Common use of Arbitration Referral Clause in Contracts

Arbitration Referral. A. If the grievance is not resolved at Step Three, the Union may, within fourteen (14) calendar days after receipt of the Step Three written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the Union. B. The parties agree, within ten (10) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS) by the Union. All arbitrators must reside in Florida or agree to charge travel expenses as if they resided in Tampa, Florida. Within five (5) calendar days after receipt of the list, the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out the first name. C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement, and shall confine his decision solely to the interpretation or application of this Agreement. The arbitrator shall not have authority to determine any issues not submitted to him. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or the Union, and the City. E. The arbitrator's fee and expenses and the fees for the appearance of the court reporter along with the costs associated with the arbitrator’s copy of the transcript (if requested) shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party requesting the participants or the witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. The arbitrator shall be requested to render his decision as quickly as possible. H. In deciding any grievance resulting in retroactive adjustment, such adjustment shall be limited to the date of the initial occurrence, which gave rise to the need for adjustment. I. Upon receipt of the arbitrator's award, corrective action, if any shall be implemented as soon as possible, but in any event not later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either party appeals.

Arbitration Referral. A. If the grievance is not resolved at Step Three, the Union may, within fourteen (14) calendar days after After receipt of the Step Three written responseappeal to arbitration, submit a written the parties shall meet to select an arbitrator. If no agreement can be reached, the parties shall jointly request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the Union. B. The parties agree, within ten (10) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS) by the Union. All arbitrators must reside in Florida or agree to charge travel expenses as if they resided in Tampa, Florida. Within furnish a list of five (5) calendar days after receipt arbitrators. Each party shall have the right to unilaterally reject one list of arbitrators. Thereafter, a list may only be rejected by mutual consent of the list, parties. Both the City and the Union shall have the right to strike two (2) names from the panel. The parties shall meet and alternately cross out names on the list, and the . Lot chance shall determine who shall cross out first. The remaining name person shall be the arbitrator. A coin The arbitrator shall be tossed notified of his selection within five (5) working days by a joint letter from the City and the Union requesting that he set a time and place subject to determine who shall cross out the first nameavailability of the City and Union representatives. C. a. The hearing on the grievance shall be informal and the rules of evidence shall not apply. b. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementa collective bargaining Agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or the Union, and the City. E. The arbitrator's fee and expenses and the fees for the appearance of the court reporter along with the costs associated with the arbitrator’s copy of the transcript (if requested) shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party requesting the participants or the witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. c. The arbitrator shall be requested to render his decision as quickly as possible. H. d. The arbitrator's decision shall be binding for the life of the Agreement. Neither the City nor the Union will be permitted to introduce any grounds or evidence to the arbitrator which was not previously disclosed to the other party. e. Should either party request a transcript of the proceedings, that party shall bear the full cost of the transcripts. If the arbitrator requests a copy, the costs shall be shared equally. f. The arbitrator's fee and expenses shall be shared equally by the City and Union. g. Each party shall bear the full cost of its legal representation at all levels of the grievance procedure. The City shall not pay any off-duty City employee covered by this Agreement for time spent in attendance at the arbitration hearing on behalf of the Union or grievant. h. In deciding case of a grievance involving any continuing or other money claim against the employer, no award shall allow any alleged accruals for more than one (1) pay period prior to the date when such grievance shall be submitted in writing. i. In settlement of any grievance resulting in retroactive adjustmentadjustment of pay and/or benefits, such adjustment shall be limited to a nine month period beginning with the date of the initial occurrenceissuance of the Step 3 grievance response or the date of a mediation hearing, which gave rise to if one is conducted. The nine month period will be extended by any postponement of the need for adjustmentarbitration date by the City. I. Upon receipt j. In the event of the arbitrator's awardarbitration of a grievance arising out of the discharge of an employee, corrective actionthe arbitrator is empowered to either sustain the discharge or, if any he does not, he is empowered to reinstate the employee with or without back pay in whole or in part as the circumstances warrant. Any award of back pay shall be implemented as soon as possiblelimited to nine months and reduced by any unemployment compensation he may have received, but in any event not later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either party appealsand shall comply with paragraph i above.

Arbitration Referral. A. If the employee grievance is not resolved at Step Three2, the Union aggrieved employee may, with or without Union assistance, within fourteen fifteen (1415) calendar days after receipt of the Step Three 2 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The At arbitration hearings the grievant, the Union, if applicable, and the Employer may call a reasonable number of witnesses to offer testimony from direct knowledge only. C. For all grievances, either the Union or the City may request to bypass or waive Steps 1 and 2 in order to take the issue or grievance directly to arbitration. Both parties agree, must mutually agree to waive Steps 1 and/or 2. D. If the parties fail to mutually agree upon an arbitrator within ten fifteen (1015) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS). The party initiating the arbitration shall be responsible for paying FMCS' fees. If the grievant is not sponsored by the Union in the arbitration process, the list of arbitrators shall be requested from the American Arbitration Association (AAA) by the Uniongrievant, who shall pay the cost of obtaining the list. All arbitrators must reside in Florida or agree Each party has the right to charge travel expenses as if they resided in Tampa, Floridareject one (1) list. A new list will be requested by the Labor Relations Office and the fee for the second list shall be paid by the party requesting the new list. Within five fifteen (515) calendar days after receipt of the lista list acceptable to both, the parties shall meet and alternately cross out strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out strike first. If the first nameselected arbitrator is not available to conduct the hearing within sixty (60) days, the Labor Relations Office may request a new list and pay the fee for it. C. E. The grievance hearing shall be informal and the rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreementthe agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or employee, the Union, and the CityEmployer, except that any party may appeal the arbitrator's decision to a court of law. E. H. The arbitrator's fee fees and expenses and shall be borne by the fees for losing party. In the appearance event of the court reporter along with the costs associated with a compromise or split decision, the arbitrator’s copy of the transcript (if requested) 's fees and expenses shall be borne equally by the parties to the arbitration. A compromise or split decision is: (a) a decision in which discipline was not rescinded in full nor totally upheld by the arbitrator or, (b) one of the positions taken by either party with regard to contract interpretation was not upheld by the arbitrator. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party side requesting the participants or the witnesses. Either party desiring transcripts Employees ordered to attend proceedings to testify on behalf of the arbitration hearing shall City will be responsible for the cost placed on duty if attendance falls outside of such transcripts. Each party shall be responsible for their own attorney’s fees normally scheduled work hours and costspaid in accordance with Article 21 of this Agreement. G. J. The arbitrator shall be requested to render his decision as quickly as possible, but in any event, no later than sixty (60) calendar days after the hearing or receipt of post-hearing briefs filed by the parties. H. In deciding any grievance resulting in retroactive adjustmentK. For grievances that include a monetary claim against the Employer, such adjustment the arbitrator shall be limited not award the accrual of back pay and/or benefits that are more than thirty one (31) calendar days prior to the date of the initial occurrence, which gave rise to employee filed the need for adjustmentwritten grievance. I. L. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either award. M. Either party appealsto this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts.

