Common use of Contract Grievance Clause in Contracts

Contract Grievance. A. A grievance under this contract grievance provision shall be confined to an alleged violation of any express provision of this Agreement and shall not include any disciplinary or Article 34 (Procedures for Internal Investigations) matters. A grievance may only be filed for a specific action or inaction of the City. Any employee may discuss any matter with their supervisor without invoking the formal grievance procedure provided in this provision. Likewise, the FOP may discuss any matter with City management without invoking the formal grievance procedure provided in this provision. B. The following grievance procedures shall be followed: 1. A grievance must be initiated by either an aggrieved employee or by the FOP on behalf of any one or more individual aggrieved employees. The grievant must reduce the grievance to writing, provide the reason for the grievance, specify the provisions of the Agreement allegedly violated, set forth the facts relied upon to support the grievance, and state the desired disposition of the grievance. 2. The grievant must provide the written grievance to the Captain or Director of the employee’s division, with a copy to the Director of Human Resources and the FOP, within ten (10) business days from the occurrence of the grieved event or from when the grievant should have reasonably learned of the grieved event. 3. The Captain, Director, or their designee shall have ten (10) business days, excluding absences from the usual work site for the Captain, Director, or designee, from receipt of the written grievance to issue a written decision to the FOP. 4. If the grievant is not satisfied with the written decision of the Captain, Director, or their designee, the grievant may appeal the grievance to the Chief of Police. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Chief, with a copy to the Director of Human Resources and the FOP, within ten (10) business days from the date of issuance to the FOP of the Captain’s, Director’s, or their designee’s decision. 5. The Chief of Police, or his/ her designee, shall have ten (10) business days, excluding absences from the usual work site for the Chief or his/her designee, from receipt of the written appeal to issue a written decision to the FOP. 6. If the grievant is not satisfied with the written decision of the Chief of Police, or his/her designee, the grievant may appeal the grievance to arbitration. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Director of Human Resources and the FOP, within ten (10) business days, excluding absences from the usual work site for the employee, from the date of issuance to the FOP of the Chief’s or his/her designee’s decision. 7. Upon receipt of a timely written appeal, the Director of Human Resources or his/her designee shall attempt to reach an agreement with the grievant as to the selection of a neutral arbitrator to hear and decide the grievance. In the event that the parties are unable to reach an agreement, either the grievant or the City may refer the matter to the Federal Mediation and Conciliation Service ("FMCS") to request a list of seven (7) arbitrators, and the parties shall select the arbitrator alternately striking names from the list until one arbitrator remains, who shall be the arbitrator selected. The finding of the arbitrator shall be final and binding on all parties. 8. The arbitrator shall have the authority to hold meetings and make procedural rules. The arbitrator shall have access to all arbitrated decisions concerning the interpretation and application of this Agreement. The findings of the arbitrator must be consistent with law, including federal and state laws and the City Charter, and the terms of this Agreement. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The fees and necessary expenses of any arbitration, including the arbitrator’s fee, but excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne equally by the City and the FOP. 9. If the grievant fails to comply with any time limit set forth in this provision, the grievance shall be deemed forfeited. If the City fails to comply with any time limit set forth in this provision, the grievance shall be deemed denied as of the last day of the time limit and may be moved to the next step within the time frames set forth in that step. The grievant and the City may agree in writing to extend any time limit set forth in this provision. 10. Either the grievant or the City may request a certified court reporter to take a stenographic record of the evidence taken at the arbitration hearing. The party requesting a stenographic record shall provide a copy to the arbitrator and pay the cost thereof, except that if the other party shall request a copy of any transcript, the parties shall share equally the entire cost of making the stenographic record. 11. A grievant, at his/her own cost, may be represented by an FOP official or legal counsel at any step in the grievance process. Likewise, City management may be represented by legal counsel at any step in the grievance process. C. The City shall compile a record of all grievances filed pursuant to this provision. The record shall be used by the City to compile an annual report of the outcomes of the grievances. The annual report shall be made available to the FOP and the Management Labor Committee, if any. D. The term "business day" means any Monday through Friday that the general offices of the City are open for business.

