Agmt 2016 San Leandro Employees Association

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25.4 Notice of Disciplinary Action Whenever a disciplinary action is taken against an employee, the employee shall be notified in writing. Such notification shall include but is not limited to: A. a statement of the disciplinary action taken against the employee, B. a summary of the facts upon which the disciplinary action is based, C. a statement advising the employee that written notice of the disciplinary action is to be placed in his/her official personnel file and that the employee has the right to appeal under the disciplinary appeal procedure set forth in this section. The written notice of disciplinary action may be either personally served or mailed to the employee by certified mail, return receipt requested, addressed to the last address which the employee has furnished the City. 25.5 Appeal Process The Union or Human Resources may appeal the department head's determination to the City Manager within twenty (20) calendar days of the rendering of the decision. Any such appeal shall be in writing, and shall include the specific reasons for the appeal and a statement of the desired remedy. The City Manager, or his/her designee, shall investigate the merits of the appeal and attempt to resolve the disciplinary issues. 25.6 Arbitration In the event the parties are unable to resolve the disciplinary case, either the Union or the City may refer the case to an impartial arbitrator who shall be selected by mutual agreement between the Union and the City Manager or his/her designee. The fees and expenses of the arbitrator and of a Court Recorder shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. The decision of an Arbitrator on matters properly before them shall be final and binding on the parties. 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. 22