Agmt19 MOU Service Employes International Union Local 521

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may be processed under Steps 3 and 4 below which has not first been filed and investigated in pursuant of this Step 2. The Department Head shall respond to the grievance in writing within twenty (20) working days of receipt of the written grievance. 26.2.3 Step 3 - Human Resources Level: In the event the grievant is not satisfied with the response from the Department Head, the grievant or his/her representative shall have twenty (20) working days from the date a response is received from the Department Head to notify the Personnel Officer or his/her designated representative in writing, and in such notification state the particulars of the grievance and, if possible, the nature of the determination which is desired. The Personnel Officer 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. No grievance may be processed under Steps 4 and 5 below which has not first been filed and investigated pursuant to Step 3. The Personnel Officer shall respond to the grievance in writing within twenty (20) working days of receipt of the written grievance. 26.2.4 Step 4 - City Manager Level: In the event the grievant is not satisfied with the response from the Personnel Officer, the grievant or his/her representative shall have twenty (20) working days from the date response is received from the Personnel Officer to refer the matter to the City Manager. Any such referral shall be in writing, and the specific issues involved shall be detailed in such referral together with a statement of the nature of the relief sought. The City Manager shall designate a personal representative who shall not be the Personnel Officer to investigate the merits of the grievance, to meet with the grievant, and if the grievant is not the Union, to meet also with the officials of the Union, and to settle such grievance or to make recommendations thereon to the City Manager. The City Manager shall respond to the grievance within twenty (20) working days of receipt of the written grievance. 26.2.5 Step 5 - Binding Arbitration: In the event the Union is not satisfied with the response from the City Manager, the Union shall have twenty (20) working days from the date a response is received from the City Manager to require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. If the parties cannot agree on an arbitrator, the State Mediation and Conciliation Service shall be requested to supply a panel of five (5) names. Alternate names shall be stricken until only one name remains. The party to strike first shall be chosen by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own representation and presentation, including preparation and post hearing briefs, if any. 26.2.6 Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. 26.2.7 No arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as set forth in Article 26.1 above. 26.2.8 Proposals to add or change this MOU or written agreements or agenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred for arbitration under this Article; 48