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25 Local 21/SLCEA Memorandum of Understanding January 1, 2022 – December 31, 2024 26.5 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 their designee, shall investigate the merits of the appeal and attempt to resolve the disciplinary issues. 26.6 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 their 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 27. 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 they have a grievance shall discuss such grievance with such management official in the department in which they work 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 Human Resources 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