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merits of the grievance, meet with the grievant and make recommendations to the City Manager <br /> within twenty(20)working days. <br /> 21.2.4 Appeal <br /> 21.2.4.1 Any grievance which is not resolved pursuant to Articles 21.2.1 through 21.2.3 <br /> above may be appealed in writing by the Association requesting that an Appeals <br /> Board be convened to hear the grievance. The Association shall have five (5) <br /> working days after being notified pursuant to Article 21.2.3 to file such an appeal. <br /> The Appeals Board shall consist of three individuals who shall be selected as <br /> follows: One member selected by the City Manager; one member selected by <br /> the Association; one member to be mutually selected. In the event agreement is <br /> not reached on selection of the third member of the Appeals Board, the parties <br /> shall strike names from a list of five (5) names provided by the State Mediation <br /> and Conciliation Service. The Appeals Board shall convene within three (3) <br /> months unless the time is mutually extended by both parties. Notice of the <br /> Appeals Board's hearing shall be issued in writing to the interested parties at <br /> least one week prior to the date the hearing is scheduled, and such notice shall <br /> include the date, time and place of the hearing as designated by the Appeals <br /> Board. <br /> 21.2.4.2 The Appeals Board shall select one of its members to act as chairman. The <br /> chairman shall preside over all hearings conducted by the Board, and the Board <br /> shall determine its own rules and procedures. The Board shall have the power to <br /> examine witnesses under oath which shall be administered by the chairman, and <br /> shall hear all testimony, receive documentary evidence, and conduct <br /> investigations to the extent it deems necessary, on all issues presented. Strict <br /> rules of evidence need not apply. The Board may cause a written transcript of its <br /> hearings to be prepared. <br /> 21.2.4.3 Upon conclusion of its hearing and investigation the Appeals Board shall certify <br /> its findings and recommendations in writing to the Association and to the City <br /> Manager within fifteen (15) working days. Within fifteen (15) working days of <br /> receipt of the findings and recommendations of the Appeals Board, the City <br /> Manager shall advise the interested parties in writing of his or her decision. The <br /> decision of the City Manager shall be final and binding on grievances except <br /> those relating to contract interpretation issues. <br /> 21.2.5 No grievance involving the suspension, discharge, reduction in pay, or demotion of such an <br /> employee will be entertained unless it is filed in writing with the Personnel Officer within five (5) <br /> working days of the time at which the affected employee was notified of such action. The <br /> Personnel Officer, with the concurrence of the City Manager, and in pursuance of the provisions of <br /> Article 21.2.2 above, or the City Manager, in pursuance of the provisions of Article 21.2.3 above, <br /> may resolve a grievance which involves suspension,discharge, reduction in pay,or demotion. <br /> 21.2.6 Binding Arbitration <br /> 21.2.6.1 Only grievances involving contract interpretation disputes may be referred to <br /> Binding Arbitration. <br /> 28 <br />