Arbitration Referral. A. If the grievance is not resolved at Step Three4 of the Grievance Procedure, or the appeal of a disciplinary action is upheld as outlined in Article 9, Section 5, only the Union may, within fourteen five (145) calendar working days after of receipt of the Step Three written responseresponse to the appeal, submit a signed written request for arbitration to the City ManagerChief Human Resources Officer. Employees shall not be entitled to arbitrate grievances unless Only the Union refuses or the City may request to arbitrate an employee’s take the grievance solely because to arbitration. The arbitration request must specify the employee is not a Union member in which event the employee contract articles and terms believed to have been violated; reference to “all other terms that may apply” or words to that effect constitutes insufficient notice and shall be entitled to arbitrate under the same conditions and financial obligations as the Uniondisregarded. B. The parties agreeparty requesting arbitration shall, within ten fifteen (1015) calendar working days after timely submission under Section 2.A., submit the date of receipt of grievance in writing to the arbitration requestFederal Mediation and Conciliation Service (“FMCS”) with a copy to the non-requesting party, and request a list of seven (7) qualified neutrals arbitrators from which one (1) shall be requested from the Federal Mediation and Conciliation Service (FMCS) selected by the Union. All arbitrators must reside in Florida or agree to charge travel expenses as if they resided in Tampa, Floridaalternate striking. Within five ten (510) calendar working days after the receipt of the listlist of qualified neutrals from the FMCS, the parties party requesting arbitration shall meet contact the other party so that they shall confer and alternately cross out the names on the list, and the remaining name shall be the arbitrator. A coin toss shall be tossed to determine who which party strikes first under this procedure, after which time the party striking second at the outset hereunder shall cross out strike first and, thereafter, the Parties shall alternate first namestrikes. C. Within ten (10) working days after the selection of the arbitrator, both parties shall confer and select a mutually agreed upon date for such arbitration to be heard. It shall be the responsibility of the party requesting arbitration to obtain the dates that are available from the arbitrator who will hear the arbitration. If the requesting party fails to move forward within thirty (30) calendar days after the selection of the arbitrator, then the arbitration shall be deemed withdrawn. Any extension of time must be reduced to writing, agreed upon by both parties and signed by the party not requesting arbitration. D. All arbitration hearings will be held at either the Union offices or at a designated City location on an alternating basis. E. The hearing on the grievance shall be informal and the strict rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementa Collective Bargaining Agreement in arriving at a decision of the issue or issues presented, and shall confine his their decision solely to the interpretation or application of this the Agreement. The arbitrator shall allow pre-arbitration discovery to be conducted by the parties in accordance with Florida Statutes, Chapter 682. The arbitrator shall not have the authority to determine any other issues not submitted to him. submitted. G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the parties, absent any successful appeal consistent with Florida law. H. The arbitrator's fees and expenses shall be borne by the losing party as determined by the arbitrator. Where the Union represents the aggrieved employee and/or in the Unionarbitration proceeding, and the arbitrator determines in favor of the City. E. The , the Union will be considered to be the losing party and will bear the full cost and expenses. In the event of a compromise award, the arbitrator's fee and expenses and the fees for the appearance of the court reporter along with the costs associated with the arbitrator’s copy of the transcript (if requested) expense shall be borne equally by the parties to the arbitration. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of each side. J. In the party requesting case of a grievance involving any continuing or other money claim against the participants or the witnesses. Either party desiring transcripts of the arbitration hearing City, no award shall be responsible made by the arbitrator, which shall allow any alleged accruals for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. The arbitrator shall be requested to render his decision as quickly as possible. H. In deciding any grievance resulting in retroactive adjustment, such adjustment shall be limited more than five (5) calendar days prior to the date of the initial occurrence, which gave rise to the need for adjustmentwhen such grievance shall have been submitted in writing. I. Upon receipt of the arbitrator's awardK. In both contract cases and in discipline cases, corrective action, if any any, shall be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. In termination of employment cases involving reinstatement, unless the reinstatement shall commence with the start of the next payroll period. L. The Union, or the City may request that a transcript be made of the arbitration; however, the party desiring the transcript of the arbitration hearings shall be responsible for the cost of such transcript. M. Post-hearing briefs may be directed by mutual agreement of the City and the Union. N. The arbitration may proceed in the absence of any party who, after due notice, fails to be present. If the employee grieving fails to appear at an arbitration, the arbitrator shall hear the evidence and render a decision thereon. If the City fails to appear and if no evidence is offered in support of the City’s charges, the arbitrator may render a decision by default or may hear evidence offered by the grievant and render a decision thereon. An award shall not be made solely on the default of a party. O. The arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered. P. When both sides have completed their presentations, the arbitrator shall ask whether either party appealshas any further evidence to offer or witnesses to be heard. Upon receiving negative replies, the arbitrator shall declare and note the hearing closed. Q. The award shall be rendered promptly by the arbitrator, and unless otherwise agreed by the parties, not later than twenty (20) calendar days from the date of the closing of the hearing. R. The awards shall be in writing and shall be signed by the arbitrator. If the arbitrator determines that an opinion is necessary, it shall be in summary form. S. The expenses of non-City employee witnesses for either side shall be paid by the party producing such witnesses. City employees called as witnesses shall be paid if called during normal working hours. The arbitrator may limit testimony which they deem repetitive and/or unnecessary. T. The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties. U. The decision rendered by the arbitrator will be final and binding on the specific issue involved. The arbitrator shall have the authority to determine the precedential value of prior arbitration decisions involving the City and the Union and shall be as consistent as possible. Prior awards, where the basis of the decision is no longer applicable may be specifically overruled.

