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34 <br />19.2.4 Appeal <br /> <br /> 19.2.4.1 Any grievance which is not resolved pursuant to Sections 19.2.1 <br />through 19.2.3 above may be appealed in writing by the <br />Association requesting that an Appeals Board be convened to <br />hear the grievance. The Association shall have five (5) working <br />days after being notified pursuant to Section 19.2.3 to file such <br />an appeal. The Appeals Board shall consist of three individuals <br />who shall be selected as follows: One member selected by the <br />City Manager; one member selected by the Association; one <br />member to be mutually selected. In the event agreement is not <br />reached on selection of the third member of the Appeals Board, <br />the parties shall strike names from a list of five (5) names <br />provided by the State Mediation and Conciliation Service. The <br />Appeals Board shall convene within three (3) months unless the <br />time is mutually extended by both parties. Notice of the Appeals <br />Board's hearing shall be issued in writing to the interested parties <br />at least one week prior to the date the hearing is scheduled, and <br />such notice shall include the date, time and place of the hearing <br />as designated by the Appeals Board. <br /> <br /> 19.2.4.2 The Appeals Board shall select one of its members to act as <br />chairman. The chairman shall preside over all hearings <br />conducted by the Board, and the Board shall determine its own <br />rules and procedures. The Board shall have the power to <br />examine witnesses under oath which shall be administered by <br />the chairman, and shall hear all testimony, receive documentary <br />evidence, and conduct investigations to the extent it deems <br />necessary, on all issues presented. Strict rules of evidence need <br />not apply. The Board may cause a written transcript of its <br />hearings to be prepared. <br /> <br /> 19.2.4.3 Upon conclusion of its hearing and investigation the Appeals <br />Board shall certify its findings and recommendations in writing to <br />the Association and to the City Manager within fifteen (15) <br />working days. Within fifteen (15) working days of receipt of the <br />findings and recommendations of the Appeals Board, the City <br />Manager shall advise the interested parties in writing of his <br />decision. The decision of the City Manager shall be final and <br />binding on grievances except those relating to contract <br />interpretation issues. <br /> <br /> 19.2.5 No grievance involving the suspension, discharge, reduction in pay, or demotion of <br />such an employee will be entertained unless it is filed in writing with the Personnel <br />Officer within five (5) working days of the time at which the affected employee was <br />notified of such action. The Personnel Officer, with the concurrence of the City <br />Manager, and in pursuance of the provisions of Section 19.2.2 above, or the City <br />Manager, in pursuance of the provisions of Section 19.2.3 above, may resolve a <br />grievance which involves suspension, discharge, reduction in pay, or demotion. <br /> <br /> <br />6.3.B. - Page 115