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6.K. - Page 77 of 190 <br />and the Department Head in writing that a grievance exists, and in such <br />notification state the particulars of the grievance and if possible the nature of <br />the determination which is desired. <br />If the grievance is filed directly at Level II and was not heard at Level I <br />(above), this Level II written grievance notice must be received by the <br />Personnel Officer and the Department Head within fifteen (15� <br />calendar days after the grievant knew or reasonably should have known of the <br />circumstances which form the basis for the grievance. <br />If the grievance was first heard at Level I, and the grievant wishes to pursue <br />the matter, the Level II Grievance must be received by the Personnel Officer <br />within fifteen 15 calendar da s of the decision by the <br />management official (or designee) at Level I. <br />The Personnel Officer shall thereupon investigate the issues involved, and meet <br />with the complainant or representative and attempt to reach a satisfactory <br />resolution of the problem. The Personnel Officer shall communicate his/her <br />decision to the Grievant in writing within fourteen (14) days after receiving the <br />grievance. No grievance may be processed under Subsection 22.4 below which <br />has not first been filed and investigated in pursuance of this Subsection 22.3. <br />22.4 Grievance Level III - Arbitration <br />Either the Union or the City may require that the grievance be referred to an <br />impartial Arbitrator, who shall be designated by mutual agreement between the <br />Union and the City Manager.T+45--A written _referral for arbitration shall be <br />die --submitted W _the reguesting a to the other Da, within tee (10) <br />daysfifteen (15) calendar dam of issuance of the Personnel Officer's decision <br />under Level II. <br />The fees and expenses of the Arbitration and of a court reporter shall be <br />shared equally by the Union and the City. Each parry, however, shall bear the <br />cost of its own presentation, including preparation and post -hearing briefs, if <br />any. <br />Decisions of Arbitrators on matters properly before them shall be final and <br />binding on the parties thereto, to the extent permitted by the Charter of the <br />City. <br />No Arbitrator shall entertain, hear, decide or make recommendations on any <br />dispute involving a position over which a recognized employee organization has <br />jurisdiction, unless such dispute falls within the definition of a grievance as <br />hereinabove set forth in Section 22.1. <br />Proposals to add to or change this MOU or written agreements or addenda <br />supplementary hereto, shall not be arbitrable and no proposal to modify, <br />amend or terminate this MOU nor any matter or subject arising out of or in <br />320 <br />