Arbitration Referral. A. If the employee grievance is not resolved at Step Three2, the Union aggrieved employee may, with or without Union assistance, within fourteen fifteen (1415) calendar days after receipt of the Step Three 2 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The At arbitration hearings the grievant, the Union if applicable, and the Employer may call a reasonable number of witnesses to offer testimony from direct knowledge only. C. For all grievances, either the Union or the City may request to bypass or waive Steps 1 and 2 in order to take the issue or grievance directly to arbitration. Both parties agree, must mutually agree to waive Steps 1 and/or 2. D. If the parties fail to mutually agree upon an arbitrator within ten fifteen (1015) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS). The party initiating the arbitration shall be responsible for paying FMCS’s fees. If the grievant is not sponsored by the Union in the arbitration process, the list of arbitrators shall be requested from the American Arbitration Association, (AAA) by the Uniongrievant, who shall pay the cost of obtaining the list. All arbitrators must reside in Florida or agree Each party has the right to charge travel expenses as if they resided in Tampa, Floridareject one list. A new list will be requested by the Labor Relations Office and the fee for the second list shall be paid by the party requesting the new list. Within five fifteen (515) calendar days after receipt of the lista list acceptable to both, the parties shall meet and alternately cross out strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out strike first. If the first nameselected arbitrator is not available to conduct the hearing within sixty (60) days, the Labor Relations Office may request a new list and pay the fee for it. C. E. The grievance hearing shall be informal and the rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his the decision solely to the interpretation or application of this Agreementthe agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. the arbitrator. G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or employee, the Union, and the CityEmployer, except that any party may appeal the arbitrator's decision to a court of law. E. H. The arbitrator's fee fees and expenses and shall be borne by the fees for losing party. In the appearance event of the court reporter along with the costs associated with a compromise or split decision, the arbitrator’s copy of the transcript (if requested) 's fees and expenses shall be borne equally by the parties to the arbitration. A compromise or split decision is: (a) a decision in which discipline was not rescinded in full nor totally upheld by the arbitrator or, (b) one of the positions taken by either party with regard to contract interpretation was not upheld by the arbitrator. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party side requesting the participants or the witnesses. Either party desiring transcripts Employees ordered to attend proceedings to testify on behalf of the arbitration hearing shall City will be responsible for the cost placed on duty if attendance falls outside of such transcripts. Each party shall be responsible for their own attorney’s fees normally scheduled work hours and costspaid in accordance with Article 21 of this Agreement. G. J. The arbitrator shall be requested to render his the decision as quickly as possible, but in any event, no later than forty-five (45) calendar days after the hearing or receipt of post-hearing briefs filed by the parties. H. In deciding any grievance resulting in retroactive adjustmentK. For grievances that include a monetary claim against the Employer, such adjustment the arbitrator shall be limited not award the accrual of back pay and/or benefits that are more than thirty one (31) calendar days prior to the date of the initial occurrence, which gave rise to employee filed the need for adjustmentwritten grievance. I. L. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. M. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts. Please attach any statements or information to support your grievance. Type or print neatly. NAME (Employee filing) Work Phone Classification/Rank Shift Division Date of Occurrence of Grievance Article & Section of Agreement alleged to have been violated Please check appropriate box: Step 1 [ ] Fire Chief [ ] Step 2 Labor Relations [ ] Class Grievance DESCRIBE all of the facts concerning the grievance (date, unless either party appealstime, place, persons involved, etc.): REQUESTED REMEDY: EMPLOYEE/UNION DEPARTMENT/CITY Signature (Employee filing grievance) Time/Date Grievance received by (Signature) SPAFF Representative Signature Time/Date Time/Date of receipt As provided by the SPAFF contract, I wish to appeal my grievance to Step 2. Signature (Employee filing grievance) Time/Date Grievance received by (Signature) SPAFF Representative Signature Time/Date Time/Date of Receipt This form is to be used by the Fire Chief/Designee and Labor Relations to respond to Step 1 and Step 2 SPAFF Grievances. TO: FROM: Employee/Grievant or SPAFF Representative Fire Chief/Designee or Labor Relations Date Grievance Filed: Date of Hearing: The following is in response to the above-referenced grievance. (Attach additional sheets if necessary.) Hearing Officer's Signature Date (Fire Chief/Designee or Labor Relations)

Arbitration Referral. A. If the employee grievance is not resolved at Step Three3, the aggrieved employee or the Union may, within fourteen fifteen (1415) calendar days after receipt of the Step Three 3 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The In general or class grievances, either the Union or the Employer may request to take the grievance to arbitration. C. Within ten (10) work days after the date of receipt of the arbitration request, the aggrieved employee and/or the Union representative, if applicable, and the Employer may meet for the purpose of preparing a joint arbitration agreement whereby the parties agree, will attempt to define the issue or issues to be submitted to the arbitrator and jointly select an arbitrator. D. If the parties fail to mutually agree upon an arbitrator within ten (10) calendar work days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be jointly requested from the Federal Mediation and Conciliation Service (FMCS) by ). The party requesting the Unionarbitration shall be responsible for whatever fee may be charged at the time the list is requested; however, once an arbitrator has responded, either the losing party pays the fee for the initial list, or in the case of a split decision, both parties share the cost of the fee. All arbitrators must reside Should the parties determine that the issue in Florida or agree to charge travel expenses as if they resided dispute requires an arbitrator with special expertise, it shall be indicated in Tampa, Floridathe request. Within five (5) calendar work days after receipt of the list, the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. If, for a Union or employee initiated Arbitration, the Union or employee fails to appear to strike names with the Employer within fifteen (15) work days from receipt of the list, the request for arbitration will be deemed to be withdrawn. A coin shall be tossed to determine who shall cross out first. If the first nameselected arbitrator is not available within sixty (60) days, another list may be requested by the moving party and the above described procedures will be followed for selection from the list. Upon selection of the arbitrator, the parties shall jointly notify FMCS of the selection. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged in connection with this selection process. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. C. E. The date, time, and place of the hearing shall be established by consultation between the arbitrator and the parties concerned. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreementagreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or or the Union, Union and the CityEmployer. E. H. The arbitrator's fee and expenses shall be borne by the losing party as determined and shall be so stipulated by the arbitrator. Where the Union represents the aggrieved employee in the arbitration proceeding and the fees for the appearance arbitrator determines in favor of the court reporter along with Employer, the costs associated with Union will be considered the losing party, and will bear the full cost of the award. In the event of a compromise or split award, the arbitrator’s copy of the transcript (if requested) 's fee and expenses shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation . The expenses in connection with attendance of participants or and witnesses for either side shall be the responsibility of paid by the party requesting the and producing such participants or the and witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. I. The arbitrator shall be requested to render his decision as quickly soon as possible, but in any event, no later than thirty (30) calendar days after the hearing. H. J. In deciding case of a grievance involving any grievance resulting in retroactive adjustmentcontinuing or other money claim against the Employer, such adjustment no award shall be limited made by the arbitrator which shall allow any alleged accruals for more than one (1) pay period prior to the date of the initial occurrence, which gave rise to the need for adjustmentwhen such grievance shall have been submitted in writing. I. K. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. L. Either party to this agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts, unless if available. FPSU GRIEVANCE CITY OF ST. PETERSBURG Please attach any statements or information to support your grievance. Type or print neatly. NAME (Employee filing) Work phone Classification Shift Department Date of Occurrence of Grievance Article & Section of Agreement alleged to have been violated DESCRIBE all of the facts concerning the grievance (date, time, place, persons involved, etc.): REQUESTED REMEDY: EMPLOYEE/UNION DEPARTMENT/CITY Signature (Employee filing grievance) Time/Date Grievance received by (Signature) FPSU Representative Signature Time/Date Time/Date of receipt As provided by the FPSU contract, I wish to appeal my grievance to Step 2 [ ] Step 3 [ ] Signature (Employee filing grievance) Time/Date Grievance received by (Signature) FPSU Representative Signature* Time/Date Time/Date of Receipt *Signature required if employee is being represented by Union; the FPSU representative who signs will be the contact point for either party appealsthe Department or Labor Relations in setting the grievance hearing. FPSU GRIEVANCE CITY OF ST. PETERSBURG Grievance No. This form is to be used by the Manager/Director or Designee and Labor Relations to respond to FPSU Grievances. TO: FROM : Employee/Grievant or FPSU Representative Department or Labor Relations Date Grievance Filed: Date of Hearing: The following is in response to the above-referenced grievance. (Attach additional sheets if necessary.) Hearing Officer's Signature Date (Department Mgr, Director, or Designee/Labor Relations) 10/08 REQUEST FOR ARBITRATION CITY OF ST. PETERSBURG Employee Name Id # Date: Classification Shift Location FPSU Representative Title (If Applicable) Date Received Step 3 Answer: TO: LABOR RELATIONS OFFICER Statement of Grievance: Date, Details and Facts Upon Which Grievance is Based: Article: Section of the Labor Agreement alleged to have been violated. Action, Remedy or Solution Requested: FPSU Representative Signature Date Employee's Signature Date FPSU President's Signature Date LABOR RELATIONS OFFICER'S SIGNATURE Date