Contract Grievance. A. A grievance under this contract grievance provision shall be confined to an alleged violation of any express provision of this Agreement and shall not include any disciplinary or Article 34 35 (Procedures for Internal Administrative Investigations) matters. A grievance may only be filed for a specific action or inaction of the City. Any employee may discuss any matter with their supervisor without invoking the formal grievance procedure provided in this provision. Likewise, the FOP may discuss any matter with City management without invoking the formal grievance procedure provided in this provision. B. The following grievance procedures shall be followed: 1. A grievance must be initiated by either an aggrieved employee or by the FOP on behalf of any one or more individual aggrieved employees. The grievant must reduce the grievance to writing, provide the reason for the grievance, specify the provisions of the Agreement allegedly violated, set forth the facts relied upon to support the grievance, and state the desired disposition of the grievance. 2. The grievant must provide the written grievance to the Captain Deputy Chief, Assistant Chief, or Director of the employee’s divisionDivision, with a copy to the Director of Chief Human Resources Officer and the FOP, within ten (10) business days from the occurrence of the grieved event or from when the grievant should have reasonably learned of the grieved event. 3. The CaptainDeputy Chief, an assistant chief, Director, or their designee shall have ten (10) business days, excluding absences from the usual work site for the CaptainDeputy Chief, an assistant chief, Director, or designee, from receipt of the written grievance to issue a written decision to the FOP. 4. If the grievant is not satisfied with the written decision of the CaptainDeputy Chief, an assistant chief, Director, or their designee, the grievant may appeal the grievance to the Chief of Police. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Chief, with a copy to the Director of Chief Human Resources Officer and the FOP, within ten (10) business days from the date of issuance to the FOP of the CaptainDeputy Chief’s, an assistant chief’s, Director’s, or their designee’s decision. 5. The Chief of Police, or his/ her designee, shall have ten (10) business days, excluding absences from the usual work site for the Chief or his/her designee, from receipt of the written appeal to issue a written decision to the FOP. 6. If the grievant is not satisfied with the written decision of the Chief of Police, or his/her designee, the grievant may appeal the grievance to arbitration. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Director of Chief Human Resources Officer and the FOP, within ten (10) business days, excluding absences from the usual work site for the employee, from the date of issuance to the FOP of the Chief’s or his/her designee’s decision. 7. Upon receipt of a timely written appeal, the Director of Chief Human Resources Officer or his/her designee shall attempt to reach an agreement with the grievant as to the selection of a neutral arbitrator to hear and decide the grievance. In the event that the parties are unable to reach an agreement, either the grievant or the City may refer the matter to the Federal Mediation and Conciliation Service ("FMCS") to request a list of seven (7) arbitrators, and the parties shall select the arbitrator alternately striking names from the list until one arbitrator remains, who shall be the arbitrator selected. The finding of the arbitrator shall be final and binding on all parties. 8. The arbitrator shall have the authority to hold meetings and make procedural rules. The arbitrator shall have access to all arbitrated decisions concerning the interpretation and application of this Agreement. The findings of the arbitrator must be consistent with law, including federal and state laws and the City Charter, and the terms of this Agreement. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The fees and necessary expenses of any arbitration, including the arbitrator’s fee, but excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne equally by the City and the FOP. 9. If the grievant fails to comply with any time limit set forth in this provision, the grievance shall be deemed forfeited. If the City fails to comply with any time limit set forth in this provision, the grievance shall be deemed denied as of the last day of the time limit and may be moved to the next step within the time frames set forth in that step. The grievant and the City may agree in writing to extend any time limit set forth in this provision. 10. Either the grievant or the City may request a certified court reporter to take a stenographic record of the evidence taken at the arbitration hearing. The party requesting a stenographic record shall provide a copy to the arbitrator and pay the cost thereof, except that if the other party shall request a copy of any transcript, the parties shall share equally the entire cost of making the stenographic record. 11. A grievant, at his/her own cost, may be represented by an FOP official or legal counsel at any step in the grievance process. Likewise, City management may be represented by legal counsel at any step in the grievance process. C. The City shall compile a record of all grievances filed pursuant to this provision. The record shall be used by the City to compile an annual report of the outcomes of the grievances. The annual report shall be made available to the FOP and the Management Labor Committee, if any. D. The term "business day" means any Monday through Friday that the general offices of the City are open for business.

