AgdaPkt 2016-12-12 Closed and Joint SA PFA

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6.3.E. - Page 52 decision of the City Manager shall be final and binding on grievances except those relating to contract interpretation issues. 21.2.6 No grievance involving the suspension, discharge, reduction in pay, or demotion of such an employee will be entertained unless it is filed in writing with the Personnel Officer within five (5) working days of the time at which the affected employee was notified of such action. The Personnel Officer, with the concurrence of the City Manager, and in pursuance of the provisions of Article 21.2.2 above, or the City Manager, in pursuance of the provisions of Article 21.2.3 above, may resolve a grievance which involves suspension, discharge, reduction in pay, or demotion. 21.2.6 Binding Arbitration 21.2.6.1 Only grievances involving contract interpretation disputes may be referred to Binding Arbitration. 21.2.6.2 Grievances involving the suspension, discharge, reduction in pay or demotion of an employee may not be referred to Binding Arbitration. 21.2,6,3 Contract interpretation grievances may only be referred to Binding Arbitration after they have been thoroughly processed through Article 21.2.5 of the grievance procedure and a decision has been rendered by the City Manager. 21.2.6.4 Within twenty (20) days of the grievant's receipt of the decisions in Article 21.2.5, the Association shall inform the City of its intent as to whether or not the grievance will be arbitrated. The Association and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five names of persons experienced in hearing grievances in cities. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. 21.2.6.6 If either the City or the Association so requests, a separate arbitrator shall be selected to determine the issue of arbitrability. The process to be used in selecting an arbitrator shall be as set forth in Article 21.2.6.4. 21.2.6.6 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him or her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 21.2.6.7 The City and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he or she impose any limitations or obligations not specifically provided for under the terms of this Agreement. The Arbitrator shall be without power of authority to make any decision that requires the City or management to do an act prohibited by law. 29