Arbitration Referral. A. If the grievance is not resolved at Step Three4 of the Grievance Procedure, the Union PBA may, within fourteen (14) calendar days after receipt of the Step Three written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the Union. B. The parties agree, within ten (10) calendar working days of the date the response was due in Step 4, submit a request for arbitration to the Sheriff. In general grievances, either the PBA or the PBSO may request to take the issue or grievance to arbitration. B. If the Parties fail to mutually agree upon an arbitrator within ten (10) days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service ("FMCS") shall be requested by either Party, with a copy of the Union. All arbitrators must reside in Florida or agree request sent to charge travel expenses as if they resided in Tampa, Floridathe other Party. Within five (5) calendar working days after the receipt of the list, the parties Parties shall meet and alternately cross out the names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who The Party bringing the grievance shall cross out the first name. Either Party may strike an entire panel. Failure of the Parties to select an arbitrator within thirty (30) calendar days of receipt of the panel from FMCS will be considered a withdrawal of the grievance with prejudice. C. The arbitration hearing shall be conducted at either the Sheriff's Office or the PBA on an alternating case basis; the first of which case shall be heard at the PBA. D. The hearing on the grievance shall be informal and the strict rules of evidence shall not apply. E. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this AgreementCollective Bargaining Agreement in arriving at a decision of the issue or issues presented, and shall confine his or her decision solely to the interpretation or application of this the Agreement. The arbitrator shall not have the authority to determine any issues not submitted to him. submitted. F. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or employee, the Unionunion and employer, and the Cityexcept as provided by Florida law. E. G. The arbitrator's fee and expenses and the fees for the appearance of the court reporter along with the costs associated with the arbitrator’s copy of the transcript (if requested) shall be borne equally by the parties Parties, unless otherwise agreed to by the arbitrationParties. F. H. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party requesting the participants or the witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costseach side. G. I. The arbitrator shall be requested to render his tender his/her decision as quickly as possible, but in any event, no later than thirty (30) calendar days after the hearing. H. J. In deciding the case of a grievance involving any grievance resulting in retroactive adjustmentcontinuing or other money claim against the employer, such adjustment no award shall be limited made by the arbitrator, which shall allow any monetary payment, damages or accruals for more than five (5) working days prior to the date of the initial occurrence, which gave rise to the need for adjustmentwhen such grievances shall have been first submitted in writing. I. K. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not later than fifteen (15) calendar days after receipt . L. If a Party to this Agreement requests a copy of transcripts of the arbitrator's decisionarbitration hearings, unless either the requesting party appealsshall bear the cost of such transcripts.

Arbitration Referral. A. If the grievance is either not resolved at Step Three3 of the Grievance Procedure, or the appeal of a disciplinary action is upheld as outlined in Article 13, Section 6, the Union may, may within fourteen ten (1410) calendar working days after receipt of from the Step Three written response, City’s response submit a written request for arbitration to the Human Resources Department Only the Union or the City Managermay request to take the issue or grievance to arbitration. Employees shall not be entitled If the request to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the Union. B. The parties agree, received within ten (10) calendar working days of the receipt of either response as indicated above the grievance and any request to arbitrate is deemed withdrawn with prejudice not to re- file. B. Within ten (10) working days after the date of receipt of the request for arbitration: 1. The Union and the City may meet for the purpose of preparing a joint arbitration requestagreement whereby the parties will attempt to define the issue to be submitted to any arbitrator who may be selected, and; 2. The party requesting arbitration shall request a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS) by and simultaneously serve the Union. All arbitrators must reside in Florida or agree to charge travel expenses as if they resided in Tampa, Florida. other party with a copy of such request. C. Within five ten (510) calendar working days after receipt of the listdated FMCS document listing the qualified neutrals, the parties party requesting arbitration shall meet contact the other party so that they shall confer and alternately cross out the names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross cross-out first, or as mutually agreed upon by both parties involved in the first nameselection process. C. D. Within ten (10) working days after the selection of the arbitrator, both parties shall select a mutually agreed upon date for such arbitration to be heard. It shall be the responsibility of the party requesting arbitration to obtain the dates that are available from the arbitrator who will hear the arbitration. If the party requesting arbitration fails to follow any of the above established time limits the arbitration shall be deemed withdrawn with prejudice not to re-file. E. The arbitration shall be informal and the strict rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementa collective bargaining agreement in arriving at a decision regarding the issue or issues presented, and shall confine his his/her decision solely to the interpretation or application of this Agreementthe agreement. The arbitrator shall not have the authority to determine any other issues not submitted to him. submitted. G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or the Union, Union and the CityCity in the absence grounds to vacate under Fla. Stat. Chapter 682 (Revised Florida Arbitration Code). E. H. The arbitrator's fee fees and expenses and shall be borne by the fees for losing party as determined by the appearance arbitrator. If the arbitrator determines in favor of the court reporter along with City, the costs associated with Union will be considered to be the losing party, and will bear the full cost of the arbitrator’s copy of fees and expenses. In the transcript (if requested) event the arbitrator deems his/her award as a compromise award, the arbitrator's fees and expenses shall be borne equally by the parties to the arbitration. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of each side. J. The arbitrator shall be requested to tender his/her decision as quickly as possible but in any event no later than thirty (30) calendar days after the party requesting hearing. K. In the participants case of a grievance involving any continuing or other money claim against the witnesses. City, no award shall be made by the arbitrator which shall allow any alleged accruals for more than five (5) calendar days prior to the date when such grievance shall have been submitted in writing. L. Upon receipt of the arbitrator's award, corrective action, if any, will be implemented as soon as possible, but in any event, no later than fifteen (15) calendar days after receipt of the arbitrator's award. M. Either party to this agreement desiring transcripts a transcript of the arbitration hearing shall be responsible for the cost of such transcripts. Each party In the event that both parties request transcripts, the cost of the transcript will be shared equally between the parties. N. If the employee who is the subject of the arbitration fails to appear, the grievance or appeal of a disciplinary action is deemed withdrawn with prejudice not to re-file. If the City shall fail to appear and, if no evidence is being offered in support of the City’s charges, the arbitrator may render a decision by default or may hear evidence offered by the grievant, through his/her Union representative, and render a decision thereon. O. In the case of an arbitration appealing a termination of employment, the acceptance by the City of the resignation of an Employee before the scheduled date of arbitration shall act to nullify the arbitration hearing, and the proceedings shall be dismissed without an award or opinion but with prejudice not to re-file. Any employee resigning under such circumstances forfeits all rights, including any appeal or grievance of any disciplinary action(s). The Union shall be responsible for their own attorney’s all fees and costscharges associated with a cancellation of arbitration due to resignation. G. The arbitrator shall be requested to render his decision as quickly as possible. H. In deciding any grievance resulting in retroactive adjustment, such adjustment shall be limited to the date of the initial occurrence, which gave rise to the need for adjustment. I. Upon receipt of the arbitrator's award, corrective action, if any shall be implemented as soon as possible, but in any event not later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either party appeals.