Contract Grievance. A. A grievance under this contract grievance provision shall be confined to an alleged violation of any express provision of this Agreement and shall not include any disciplinary or Article 34 (Procedures for Internal Administrative Investigations) matters. A grievance may only be filed for a specific action or inaction of the City. Any employee may discuss any matter with their supervisor without invoking the formal grievance procedure provided in this provision. Likewise, the FOP may discuss any matter with City management without invoking the formal grievance procedure provided in this provision. B. The following grievance procedures shall be followed: 1. A grievance must be initiated by either an aggrieved employee or by the FOP on behalf of any one or more individual aggrieved employees. The grievant must reduce the grievance to writing, provide the reason for the grievance, specify the provisions of the Agreement allegedly violated, set forth the facts relied upon to support the grievance, and state the desired disposition of the grievance. 2. The grievant must provide the written grievance to the Captain Deputy Chief, Assistant Chief, or Director of the employee’s divisionDivision, with a copy to the Director of Chief Human Resources Officer and the FOP, within ten (10) business days from the occurrence of the grieved event or from when the grievant should have reasonably learned of the grieved event. 3. The CaptainDeputy Chief, an Assistant Chief, Director, or their designee shall have ten (10) business days, excluding absences from the usual work site for the CaptainDeputy Chief, an Assistant Chief, Director, or designee, from receipt of the written grievance to issue a written decision to the FOP. 4. If the grievant is not satisfied with the written decision of the CaptainDeputy Chief, an Assistant Chief, Director, or their designee, the grievant may appeal the grievance to the Chief of Police. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Chief, with a copy to the Director of Chief Human Resources Officer and the FOP, within ten (10) business days from the date of issuance to the FOP of the CaptainDeputy Chief’s, an Assistant Chief’s, Director’s, or their designee’s decision. 5. The Chief of Police, or his/ her designee, shall have ten (10) business days, excluding absences from the usual work site for the Chief or his/her designee, from receipt of the written appeal to issue a written decision to the FOP. 6. If the grievant is not satisfied with the written decision of the Chief of Police, or his/her designee, the grievant may appeal the grievance to arbitration. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Director of Chief Human Resources Officer and the FOP, within ten (10) business days, excluding absences from the usual work site for the employee, from the date of issuance to the FOP of the Chief’s or his/her designee’s decision. 7. Upon receipt of a timely written appeal, the Director of Chief Human Resources Officer or his/her designee shall attempt to reach an agreement with the grievant as to the selection of a neutral arbitrator to hear and decide the grievance. In the event that the parties are unable to reach an agreement, either the grievant or the City may refer the matter to the Federal Mediation and Conciliation Service ("FMCS") to request a list of seven (7) arbitrators, and the parties shall select the arbitrator alternately striking names from the list until one arbitrator remains, who shall be the arbitrator selected. The finding of the arbitrator shall be final and binding on all parties. 8. The arbitrator shall have the authority to hold meetings and make procedural rules. The arbitrator shall have access to all arbitrated decisions concerning the interpretation and application of this Agreement. The findings of the arbitrator must be consistent with law, including federal and state laws and the City Charter, and the terms of this Agreement. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The fees and necessary expenses of any arbitration, including the arbitrator’s fee, but excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne equally by the City and the FOP. 9. If the grievant fails to comply with any time limit set forth in this provision, the grievance shall be deemed forfeited. If the City fails to comply with any time limit set forth in this provision, the grievance shall be deemed denied as of the last day of the time limit and may be moved to the next step within the time frames set forth in that step. The grievant and the City may agree in writing to extend any time limit set forth in this provision. 10. Either the grievant or the City may request a certified court reporter to take a stenographic record of the evidence taken at the arbitration hearing. The party requesting a stenographic record shall provide a copy to the arbitrator and pay the cost thereof, except that if the other party shall request a copy of any transcript, the parties shall share equally the entire cost of making the stenographic record. 11. A grievant, at his/her own cost, may be represented by an FOP official or legal counsel at any step in the grievance process. Likewise, City management may be represented by legal counsel at any step in the grievance process. C. The City shall compile a record of all grievances filed pursuant to this provision. The record shall be used by the City to compile an annual report of the outcomes of the grievances. The annual report shall be made available to the FOP and the Management Labor Committee, if any. D. The term "business day" means any Monday through Friday that the general offices of the City are open for business.

