Agmt19 MOU Service Employes International Union Local 521

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ARTICLE 26 - GRIEVANCE PROCEDURE 26.1 Definitions 26.1.1 A grievance shall be defined as: 1. any dispute which involves the interpretation or application of any provision of this MOU during its term, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this MOU. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure. 2. any disciplinary action, as defined in Article 13.1 (discharge, suspension of one (1) day or more, or demotion), taken against an employee covered by this MOU, except for the dismissal of an employee on his/her original probationary period. 26.1.2 A grievance may be filed by an individual employee, or jointly by a group of employees, or by the Union on behalf of employee(s) who are otherwise eligible to file a grievance. 26.1.3 An employee may be represented by a Union Representative and/or Union Steward at all steps in the Grievance Procedure. 26.1.4 Time limits for appeal provided at any level of this procedure shall begin the first day following receipt of the written decision by the grievant and/or Union. 26.1.5 Failure of the grievant or the Union to adhere to the time deadlines shall mean that the grievant and Union are satisfied with the previous decision and waives the right to further appeal. The grievant/Union and the City may extend any time deadline by mutual agreement. 26.1.6 If at any level the City fails to respond within any deadline set forth herein, the grievance shall automatically advance to the next step. 26.1.7 Unless otherwise specified, a working day is any day that the City's offices are open for business. 26.2 Procedure Grievances as defined in Article 26.1 above shall be processed only in the following manner: 26.2.1 Step 1 - Informal Level: Any employee who believes that he/she has a grievance shall discuss the grievance with the management official in the employee's department as the Department Head may designate. If the issue is not resolved within the department, the procedures hereinafter specified may be invoked. 26.2.2 Step 2 - Department Head Level: Any employee may notify the Department Head or his/her designated representative in writing within twenty (20) working days of the occurrence or the act of omission giving rise to the grievance that a grievance exists, and in such notification state the particulars of the grievance and, if possible, the nature of the determination which is desired. The Department Head or his/her designated representative shall thereupon investigate the issues involved, meet with the grievant and attempt to reach a satisfactory resolution of the problem. With the exception of grievances involving disciplinary action, as described in Article 13.1, no grievance 47