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6.1. C. - Page 33 <br /> ARTICLE 19 <br /> GRIEVANCE PROCEDURE <br /> 19.1 Definition <br /> 19.1.1 A grievance shall be defined as any dispute which involved the interpretation or application of any <br /> provision of this Memorandum of Understanding during its term, excluding all ordinances, <br /> resolutions, rules and regulations, the subject of which is not specifically covered by the provisions <br /> of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be <br /> subject to the Grievance Procedure. Performance evaluations and Letters of Reprimand shall not <br /> be subject to the grievance procedure. <br /> 19.1.2 A working day is any day that the City's offices are open for business. <br /> 19.2 Procedure <br /> Grievances as defined in Section 19.1 above shall be processed only in the following manner: <br /> 19.2.1 Any employee who believes that he/she has a grievance may discuss the grievance with the top <br /> management official in the employee's department, or with such subordinate management official <br /> as the Fire Chief may designate. If the issue is not resolved within the department, the procedures <br /> hereinafter specified may be invoked. <br /> 19.2.2 The employee may then notify the Human Resources Director and the Association in writing within <br /> five (5) working days that a grievance exists. The notification shall state the particulars of the <br /> grievance and the remedy which is desired. The Human Resources Director shall investigate the <br /> issues involved, meet with the grievant and attempt to reach a satisfactory resolution of the <br /> problem. No grievance may be processed under Section 19.2.4 below which has not first been <br /> filed and investigated pursuant to this Section 19.2.2. The Human Resources Director shall have <br /> twenty (20) working days from the date of notification to issue his decision on the subject <br /> grievance. Such notification shall be sent in writing to the grievant and the Association. <br /> 19.2.3 Any grievance which has not been resolved by the procedures set forth above may be referred to <br /> the City Manager by the grievant or by the Human Resources Director within five (5) working days <br /> of receipt of the decision of the Human Resources Director. Any such referral shall be in writing, <br /> and shall include the specific issues involved together with a statement of the resolution which is <br /> desired. A representative of the City Manager, who shall not be the Human Resources Director, <br /> shall investigate the merits of the grievance, meet with the grievant and make recommendations to <br /> the City Manager within twenty (20) working days. <br /> 19.2.4 Appeal <br /> 19.2.4.1 Any grievance which is not resolved pursuant to Sections 19.2.1 through 19.2.3 <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 Section 19.2.3 to file such an <br /> appeal. The Appeals Board shall consist of three individuals who shall be <br /> 26 <br />