Contract Grievance. A. A) Step 1 - Sheriff or his/her designee 1) A grievance under this member having a contract grievance provision shall be confined present it to an alleged violation of any express provision of this Agreement and shall not include any disciplinary the Sheriff or Article 34 his/her designee within ten (Procedures for Internal Investigations10) matters. A grievance may only be filed for a specific action or inaction calendar days of the City. Any employee may discuss any matter with their supervisor without invoking date on which the formal grievance procedure provided in this provision. Likewise, the FOP may discuss any matter with City management without invoking the formal grievance procedure provided in this provision. B. The following grievance procedures shall be followed: 1. A grievance must be initiated by either an aggrieved employee grievant knew or by the FOP on behalf of any one or more individual aggrieved employees. The grievant must reduce the grievance to writing, provide the reason for the grievance, specify the provisions reasonably should have had knowledge of the Agreement allegedly violated, set forth the facts relied upon event giving rise to support the grievance, and state the desired disposition of the grievance. 2) The contract grievance at this step shall be submitted to the Sheriff or his/her designee in writing using a form mutually agreed upon by the parties. 3) Contract grievances submitted beyond the ten (10) calendar daytime limit will not be honored. 4) The contract grievance forms as mutually agreed upon, shall specify the article(s) and/or section(s) or combination thereof of the Agreement which he/she alleges has been violated, and specify the remedy sought. The grievant must provide Sheriff or his/her designee shall indicate the date and time of his/her receipt of the form. 5) Within ten (10) calendar days of the Sheriff or his/her designee or his/her designee receipt of the written grievance contract grievance, he/she shall schedule a meeting with the grievant and the appropriate management personnel, as needed, to discuss the Captain contract grievance. 6) A CSEA representative shall attend this meeting. He/she may represent the grievant unless requested not to do so by such grievant. 7) The Sheriff or Director of the employee’s division, with his/her designee shall render a decision in writing and return a copy to the Director of Human Resources grievant and the FOPCSEA Representative within ten (10) calendar days after the meeting with the grievant. B) Step 2 - County Manager or His /Her Designee 1) If the Association is not satisfied with the decision made in Step 1, subsection 7., it may, within ten (10) business calendar days from the occurrence thereafter, request a review and determination of the grieved event grievance by the County Manager or from when the grievant should have reasonably learned of the grieved eventhis /her designee. 3. The Captain2) Such request shall be in writing and shall include all documents and statements presented at Step 1, Director, or their designee shall have ten (10) business days, excluding absences from including the usual work site for the Captain, Director, or designee, from receipt of the written grievance to issue a written decision to the FOP. 4. If the grievant is not satisfied with the written decision of the Captain, Director, or their designee, the grievant may appeal the grievance to the Chief of Police. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Chief, with a copy to the Director of Human Resources and the FOP, within ten (10) business days from the date of issuance to the FOP of the Captain’s, Director’s, or their designee’s decision. 5. The Chief of Police, or his/ her designee, shall have ten (10) business days, excluding absences from the usual work site for the Chief Sheriff or his/her designee, from receipt of the written appeal to issue a written decision to the FOPif applicable. 6. If the grievant is not satisfied with the written decision of the Chief of Police, 3) The County Manager or his/her designeedesignee shall, at the grievant may appeal the grievance to arbitration. The written appeal, specifically stating the portions request of the decision disagreed with and the reasons for the disagreementAssociation, must be provided by the grievant to the Director of Human Resources and the FOP, hold a meeting within ten (10) business dayscalendar days after receiving the request. The aggrieved party and representative, excluding absences from if any, may appear at the usual work site for meeting to present oral and/or written statements or arguments. 4) Within ten (10) calendar days after the employee, from the date of issuance to the FOP close of the Chief’s meeting, or his/her designee’s decision. 7. Upon receipt of a timely written appeallacking such meeting request, the Director of Human Resources County Manager / Administrator or his/her designee shall attempt issue a written decision and communicate same in writing to reach an agreement the Association. C) Step 3 - Contract Grievance Arbitration 1) If the Association is not satisfied with the grievant as decision at Step 2, subsection 4., then it may appeal to PERB for arbitration within ten (10) calendar days from the selection receipt of a neutral arbitrator to hear the decision and decide the grievance. In the event that the parties are unable to reach an agreement, either the grievant or the City may refer the matter to the Federal Mediation and Conciliation Service ("FMCS") to request a list of seven (7) arbitrators, and thereafter the parties shall select the arbitrator alternately striking names from the list until one arbitrator remains, who shall be the arbitrator selected. bound by PERB's procedures for arbitration. 