Arbitration Referral. A. If the employee grievance is not resolved at Step Three2, the Union aggrieved employee may, with or without Union assistance, within fourteen fifteen (1415) calendar days after receipt of the Step Three 2 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The At arbitration hearings the grievant, the Union if applicable, and the Employer may call a reasonable number of witnesses to offer testimony from direct knowledge only. C. For all grievances, either the Union or the City may request to bypass or waive Steps 1 and 2 in order to take the issue or grievance directly to arbitration. Both parties agree, must mutually agree to waive Steps 1 and/or 2. D. If the parties fail to mutually agree upon an arbitrator within ten fifteen (1015) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS). The party initiating the arbitration shall be responsible for paying FMCS’s fees. If the grievant is not sponsored by the Union in the arbitration process, the list of arbitrators shall be requested from the American Arbitration Association, (AAA) by the Uniongrievant, who shall pay the cost of obtaining the list. All arbitrators must reside in Florida or agree Each party has the right to charge travel expenses as if they resided in Tampa, Floridareject one list. A new list will be requested by the Labor Relations Office and the fee for the second list shall be paid by the party requesting the new list. Within five fifteen (515) calendar days after receipt of the lista list acceptable to both, the parties shall meet and alternately cross out strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out strike first. If the first nameselected arbitrator is not available to conduct the hearing within sixty (60) days, the Labor Relations Office may request a new list and pay the fee for it. C. E. The grievance hearing shall be informal and the rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his the decision solely to the interpretation or application of this Agreementthe agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. the arbitrator. G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or employee, the Union, and the CityEmployer, except that any party may appeal the arbitrator's decision to a court of law. E. H. The arbitrator's fee fees and expenses and shall be borne by the fees for losing party. In the appearance event of the court reporter along with the costs associated with a compromise or split decision, the arbitrator’s copy of the transcript (if requested) 's fees and expenses shall be borne equally by the parties to the arbitration. A compromise or split decision is: (a) a decision in which discipline was not rescinded in full nor totally upheld by the arbitrator or, (b) one of the positions taken by either party with regard to contract interpretation was not upheld by the arbitrator. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party side requesting the participants or the witnesses. Either party desiring transcripts Employees ordered to attend proceedings to testify on behalf of the arbitration hearing shall City will be responsible for the cost placed on duty if attendance falls outside of such transcripts. Each party shall be responsible for their own attorney’s fees normally scheduled work hours and costspaid in accordance with Article 21 of this Agreement. G. J. The arbitrator shall be requested to render his the decision as quickly as possible, but in any event, no later than forty-five (45) calendar days after the hearing or receipt of post-hearing briefs filed by the parties. H. In deciding any grievance resulting in retroactive adjustmentK. For grievances that include a monetary claim against the Employer, such adjustment the arbitrator shall be limited not award the accrual of back pay and/or benefits that are more than thirty one (31) calendar days prior to the date of the initial occurrence, which gave rise to employee filed the need for adjustmentwritten grievance. I. L. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. M. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts. NAME (Employee filing) Work Phone Classification/Rank Shift Division Date of Occurrence of Grievance Please attach any statements or information to support your grievance. Type or print neatly. Article & Section of Agreement alleged to have been violated Please check appropriate box: Step 1 [ ] Fire Chief [ ] Step 2 Labor Relations [ ] Class Grievance DESCRIBE all of the facts concerning the grievance (date, unless either party appealstime, place, persons involved, etc.): REQUESTED REMEDY: EMPLOYEE/UNION DEPARTMENT/CITY Signature (Employee filing grievance) Time/Date Grievance received by (Signature) SPAFF Representative Signature Time/Date Time/Date of receipt As provided by the SPAFF contract, I wish to appeal my grievance to Step 2. Signature (Employee filing grievance) Time/Date Grievance received by (Signature) SPAFF Representative Signature Time/Date Time/Date of Receipt This form is to be used by the Fire Chief/Designee and Labor Relations to respond to Step 1 and Step 2 SPAFF Grievances. TO: FROM: Employee/Grievant or SPAFF Representative Fire Chief/Designee or Labor Relations Date Grievance Filed: Date of Hearing: The following is in response to the above-referenced grievance. (Attach additional sheets if necessary.) Hearing Officer's Signature Date (Fire Chief/Designee or Labor Relations)

Arbitration Referral. A. If the employee grievance is not resolved at Step Three2, the Union aggrieved employee may, with or without Union assistance, within fourteen fifteen (1415) calendar days after receipt of the Step Three 2 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The At arbitration hearings the grievant, the Union if applicable, and the Employer may call a reasonable number of witnesses to offer testimony from direct knowledge only. C. For all grievances, either the Union or the City may request to bypass or waive Steps 1 and 2 in order to take the issue or grievance directly to arbitration. Both parties agree, must mutually agree to waive Steps 1 and/or 2. D. If the parties fail to mutually agree upon an arbitrator within ten fifteen (1015) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS). The party initiating the arbitration shall be responsible for paying FMCS‟s fees. If the grievant is not sponsored by the Union in the arbitration process, the list of arbitrators shall be requested from the American Arbitration Association, (AAA) by the Uniongrievant, who shall pay the cost of obtaining the list. All arbitrators must reside in Florida or agree Each party has the right to charge travel expenses as if they resided in Tampa, Floridareject one list. A new list will be requested by the Labor Relations Office and the fee for the second list shall be paid by the party requesting the new list. Within five fifteen (515) calendar days after receipt of the lista list acceptable to both, the parties shall meet and alternately cross out strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out strike first. If the first nameselected arbitrator is not available to conduct the hearing within sixty (60) days, the Labor Relations Office may request a new list and pay the fee for it. C. E. The grievance hearing shall be informal and the rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreementthe agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or employee, the Union, and the CityEmployer, except that any party may appeal the arbitrator's decision to a court of law. E. H. The arbitrator's fee fees and expenses and shall be borne by the fees for losing party. In the appearance event of the court reporter along with the costs associated with a compromise or split decision, the arbitrator’s copy of the transcript (if requested) 's fees and expenses shall be borne equally by the parties to the arbitration. A compromise or split decision is: (a) a decision in which discipline was not rescinded in full nor totally upheld by the arbitrator or, (b) one of the positions taken by either party with regard to contract interpretation was not upheld by the arbitrator. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party side requesting the participants or the witnesses. Either party desiring transcripts Employees ordered to attend proceedings to testify on behalf of the arbitration hearing shall City will be responsible for the cost placed on duty if attendance falls outside of such transcripts. Each party shall be responsible for their own attorney’s fees normally scheduled work hours and costspaid in accordance with Article 21 of this Agreement. G. J. The arbitrator shall be requested to render his decision as quickly as possible, but in any event, no later than forty-five (45) calendar days after the hearing or receipt of post-hearing briefs filed by the parties. H. In deciding any grievance resulting in retroactive adjustmentK. For grievances that include a monetary claim against the Employer, such adjustment the arbitrator shall be limited not award the accrual of back pay and/or benefits that are more than thirty one (31) calendar days prior to the date of the initial occurrence, which gave rise to employee filed the need for adjustmentwritten grievance. I. L. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either award. M. Either party appealsto this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts.

