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<br />6.10 <br />Page 53 <br /> <br />who is a witness to, an accident shall, if requested, give full and truthful testimony as to <br />same. <br /> <br />The Union may appoint two (2) employees of the Fire Department to the Fire <br />Department Safety Committee. <br /> <br />SECTION 21 - GRIEVANCE PROCEDURE <br /> <br />21.1 "Grievance" Defined <br /> <br />A grievance shall be defined as any dispute arising during the term of the MOU <br />which involves the interpretation or application of any provision of this MOU <br />during its term, excluding all ordinances, resolutions, rules and regulations, the <br />subject of which is not specifically covered by the provisions of this MOU. Such <br />excluded ordinances, resolutions, rules and regulations shall not be subject to <br />the grievance procedure. <br /> <br />21.2 Grievance Level I - Initial Discussions <br /> <br />Any employee who believes that he/she has a grievance shall present his/her <br />complaint to the top management official in the department in which he/she <br />works, or with such subordinate management official as the department head <br />may designate. The grievance must be presented within ten (10) days after <br />the grievant knew, or reasonably should have known, of the circumstances <br />which form the basis for the grievance. If the issue is not resolved within the <br />department, or if the employee elects to submit his/her grievance directly to an <br />official of the employee organization which is formally recognized as the <br />representative of the classification to which he/she is assigned, the procedures <br />hereafter specified may be invoked. <br /> <br />21.3 Grievance Level II - Referral to Human Resources Director <br /> <br />Any union represented employee or any official of the employee organization <br />which has been formally recognized by the City and which has jurisdiction over <br />any position directly affected by the grievance, may notify the Human <br />Resources Director and the Department Head in writing that a grievance exists, <br />and in such notification state the particulars of the grievance and if possible the <br />nature of the determination which is desired. <br /> <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 Human <br />Resources Director and the Department Head within ten (10) days after the <br />grievant knew or reasonably should have known of the circumstances which <br />form the basis for the grievance. <br /> <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 Human Resources <br /> <br />46 <br />