2) The finding fees and expenses of the arbitrator shall be final and binding on all borne equally by the parties. 8. 3) The arbitrator's decision will be in writing and will set forth his findings, reasoning and conclusions on the issues submitted and be binding on both parties on matters pertaining to the interpretation of the Contract Articles contained in this Agreement. 4) The arbitrator shall have the will be without power or authority to hold meetings and make procedural rules. The arbitrator shall have access to all arbitrated decisions concerning any decision which requires the interpretation and application commission of this Agreement. The findings an act prohibited by law or which is violative of the arbitrator must be consistent with law, including federal and state laws and the City Charter, and the terms of this Agreement. . 5) The arbitrator shall have no power to add to, subtract from, disregard, alter, add or modify any of to detract from the terms provisions of this Agreement. The fees and necessary expenses of any arbitration, including the arbitrator’s fee, but excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne equally by the City and the FOP. 9. If the grievant fails to comply with any time limit set forth in this provision, the grievance shall be deemed forfeited. If the City fails to comply with any time limit set forth in this provision, the grievance shall be deemed denied as of the last day of the time limit and may be moved to the next step within the time frames set forth in that step. The grievant and the City may agree in writing to extend any time limit set forth in this provision. 10. Either the grievant or the City may request a certified court reporter to take a stenographic record of the evidence taken at the arbitration hearing. The party requesting a stenographic record shall provide a copy to the arbitrator and pay the cost thereof, except that if the other party shall request a copy of any transcript, the parties shall share equally the entire cost of making the stenographic record. 11. A grievant, at his/her own cost, may be represented by an FOP official or legal counsel at any step in the grievance process. Likewise, City management may be represented by legal counsel at any step in the grievance process. C. The City shall compile a record of all grievances filed pursuant to this provision. The record shall be used by the City to compile an annual report of the outcomes of the grievances. The annual report shall be made available to the FOP and the Management Labor Committee, if any. D. The term "business day" means any Monday through Friday that the general offices of the City are open for business.

Contract Grievance. A. A grievance under this contract grievance provision shall be confined to an alleged violation 1. The purpose of any express provision of this Agreement and shall not include any disciplinary or Article 34 (Procedures for Internal Investigations) matters. A grievance may only be filed for a specific action or inaction of the City. Any employee may discuss any matter with their supervisor without invoking the formal grievance procedure provided in this provision. Likewise, the FOP may discuss any matter with City management without invoking the formal grievance procedure provided in this provision. B. The following grievance procedures shall be followed: 1. A grievance must be initiated by either to settle employee grievances on as low an aggrieved employee or by the FOP on behalf of any one or more individual aggrieved employees. The grievant must reduce the grievance administrative level as possible, to writing, provide the reason for the grievance, specify the provisions of the Agreement allegedly violated, set forth the facts relied upon to support the grievance, insure efficiency and state the desired disposition of the grievancemaintain morale. 2. The grievant must provide If an oral or written reprimand of an employee is given by the chief and/or Deputy, a copy of the written grievance reprimand or documentation of an oral reprimand shall be forwarded to the Captain or Director of employee. All written reprimands shall be entered into an employee's personnel file. Written reprimands shall be removed from an employee's personnel file upon the employee’s division, with a copy 's written request to the Director Fire Chief after a period of Human Resources and the FOPtwo years, within ten (10) business days from the provided there has not been a re-occurrence of the grieved event a similar offense during that two year period or from when the grievant should have reasonably learned a violation of the grieved eventa more serious nature. 3. The CaptainA grievance shall be considered to be an employee's complaint concerned with: (1) discharge, Directorsuspension, or their designee shall have ten other disciplinary action; (102) business days, excluding absences from the usual work site for the Captain, Director, favoritism or designee, from receipt discrimination; (3) interpretation and application of Fire Department rules and regulations and alleged violations of any of the written grievance to issue a written decision to the FOPterms of this Agreement. 