Arbitration Referral. A. If the employee or class grievance is not resolved at Step Three2, the aggrieved employee or the Union may, within fourteen ten (1410) calendar working days after receipt of the Step Three 2 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The In general grievances, either the Union or the Employer may request to take the grievance to arbitration. C. Within ten (10) work days after the date of receipt of the arbitration request, the aggrieved employee and/or the Union representative, if applicable, and the Employer may meet for the purpose of preparing a joint arbitration agreement whereby the parties agree, will attempt to define the issue or issues to be submitted to the arbitrator and jointly select an arbitrator. D. If the parties fail to mutually agree upon an arbitrator within ten (10) calendar work days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be jointly requested from the Federal Mediation and Conciliation Service (FMCS) by ). The party requesting the Unionlist shall be responsible for whatever fee may be charged. All arbitrators must reside Should the parties determine that the issue in Florida or agree to charge travel expenses as if they resided dispute requires an arbitrator with special expertise, it shall be indicated in Tampa, Floridathe request. Within five ten (510) calendar work days after receipt of the list, the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. If, for a Union or employee initiated Arbitration, the Union or employee fails to appear to strike names with the Employer within twenty-one (21) calendar days from receipt of the list, the request for arbitration will be deemed to be withdrawn. A coin shall be tossed to determine who shall cross out first. If the first nameselected arbitrator is not available within sixty (60) days, another list may be requested by the moving party and the above described procedures will be followed for selection from the list. Upon selection of the arbitrator, the parties shall jointly notify the Office of Arbitration Service (FMCS) of the selection. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. C. E. The date, time, and place of the hearing shall be established by consultation between the arbitrator and the parties concerned. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreementagreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or or the Union, Union and the CityEmployer. E. H. The arbitrator's fee and expenses and shall be borne by the fees for losing party. In the appearance event of a compromise or split award where the court reporter along with arbitrator does not fully uphold the costs associated with position of either party, the arbitrator’s copy of the transcript (if requested) 's fee and expenses shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation . The expenses in connection with attendance of participants or and witnesses for either side shall be the responsibility of paid by the party requesting and producing such participants and witnesses. I. The arbitrator shall be requested to render his decision as soon as possible, but in any event, no later than thirty (30) calendar days after the participants hearing. J. In case of a grievance involving any continuing or other money claim against the witnesses. Employer, no award shall be made by the arbitrator which shall allow any alleged accruals for more than one pay period prior to the date when such grievance shall have been submitted in writing. K. Upon receipt of the arbitrator's award, corrective action, if any, will be implemented as soon as possible, but in any event no later than fifteen (15) calendar days after receipt of the arbitrator's award. L. Either party to this agreement desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. The arbitrator shall be requested to render his decision as quickly as possible. H. In deciding any grievance resulting in retroactive adjustment, such adjustment shall be limited to the date of the initial occurrence, which gave rise to the need for adjustment. I. Upon receipt of the arbitrator's award, corrective action, if any shall be implemented as soon as possible, but in any event not later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either party appealsavailable.

Arbitration Referral. A. If the employee grievance is not resolved at Step Three3, the aggrieved employee or the Union may, within fourteen fifteen (1415) calendar days after receipt of the Step Three 3 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The In general or class grievances, either the Union or the Employer may request to take the grievance to arbitration. C. Within ten (10) work days after the date of receipt of the arbitration request, the aggrieved employee and/or the Union representative, if applicable, and the Employer may meet for the purpose of preparing a joint arbitration agreement whereby the parties agree, will attempt to define the issue or issues to be submitted to the arbitrator and jointly select an arbitrator. D. If the parties fail to mutually agree upon an arbitrator within ten (10) calendar work days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be jointly requested from the Federal Mediation and Conciliation Service (FMCS) by ). The party requesting the Unionarbitration shall be responsible for whatever fee may be charged at the time the list is requested; however, once an arbitrator has responded, either the losing party pays the fee for the initial list, or in the case of a split decision, both parties share the cost of the fee. All arbitrators must reside Should the parties determine that the issue in Florida or agree to charge travel expenses as if they resided dispute requires an arbitrator with special expertise, it shall be indicated in Tampa, Floridathe request. Within five (5) calendar work days after receipt of the list, the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. If, for a Union or employee initiated Arbitration, the Union or employee fails to appear to strike names with the Employer within fifteen (15) work days from receipt of the list, the request for arbitration will be deemed to be withdrawn. A coin shall be tossed to determine who shall cross out first. If the first nameselected arbitrator is not available within sixty (60) days, another list may be requested by the moving party and the above described procedures will be followed for selection from the list. Upon selection of the arbitrator, the parties shall jointly notify the Office of Arbitration Service (FMCS) of the selection. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged in connection with this selection process. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. C. E. The date, time, and place of the hearing shall be established by consultation between the arbitrator and the parties concerned. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreementagreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or or the Union, Union and the CityEmployer. E. H. The arbitrator's fee and expenses shall be borne by the losing party as determined and shall be so stipulated by the arbitrator. Where the Union represents the aggrieved employee in the arbitration proceeding and the fees for the appearance arbitrator determines in favor of the court reporter along with Employer, the costs associated with Union will be considered the losing party, and will bear the full cost of the award. In the event of a compromise or split award, the arbitrator’s copy of the transcript (if requested) 's fee and expenses shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation . The expenses in connection with attendance of participants or and witnesses for either side shall be the responsibility of paid by the party requesting the and producing such participants or the and witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. I. The arbitrator shall be requested to render his decision as quickly soon as possible, but in any event, no later than thirty (30) calendar days after the hearing. H. J. In deciding case of a grievance involving any grievance resulting in retroactive adjustmentcontinuing or other money claim against the Employer, such adjustment no award shall be limited made by the arbitrator which shall allow any alleged accruals for more than one (1) pay period prior to the date of the initial occurrence, which gave rise to the need for adjustmentwhen such grievance shall have been submitted in writing. I. K. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. L. Either party to this agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts, unless either party appealsif available.

