Laserfiche WebLink
23 <br /> <br />or his/her designee, shall investigate the merits of the appeal and attempt to resolve the <br />disciplinary issue(s). <br /> <br />31.6 Adjustment Board: In the event the parties are unable to resolve the disciplinary case, the <br />Association, except in termination cases, may submit the disciplinary case to an <br />Adjustment Board. The Adjustment Board shall be composed of three (3) employee <br />representatives and three (3) representatives of the City. <br /> <br />31.7 Arbitration: If the Adjustment Board is unable to arrive at a majority decision, or in <br />termination cases, either the Association or the City may refer the case to an impartial <br />arbitrator who shall be selected by mutual agreement between the Association and the <br />City Manager. The fees and expenses of the arbitrator and of a Court Recorder shall be <br />shared equally by the Association and the City. Each party, however, shall bear the cost <br />of its own presentation, including preparation and post hearing briefs, if any. <br /> <br />31.8 Decisions of the Adjustment Board or Arbitrators on matters properly before them shall be <br />final and binding on the parties, hereto, to the extent permitted by the Charter of the City. <br /> <br />Section 32. Grievance Procedure <br /> <br />32.1 A grievance shall be defined as any dispute which involved the interpretation or application <br />of any provision of this Memorandum of Understanding, excluding all ordinances, <br />resolutions, rules and regulations, the subject of which is not specifically covered by the <br />provisions of this Memorandum. Such excluded ordinances, resolutions, rules and <br />regulations shall not be subject to the Grievance Procedure. <br /> <br />32.2 Grievances as defined in (1) above shall be processed only in the following manner: <br /> <br />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 Chief. 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 /> <br />B. The Association may notify the Human Resources Manager 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 <br />is desired. The Human Resources Manager or designated representative shall <br />thereupon investigate the issues involved, meet with the grievant and attempt to <br />reach a satisfactory resolution of the problem. No grievance may be processed <br />under paragraphs (c) and (d) below which has not first been filed and investigated <br />in pursuance of this paragraph (b). <br /> <br />C. Any grievance which has not been resolved by the procedures herein above set <br />forth may be referred to the City Manager by the Association or by the Human <br />Resources Manager. Any such referral shall be in writing, and the specific issues <br />involved shall be detailed in such referral together with a statement of the <br />resolution, which is desired. The City Manager shall designate a personal <br />representative to investigate the merits of the grievance, to meet with the grievant, <br />and to settle such grievance or to make recommendations thereon to the City <br />Manager. <br />91