Res11 15077 - Laserfiche WebLink

Browse Search

01/10/2011 If the grievance is filed directly at Level II and was not heard at Level I (above), this Level II written grievance notice must be received by the Human Resources Director and the Department Head within ten (10) days after the grievant knew or reasonably should have known of the circumstances which form the basis for the grievance. If the grievance was first heard at Level I, and the grievant wishes to pursue the matter, the Level II Grievance must be received by the Human Resources Director within ten (10) days of the decision by the management official (or designee) at Level I. The Human Resources Director shall thereupon investigate the issues involved, and meet with the complainant or representative and attempt to reach a satisfactory resolution of the problem. The Human Resources Director shall communicate his /her decision to the Grievant in writing within fourteen (14) days after receiving the grievance. No grievance may be processed under Subsection 21.4 below which has not first been filed and investigated in pursuance of this Subsection 21.3. 21.4 Grievance Level III - Arbitration Either the Union or the City may require that the grievance be referred to an impartial Arbitrator, who shall be designated by mutual agreement between the Union and the City Manager. This referral shall be done within ten (10) days of issuance of the Human Resources Director's decision under Level II. The fees and expenses of the Arbitration 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 presentation, including preparation and post - hearing briefs, if any. Decisions of Arbitrators on matters properly before them shall be final and binding on the parties thereto, to the extent permitted by the Charter of the City. 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 hereinabove set forth in Section 21.1. Proposals to add to or change this MOU or written agreements or addenda 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 Section; and neither shall any Arbitrator have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. 48 Page 54 #15077 MUFF # 905