative shall thereafter investigate the issues involved, and within fifteen (15) days after written notification by the Union. No grievance may be processed under paragraphs (c) and (d) below which has not first been filed and investigated in pursuance of this paragraph (b). 3) An_y grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the employee or their representative or by the Human Resources Director. Any such referral shall be in writing, and the specific issues involved shall be detailed in such referral together with a statement of the resolution which is desired. The City Manager shall designate a personal representative to investigate the merits of the grievance, to meet with the grievant and to settle such grievance or to make recommendations thereon to the City Manager. This shall be the final step of the grievance procedure unless the Union elects step 4 below. 4) In the event the parties hereto are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an impartial arbitrator who shall be designated by mutual agreement between the Employee Union and the City Manager. Should the Union and the City Manager fail to reach agreement on selection of the arbitrator within fifteen (15) days, they shall jointlyrequest a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service. If mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains; that person shall serve as the arbitrator. The party which strikes the first name from the list of arbitrators shall be determined by a toss of a coin. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Employee Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. 21