4. If The aggrieved employee shall present his/her grievance in writing to the grievant is not satisfied with the written decision President of the Captain, Director, or their designee, Union within forty-five (45) days of the grievant may appeal alleged grievance. The President of the Union shall submit the grievance to the Chief of PoliceUnion's Grievance Committee. The written appeal, specifically stating the portions of the decision disagreed with committee shall investigate all grievances and the reasons for the disagreement, must be provided by the grievant to the Chief, with a copy to the Director of Human Resources and the FOP, within ten thirty (1030) business days from the date of issuance time the employee turns the grievance over to the FOP President of the Captain’s, Director’sUnion shall either: (1) dismiss the grievance, or their designee’s decision(2) direct the President of the Union to settle the grievance with the platoon officer, if possible, or submit the grievance to the Fire Chief or in the Chief's absence, a Deputy Chief. 5. The Chief of Policethe Fire Department, or his/ her designeeDeputy, shall have ten deal with the grievance submitted and shall render the decision in writing not later than the twenty-first (1021st) business days, excluding absences from day following the usual work site for day the Chief or hisgrievance was received by him/her designee, from receipt of the written appeal to issue a written decision to the FOPher. 6. If the grievant is not satisfied with the written decision of the Chief of Policeor Deputy is not satisfactory to the Union, or his/her designee, an appeal shall be lodged with the grievant may appeal Personnel Director and/or the grievance to arbitrationCity Manager within thirty (30) days. The written appealPersonnel Director and/or the City Manager shall, specifically stating the portions within twenty-one (21) days of receipt of the grievance, submit the decision disagreed with in writing to the president of the Union and the reasons for the disagreement, must be provided by the grievant to the Director of Human Resources and the FOP, within ten (10) business days, excluding absences from the usual work site for the employee, from the date of issuance to the FOP Chief of the Chief’s or his/her designee’s decisionDepartment. 7. Upon receipt of a timely written appeal, the Director of Human Resources or his/her designee shall attempt to reach an agreement with the grievant as to the selection of a neutral arbitrator to hear and decide the grievance. In the event the Union feels that further review is desired, all unsettled grievances over which the parties are unable to reach an agreement, either the grievant or the City Civil Service Commission lacks jurisdiction may refer the matter be submitted to the Federal Mediation Maine State Labor Relations Board of Arbitration and Conciliation Service ("FMCS") to request a list Conciliation, in accordance with the Municipal Public Employees Labor Relations Law of seven (7) arbitrators1976, and as amended, or any successive Act enacted by the parties shall select the arbitrator alternately striking names from the list until one arbitrator remains, who shall be the arbitrator selected. The finding Legislature of the arbitrator shall be final and binding on all partiesState of Maine governing arbitration of public employees. 8. The arbitrator Chief of the Department, and Personnel Director and/or the City Manager shall have be notified of the authority Union's decision either to hold meetings and make procedural rules. The arbitrator shall have access to all arbitrated decisions concerning accept or reject the interpretation and application of this Agreement. The findings of the arbitrator must be consistent with law, including federal and state laws Chief of the Department and the Personnel Director and/or the City CharterManager within twenty-one (21) days. The Union shall notify the Chief of the Department, and the terms of this Agreement. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The fees and necessary expenses of any arbitration, including the arbitrator’s fee, but excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne equally by personnel Director and/or the City and Manager whether or not the FOP. 9. If the grievant fails Union plans to comply with any time limit set forth in this provision, submit the grievance shall be deemed forfeited. If to arbitration within ninety days of receiving the City fails to comply with any time limit set forth in this provision, the grievance shall be deemed denied as of the last day of the time limit and may be moved to the next step within the time frames set forth in that step. The grievant and the City may agree in writing to extend any time limit set forth in this provision. 10. Either the grievant or the City may request a certified court reporter to take a stenographic record of the evidence taken at the arbitration hearing. The party requesting a stenographic record shall provide a copy to the arbitrator and pay the cost thereof, except that if the other party shall request a copy of any transcript, the parties shall share equally the entire cost of making the stenographic record. 11. A grievant, at his/her own cost, may be represented by an FOP official or legal counsel at any step in the grievance process. Likewise, City management may be represented by legal counsel at any step in the grievance process. C. The City shall compile a record of all grievances filed pursuant to this provision. The record shall be used by the City to compile an annual report of the outcomes of the grievances. The annual report shall be made available to the FOP and the Management Labor Committee, if any. D. The term "business day" means any Monday through Friday that the general offices final decision of the City are open on the grievance, unless a meeting of the Union membership will not take place within that time period, in which case the decision period shall be extended for businessa period not to exceed another forty-five days.

