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AgdaPkt 2018-11-05 Joint SA PFA
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AgdaPkt 2018-11-05 Joint SA PFA
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Last modified
11/7/2018 9:58:26 AM
Creation date
11/1/2018 8:30:38 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
11/5/2018
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6.13. - Page 95 of 366 <br />through section 19.2.54 of the grievance procedure and a <br />decision has been rendered by the City Manager. <br />19.2.65.4 Within twenty (20) days of the grievant's receipt of the decisions <br />in Section 19.2.54, the Association shall inform the City of its <br />intent as to whether or not the grievance will be arbitrated. The <br />Association and the City shall attempt to agree upon an <br />arbitrator. If no agreement can be reached, they shall request <br />that the State Conciliation Service supply a panel of five <br />names of persons experienced in hearing public safest rr <br />grievances in cities. Each party shall alternately strike a name <br />until only one remains. The remaining panel member shall be <br />the arbitrator. The order of the striking shall be determined by <br />lot. <br />19.2.65.5 If either the City or the Association so requests, a separate <br />arbitrator shall be selected to determine the issue of arbitrability. <br />No hearing on the merits of the grievance will be conducted until <br />the issue of arbitrability has been decided. The process to be <br />used in selecting an arbitrator shall be as set forth in 19.2.6.4. <br />19.2.65.6 The arbitrator shall, as soon as possible, hear evidence and <br />render a decision on the issue or issues submitted to him or her. <br />If the parties cannot agree upon a submission agreement, the <br />arbitrator shall determine the issues by referring to the written <br />grievance and the answers thereto at each step. <br />19.2.65.7 The City and the Association agree that the jurisdiction and <br />authority of the arbitrator so selected and the opinions the <br />arbitrator expresses will be confined exclusively to the <br />interpretation of the express provision or provisions of this <br />Agreement at issue between the parties. The arbitrator shall <br />have no authority to add to, subtract from, alter, amend, or <br />modify any provisions of this Agreement or the written <br />ordinances, resolutions, rules, regulations and procedures of the <br />City, nor shall he or she impose any limitations or obligations not <br />specifically provided for under the terms of this Agreement. The <br />Arbitrator shall be without power of authority to make any <br />decision that requires the City or management to do an act <br />prohibited by law. <br />19.2.65.8 The City and the Association agree that the arbitrator shall <br />prepare a written decision containing findings of fact, <br />determinations, of issues and a disposition either: <br />(1) that the position of the association Association shall be <br />sustained; or <br />(2) that the position of the City shall be sustained. <br />19.2.65.9 After a hearing and after both parties have had an opportunity to <br />make written arguments, the arbitrator shall submit in writing to <br />all parties his or her findings and award. <br />EEO <br />114 <br />
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