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<br />21.2.1 Any employee who believes that he/she has a grievance may discuss the grievance with the top <br />management official in the employee's department, or with such subordinate management official <br />as the department head may designate. If the issue is not resolved within the department, the <br />procedures hereinafter specified may be invoked. <br /> <br />21.2.2 The employee may then notify the Human Resources Director and the Association in writing within <br />five (5) working days that a grievance exists. The notification shall state the particulars of the <br />grievance and the remedy which is desired. The Human Resources Director shall investigate the <br />issues involved, meet with the grievant and attempt to reach a satisfactory resolution of the <br />problem. No grievance may be processed under Section 21.2.4 below which has not first been <br />filed and investigated pursuant to this Section 21.2.2. The Human Resources Director shall have <br />twenty (20) working days from the date of notification to issue his decision on the subject <br />grievance. Such notification shall be sent in writing to the grievant and the Association. <br /> <br />21.2.3 Any grievance which has not been resolved by the procedures set forth above may be referred to <br />the City Manager by the grievant or by the Human Resources Director within five (5) working days <br />of receipt of the decision of the Human Resources Director. Any such referral shall be in writing, <br />and shall include the specific issues involved together with a statement of the resolution which is <br />desired. A representative of the City Manager, who shall not be the Human Resources Director, <br />shall investigate the merits of the grievance, meet with the grievant and make recommendations to <br />the City Manager within twenty (20) working days. <br /> <br />21.2.4 <br /> <br />Appeal <br /> <br />21.2.4.1 <br /> <br />21.2.4.2 <br /> <br />Any grievance which is not resolved pursuant to Sections 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 Section 21.2.3 to file such an <br />appeal. The Appeals Board shall consist of three individuals who shall be <br />selected as follows: One member selected by the City Manager; one member <br />selected by the Association; one member to be mutually selected. In the event <br />agreement is not reached on selection of the third member of the Appeals <br />Board, the parties shall strike names from a list of five (5) names provided by the <br />State Mediation and Conciliation Service. The Appeals Board shall convene <br />within three (3) months unless the time is mutually extended by both parties. <br />Notice of the Appeals Board's hearing shall be issued in writing to the interested <br />parties at least one week prior to the date the hearing is scheduled, and such <br />notice shall include the date, time and place of the hearing as designated by the <br />Appeals Board. <br /> <br />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 <br />to examine witnesses under oath which shall be administered by the chairman, <br />and 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 /> <br />29 <br />