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26 <br />SLPOA MOU January 1, 2023 – June 30, 2028 <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 Director 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 Director 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 Director. 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 /> <br />D. In the event the parties hereto are unable to reach a mutually satisfactory accord <br />on any grievance, excluding termination cases, (as the term "grievance" is <br />hereinabove defined) which arises and is presented during the term of this <br />Memorandum of Understanding, such grievance shall be referred to an impartial <br />arbitrator who shall be designated by mutual agreement between the Association <br />and the City Manager. The fees and expenses of the arbitrator and of a Court <br />Recorder shall be shared equally by the Association and the City. Each party, <br />however, shall bear the cost of its own presentation, including preparation and post <br />hearing briefs, if any. <br /> <br />Decisions of Arbitrators on matters properly before them shall be final and binding on the <br />parties hereto, to the extent permitted by the Charter of the City. <br /> <br />No Arbitrator shall entertain, hear, decide, or make recommendations on any dispute <br />involving a position over which the Association has jurisdiction unless such dispute falls <br />within the definition of a grievance as hereinabove set forth in paragraph (1) of this section. <br /> <br />Proposals to add or change this Memorandum of Understanding or written agreements or <br />addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend <br />or terminate this Memorandum of Understanding, nor any matter or subject arising out of <br />or in connection with such proposal, may be referred for arbitration under this section; and <br />neither any Arbitrator shall have the power to amend or modify this Memorandum of <br />Understanding or written agreements or addenda supplementary hereto or to establish <br />any new terms or conditions of employment. <br /> <br />32.3 All grievances involving or concerning the payment of compensation shall be initially filed <br />in writing with the Human Resources Director. In such cases no adjustment shall be <br />retroactive for more than sixty (60) calendar days from the date upon which the grievance <br />was filed. Only grievances, which allege that employees are not being compensated in <br />accordance with the provisions of this Memorandum of Understanding, shall be