Laserfiche WebLink
<br /> <br />00059814-1 <br /> 42 <br /> <br /> 21.2.4 Appeal to Appeals Board <br /> <br /> 21.2.4.1 Any grievance which is not resolved pursuant to Articles 21.2.1 through 21.2.3 <br />above may be appealed in writing by the Association requesting that an Appeals <br />Board be convened to hear the grievance. The Association shall have five (5) <br />working days after being notified pursuant to Article 21.2.3 to file such an appeal. <br />The Appeals Board shall consist of three (3) individuals who shall be selected as <br />follows: One member selected by the City Manager; one member selected by <br />the Association; one member to be mutually selected. In the event agreement is <br />not reached on selection of the third member of the Appeals Board, the parties <br />shall strike names from a list of five (5) names provided by the State Mediation <br />and Conciliation Service. The Appeals Board shall convene within three (3) <br />months unless the time is mutually extended by both parties. Notice of the <br />Appeals Board's hearing shall be issued in writing to the interested parties at <br />least one week prior to the date the hearing is scheduled, and such notice shall <br />include the date, time and place of the hearing as designated by the Appeals <br />Board. <br /> <br /> 21.2.4.2 The Appeals Board shall select one of its members to act as chairperson. The <br />chairperson shall preside over all hearings conducted by the Board, and the <br />Board shall determine its own rules and procedures. The Board shall have the <br />power to examine witnesses under oath which shall be administered by the <br />chairperson, and shall hear all testimony, receive documentary evidence, and <br />conduct investigations to the extent it deems necessary, on all issues presented. <br />Strict rules of evidence need not apply. The Board may cause a written transcript <br />of its hearings to be prepared. <br /> <br /> 21.2.4.3 Upon conclusion of its hearing and investigation the Appeals Board shall certify <br />its findings and recommendations in writing to the Association and to the City <br />Manager within fifteen (15) working days. Within fifteen (15) working days of <br />receipt of the findings and recommendations of the Appeals Board, the City <br />Manager shall advise the interested parties in writing of his or hertheir decision. <br />The decision of the City Manager shall be final and binding on grievances except <br />those relating to contract interpretation issues. <br /> <br /> 21.2.5 No grievance involving the suspension, discharge, reduction in pay, or demotion of such an <br />employee will be entertained unless it is filed in writing with the Personnel Officer within five (5) <br />working days of the time at which the affected employee was provided final notice of such action. <br />The Personnel Officer, with the concurrence of the City Manager, and in pursuance of the <br />provisions of Article 21.2.2 above, or the City Manager, in pursuance of the provisions of Article <br />21.2.3 above, may resolve a grievance which involves suspension, discharge, reduction in pay, or <br />demotion. <br /> <br /> 21.2.6 Binding Arbitration <br /> <br /> 21.2.6.1 Only grievances involving contract interpretation disputes may be referred to <br />Binding Arbitration. <br /> <br /> 21.2.6.2 Grievances involving the suspension, discharge, reduction in pay or demotion of <br />an employee may not be referred to Binding Arbitration. <br />6.I. - Page 56 of 119 <br />470