Contract Grievance. A. A grievance under this contract grievance provision shall be confined to an alleged violation of any express provision of this Agreement and shall not include any disciplinary or Article 34 35 (Procedures for Internal Administrative Investigations) matters. A grievance may only be filed for a specific action or inaction of the City. Any employee may discuss any matter with their supervisor without invoking the formal grievance procedure provided in this provision. Likewise, the FOP may discuss any matter with City management without invoking the formal grievance procedure provided in this provision. B. The following grievance procedures shall be followed: 1. A grievance must be initiated by either an aggrieved employee or by the FOP on behalf of any one or more individual aggrieved employees. The grievant must reduce the grievance to writing, provide the reason for the grievance, specify the provisions of the Agreement allegedly violated, set forth the facts relied upon to support the grievance, and state the desired disposition of the grievance. 2. The grievant must provide the written grievance to the Captain Deputy Chief, Assistant Chief, or Director of the employee’s divisionDivision, with a copy to the Director of Human Resources Executive and the FOP, within ten (10) business days from the occurrence of the grieved event or from when the grievant should have reasonably learned of the grieved event. 3. The CaptainDeputy Chief, an assistant chief, Director, or their designee shall have ten (10) business days, excluding absences from the usual work site for the CaptainDeputy Chief, an assistant chief, Director, or designee, from receipt of the written grievance to issue a written decision to the FOP. 4. If the grievant is not satisfied with the written decision of the CaptainDeputy Chief, an assistant chief, Director, or their designee, the grievant may appeal the grievance to the Chief of Police. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Chief, with a copy to the Director of Human Resources Executive and the FOP, within ten (10) business days from the date of issuance to the FOP of the CaptainDeputy Chief’s, an assistant chief’s, Director’s, or their designee’s decision. 5. The Chief of Police, or his/ her designee, shall have ten (10) business days, excluding absences from the usual work site for the Chief or his/her designee, from receipt of the written appeal to issue a written decision to the FOP. 6. If the grievant is not satisfied with the written decision of the Chief of Police, or his/her designee, the grievant may appeal the grievance to arbitration. The written appeal, specifically stating the portions of the decision disagreed with and the reasons for the disagreement, must be provided by the grievant to the Director of Human Resources Executive and the FOP, within ten (10) business days, excluding absences from the usual work site for the employee, from the date of issuance to the FOP of the Chief’s or his/her designee’s decision. 7. Upon receipt of a timely written appeal, the Director of Human Resources Executive or his/her designee shall attempt to reach an agreement with the grievant as to the selection of a neutral arbitrator to hear and decide the grievance. In the event that the parties are unable to reach an agreement, either the grievant or the City may refer the matter to the Federal Mediation and Conciliation Service ("FMCS") to request a list of seven (7) arbitrators, and the parties shall select the arbitrator alternately striking names from the list until one arbitrator remains, who shall be the arbitrator selected. The finding of the arbitrator shall be final and binding on all parties. 8. The arbitrator shall have the authority to hold meetings and make procedural rules. The arbitrator shall have access to all arbitrated decisions concerning the interpretation and application of this Agreement. The findings of the arbitrator must be consistent with law, including federal and state laws and the City Charter, and the terms of this Agreement. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. The fees and necessary expenses of any arbitration, including the arbitrator’s fee, but excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne equally by the City and the FOP. 9. If the grievant fails to comply with any time limit set forth in this provision, the grievance shall be deemed forfeited. If the City fails to comply with any time limit set forth in this provision, the grievance shall be deemed denied as of the last day of the time limit and may be moved to the next step within the time frames set forth in that step. The grievant and the City may agree in writing to extend any time limit set forth in this provision. 10. Either the grievant or the City may request a certified court reporter to take a stenographic record of the evidence taken at the arbitration hearing. The party requesting a stenographic record shall provide a copy to the arbitrator and pay the cost thereof, except that if the other party shall request a copy of any transcript, the parties shall share equally the entire cost of making the stenographic record. 11. A grievant, at his/her own cost, may be represented by an FOP official or legal counsel at any step in the grievance process. Likewise, City management may be represented by legal counsel at any step in the grievance process. C. The City shall compile a record of all grievances filed pursuant to this provision. The record shall be used by the City to compile an annual report of the outcomes of the grievances. The annual report shall be made available to the FOP and the Management Labor Committee, if any. D. The term "business day" means any Monday through Friday that the general offices of the City are open for business.