Arbitration Referral. A. If the employee grievance is not resolved at Step Three, II the aggrieved employee or the Union may, within fourteen fifteen (1415) calendar days after receipt of the Step Three II written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The parties agree, within ten In general or class grievances either the Union or the Employer may request to take the grievance to arbitration. C. Within fifteen (1015) calendar days after the date of receipt of the arbitration requestrequest the aggrieved employee and/or the Union representative, if applicable, and the Employer may meet for the purpose of preparing a joint arbitration agreement, whereby the parties will attempt to define the issue or issues to be submitted to the arbitrator and jointly select an arbitrator. D. If the parties fail to mutually agree upon an arbitrator within fifteen (15) calendar days after the date of receipt of the arbitration request a list of seven (7) qualified neutrals shall be jointly requested from the Federal Mediation and Conciliation Service (FMCS) by ). The parties agree that if either party elects to employ the UnionFMCS for additional arbitration oversight, the party electing to use that service will pay the difference between the list-only and the full/oversight service. All arbitrators must reside The party requesting the arbitration shall be responsible for whatever fee may be charged at the time the list is requested; however, once an arbitrator has responded either the losing party pays the fee for the initial list, or in Florida or agree to charge travel expenses as if they resided the case of a split decision, both parties share the cost of the fee. Should the parties determine that the issue in Tampadispute requires an arbitrator with special expertise, Floridait shall be indicated in the request. Within five seven (57) calendar days after receipt of the list, list the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. If, for a Union or employee initiated arbitration, the Union or employee fails to appear to strike names with the Employer within fifteen (15) calendar days from receipt of the list the request for arbitration will be deemed to be withdrawn. A coin shall be tossed to determine who shall cross out first. If the first nameselected arbitrator is not available within sixty (60) calendar days another list may be requested by the moving party, and the above described procedures will be followed for selection from the list. Upon selection of the arbitrator the parties shall jointly notify FMCS of the selection. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association (AAA) with the moving party paying whatever fees may be charged in connection with this selection process. The parties agree that if either party elects to employ the AAA for additional arbitration oversight/full service, the party electing to use that service will pay the difference between the list-only and the full/oversight service. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. C. E. The date, time, and place of the hearing shall be established by consultation between the arbitrator and the parties concerned. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing the rules of judicial procedure should be followed as closely as possible. F. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his the decision solely to the interpretation or application of this Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. submitted. G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or or the Union, Union and the CityEmployer. E. H. The arbitrator's fee and expenses shall be borne by the losing party as determined and shall be so stipulated by the arbitrator. Where the Union represents the aggrieved employee in the arbitration proceeding and the fees for the appearance arbitrator determines in favor of the court reporter along with Employer, the costs associated with Union will be considered the losing party and will bear the full cost of the award. In the event of a compromise or split award the arbitrator’s copy of the transcript (if requested) 's fee and expenses shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation . The expenses in connection with attendance of participants or and witnesses for either side shall be the responsibility of paid by the party requesting the and producing such participants or the and witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. I. The arbitrator shall be requested to render his a decision as quickly soon as possible, but in any event no later than thirty (30) calendar days after the hearing. H. J. In deciding case of a grievance involving any grievance resulting in retroactive adjustmentcontinuing or other money claim against the Employer, such adjustment no award shall be limited made by the arbitrator which shall allow any alleged accruals for more than one (1) pay period prior to the date of the initial occurrence, which gave rise to the need for adjustmentwhen such grievance shall have been submitted in writing. I. K. Upon receipt of the arbitrator's award, award corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. L. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts, unless if available. FPSU GRIEVANCE CITY OF ST. PETERSBURG Please attach any statements or information to support your grievance. Type or print neatly. NAME (Employee filing) Work phone Classification Shift Department Date of Occurrence of Grievance Article & Section of Agreement alleged to have been violated Please check appropriate box: Step I [ ] Dept. Director Step II [ ] Labor Relations Step III [ ] Hearing Officer Class Grievance [ ] DESCRIBE all of the facts concerning the grievance (date, time, place, persons involved, etc.): REQUESTED REMEDY: EMPLOYEE/UNION DEPARTMENT/CITY Signature (Employee filing grievance) Time/Date Grievance received by (Signature) FPSU Representative Signature Time/Date Time/Date of receipt As provided by the FPSU contract, I wish to appeal my grievance to Step II [ ] Step III[ ] Signature (Employee filing grievance) Time/Date Grievance received by (Signature) FPSU Representative Signature* Time/Date Time/Date of Receipt *Signature required if employee is being represented by Union; the FPSU representative who signs will be the contact point for either party appealsthe Department or Labor Relations in setting the grievance hearing. FPSU GRIEVANCE CITY OF ST. PETERSBURG RESPONSE Grievance No. This form is to be used by the Manager/Director or Designee and Labor Relations to respond to FPSU Grievances. TO: FROM: Employee/Grievant or FPSU Representative Department or Labor Relations Date Grievance Filed: Date of Hearing: The following is in response to the above-referenced grievance. (Attach additional sheets if necessary.) Hearing Officer's Signature Date (Department Mgr., Director, or Designee/Labor Relations) 10/08 REQUEST FOR ARBITRATION CITY OF ST. PETERSBURG Employee Name: Id #: Date: Classification: Shift: Location: FPSU Representative: Title: (If Applicable) Date Received Step II Answer: TO: LABOR RELATIONS OFFICER Statement of Grievance: Date, Details and Facts upon Which Grievance is based: Article: Section of the Labor Agreement alleged to have been violated. Action, Remedy or Solution Requested: FPSU Representative Signature Date Employee's Signature Date FPSU President's Signature Date LABOR RELATIONS OFFICER'S SIGNATURE Date

