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Memorandum of Understanding during its term, excluding all ordinances, resolutions, <br /> rules and regulations, the subject of which is not specifically covered by the provisions of <br /> this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not <br /> be subject to the Grievance Procedure. <br /> (b) any disciplinary action, as defined in Article 13.1 (discharge,suspension of two(2)days or <br /> more, or demotion), taken against a worker covered by this Memorandum of <br /> Understanding, except for the dismissal of a worker on his/her original probationary <br /> period. <br /> 26.1.2 A grievance may be filed by an individual worker, or jointly by a group of workers, or by the Union <br /> on behalf of worker(s)who are otherwise eligible to file a grievance. <br /> 26.1.3 A worker may be represented by a Union Representative and/or Union Steward at all steps in the <br /> Grievance Procedure. <br /> 26.1.4 Time limits for appeal provided at any level of this procedure shall begin the first day following <br /> receipt of the written decision by the grievance and/or Union. <br /> 26.1.5 Failure of the grievant or the Union to adhere to the time deadlines shall mean that the grievant is <br /> satisfied with the previous decision and waives the right to further appeal. The grievant and the <br /> City may extend any time deadline by mutual agreement. <br /> 26.1.6 If at any level the City fails to respond within any deadline set forth herein, the grievance shall <br /> automatically advance to the next step. If the grievant fails to respond within any deadline set forth <br /> herein (except the time within a grievance must be filed),the grievance shall automatically advance <br /> to the next step if it was denied at the last step; if an adjustment was proposed by the City, that <br /> adjustment shall be implemented. <br /> 26.1.7 A working day is any day that the City's offices are open for business. <br /> 26.2 Procedure <br /> Grievances as defined in Article 27.1 above shall be processed only in the following manner: <br /> 26.2.1 Step 1 - Informal Level: Any worker who believes that he/she has a grievance shall discuss the <br /> grievance with such management official in the worker's department as the Department Head may <br /> designate. If the issue is not resolved within the department, the procedures hereinafter specified <br /> may be invoked. <br /> 26.2.2 Step 2 - Department Head Level: Any worker may notify the Department Head or his/her <br /> designated representative in writing within twenty(20) working days of the occurrence or the act of <br /> omission giving rise to the grievance that a grievance exists, and in such notification state the <br /> particulars of the grievance and, if possible, the nature of the determination which is desired. <br /> The Department Head or his/her designated representative shall thereupon investigate the issues <br /> involved, meet with the grievant and attempt to reach a satisfactory resolution of the problem. With <br /> the exception of grievances involving disciplinary action, as described in Article 13.1, no grievance <br /> may be processed under Steps 3 and 4 below which has not first been filed and investigated in <br /> pursuant of this Step 2. The Department Head shall respond to the grievance in writing within <br /> 42 <br />