Arbitration Referral. A. If the employee grievance is not resolved at Step Three, II the aggrieved employee or the Union may, within fourteen fifteen (1415) calendar days after receipt of the Step Three II written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The parties agree, within ten In general or class grievances either the Union or the Employer may request to take the grievance to arbitration. C. Within fifteen (1015) calendar days after the date of receipt of the arbitration requestrequest the aggrieved employee and/or the Union representative, if applicable, and the Employer may meet for the purpose of preparing a joint arbitration agreement, whereby the parties will attempt to define the issue or issues to be submitted to the arbitrator and jointly select an arbitrator. D. If the parties fail to mutually agree upon an arbitrator within fifteen (15) calendar days after the date of receipt of the arbitration request a list of seven (7) qualified neutrals shall be jointly requested from the Federal Mediation and Conciliation Service (FMCS) by ). The party requesting the Unionarbitration shall be responsible for whatever fee may be charged at the time the list is requested; however, once an arbitrator has responded either the losing party pays the fee for the initial list, or in the case of a split decision, both parties share the cost of the fee. All arbitrators must reside Should the parties determine that the issue in Florida or agree to charge travel expenses as if they resided dispute requires an arbitrator with special expertise, it shall be indicated in Tampa, Floridathe request. Within five seven (57) calendar days after receipt of the list, list the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. If, for a Union or employee initiated arbitration, the Union or employee fails to appear to strike names with the Employer within fifteen (15) calendar days from receipt of the list the request for arbitration will be deemed to be withdrawn. A coin shall be tossed to determine who shall cross out first. If the first nameselected arbitrator is not available within sixty (60) calendar days another list may be requested by the moving party, and the above described procedures will be followed for selection from the list. Upon selection of the arbitrator the parties shall jointly notify FMCS of the selection. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged in connection with this selection process. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. C. E. The date, time, and place of the hearing shall be established by consultation between the arbitrator and the parties concerned. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing the rules of judicial procedure should be followed as closely as possible. F. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or or the Union, Union and the CityEmployer. E. H. The arbitrator's fee and expenses shall be borne by the losing party as determined and shall be so stipulated by the arbitrator. Where the Union represents the aggrieved employee in the arbitration proceeding and the fees for the appearance arbitrator determines in favor of the court reporter along with Employer, the costs associated with Union will be considered the losing party and will bear the full cost of the award. In the event of a compromise or split award the arbitrator’s copy of the transcript (if requested) 's fee and expenses shall be borne equally by the parties to the arbitration. F. Attendance at any arbitration procedure and the compensation . The expenses in connection with attendance of participants or and witnesses for either side shall be the responsibility of paid by the party requesting the and producing such participants or the and witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs. G. I. The arbitrator shall be requested to render his decision as quickly soon as possible, but in any event no later than thirty (30) calendar days after the hearing. H. J. In deciding case of a grievance involving any grievance resulting in retroactive adjustmentcontinuing or other money claim against the Employer, such adjustment no award shall be limited made by the arbitrator which shall allow any alleged accruals for more than one (1) pay period prior to the date of the initial occurrence, which gave rise to the need for adjustmentwhen such grievance shall have been submitted in writing. I. K. Upon receipt of the arbitrator's award, award corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decisionaward. L. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts, unless if available. FPSU GRIEVANCE CITY OF ST. PETERSBURG Please attach any statements or information to support your grievance. Type or print neatly. NAME (Employee filing) Work phone Classification Shift Department Date of Occurrence of Grievance Article & Section of Agreement alleged to have been violated DESCRIBE all of the facts concerning the grievance (date, time, place, persons involved, etc.): REQUESTED REMEDY: EMPLOYEE/UNION DEPARTMENT/CITY Signature (Employee filing grievance) Time/Date Grievance received by (Signature) FPSU Representative Signature Time/Date Time/Date of receipt As provided by the FPSU contract, I wish to appeal my grievance to Step II [ ] Signature (Employee filing grievance) Time/Date Grievance received by (Signature) FPSU Representative Signature* Time/Date Time/Date of Receipt *Signature required if employee is being represented by Union; the FPSU representative who signs will be the contact point for either party appealsthe Department or Labor Relations in setting the grievance hearing. FPSU GRIEVANCE CITY OF ST. PETERSBURG Grievance No. This form is to be used by the Manager/Director or Designee and Labor Relations to respond to FPSU Grievances. TO: FROM: Date Grievance Filed: Date of Hearing: The following is in response to the above-referenced grievance. (Attach additional sheets if necessary.) Hearing Officer's Signature Date (Department Mgr., Director, or Designee/Labor Relations) 10/08 REQUEST FOR ARBITRATION CITY OF ST. PETERSBURG Employee Name: Id #: Date: Classification: Shift: Location: FPSU Representative: Title: (If Applicable) Date Received Step II Answer: TO: LABOR RELATIONS OFFICER Statement of Grievance: Date, Details and Facts upon Which Grievance is based: Article: Section of the Labor Agreement alleged to have been violated. Action, Remedy or Solution Requested: FPSU Representative Signature Date Employee's Signature Date FPSU President's Signature Date LABOR RELATIONS OFFICER'S SIGNATURE Date

Arbitration Referral. A. If the employee grievance is not resolved at Step Three, 2 the Union aggrieved employee may, with or without Union assistance, within fourteen fifteen (1415) calendar days after receipt of the Step Three 2 written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the UnionLabor Relations Office. B. The At arbitration hearings the grievant, the Union, if applicable, and the Employer may call a reasonable number of witnesses to offer testimony from direct knowledge only. C. For all grievances, either the Union or the City may request to bypass or waive Steps 1 and 2 in order to take the issue or grievance directly to arbitration. Both parties agree, must mutually agree to waive Steps 1 and/or 2. D. If the parties fail to mutually agree upon an arbitrator within ten fifteen (1015) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS). The party initiating the arbitration shall be responsible for paying FMCS’ fees. If the grievant is not sponsored by the Union in the arbitration process, the list of arbitrators shall be requested from the American Arbitration Association (AAA) by the Uniongrievant, who shall pay the cost of obtaining the list. All arbitrators must reside in Florida or agree Each party has the right to charge travel expenses as if they resided in Tampa, Floridareject one (1) list. A new list will be requested by the Labor Relations Office and the fee for the second list shall be paid by the party requesting the new list. Within five fifteen (515) calendar days after receipt of the lista list acceptable to both, the parties shall meet and alternately cross out strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out strike first. If the first nameselected arbitrator is not available to conduct the hearing within sixty (60) days, the Labor Relations Office may request a new list and pay the fee for it. C. E. The grievance hearing shall be informal and the rules of evidence shall not apply. F. The arbitrator shall not have the power to add to, subtract from, modify, modify or alter the terms of this Agreementthe collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of this Agreementthe agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. . G. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A) D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or employee, the Union, and the CityEmployer, except that any party may appeal the arbitrator's decision to a court of law. E. H. The arbitrator's fee fees and expenses and shall be borne by the fees for losing party. In the appearance event of the court reporter along with the costs associated with a compromise or split decision, the arbitrator’s copy of the transcript (if requested) 's fees and expenses shall be borne equally by the parties to the arbitration. A compromise or split decision is: (a) a decision in which discipline was not rescinded in full nor totally upheld by the arbitrator or, (b) one of the positions taken by either party with regard to contract interpretation was not upheld by the arbitrator. F. I. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party side requesting the participants or the witnesses. Either party desiring transcripts Employees ordered to attend proceedings to testify on behalf of the arbitration hearing shall City will be responsible for the cost placed on duty if attendance falls outside of such transcripts. Each party shall be responsible for their own attorney’s fees normally scheduled work hours and costspaid in accordance with Article 21 of this Agreement. G. J. The arbitrator shall be requested to render his decision as quickly as possible, but in any event, no later than sixty (60) calendar days after the hearing or receipt of post-hearing briefs filed by the parties. H. In deciding K. For grievances that include a monetary claim against the Employer, the arbitrator shall not award any grievance resulting in retroactive adjustment, such adjustment shall be limited accrual of back pay and/or benefits that are more than thirty one (31) calendar days prior to the date of the initial occurrence, which gave rise to employee filed the need for adjustmentwritten grievance. I. L. Upon receipt of the arbitrator's award, corrective action, if any shall any, will be implemented as soon as possible, but in any event not no later than fifteen (15) calendar days after receipt of the arbitrator's decision, unless either award. M. Either party appealsto this Agreement requesting transcripts of the arbitration hearings shall be responsible for the cost of such transcripts.