Definitions and Clarifying Statements Sample Clauses

Definitions and Clarifying Statements. A "grievance" is defined as a dispute or disagreement involving the interpretation, the application, or alleged violation of any article of this Agreement. A bargaining unit member may use either the grievance procedure set forth in this Agreement or the grievance procedure set forth in the City’s Personnel Rules and Regulations. Upon submission of a grievance at Step I, a bargaining unit member shall disclose in writing which grievance procedure he is pursuing. Under no circumstances shall the bargaining unit member or FOPE be permitted to change the grievance procedure under which the initial grievance was filed, or to file the same grievance under both procedures. In matters involving a grievance, an authorized representative of the FOPE shall be given the opportunity to be present at any meeting called for the resolution of such grievance. If a bargaining unit member decides not to be represented by an authorized representative of the FOPE, any adjustment of the grievance shall be consistent with the terms of this Agreement. For a grievance involving contract interpretation, the remedy shall not be retroactive beyond two
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Definitions and Clarifying Statements. In the event a grievance processed through the grievance procedure has not been resolved in Step III, the Association or the grievant, if not represented by the Association,_may request that the grievance be submitted to arbitration within twenty (20) calendar days after the City Manager, or designee, renders a written decision on the grievance. The Association or the grievant, if not represented by the Association, shall request that the Federal Mediation and Conciliation Services (FMCS) provide a panel of seven (7) names. A copy of the request to the FMCS shall be simultaneously provided to the City. The request to the FMCS must be submitted within twenty (20) calendar days of the Step III grievance determination by the City Manager or designee. The holiday season moratorium outlined in Article 22, Section 2.2 shall also apply to the aforementioned deadlines. From the panel of seven names, the Association or the grievant, if not represented by the Association, shall strike first. The next five names shall be stricken in alternating fashion, leaving the seventh (7th) name, which will give a neutral or impartial arbitrator. In lieu of striking names, the parties may mutually agree to an arbitrator from the list of seven (7) names provided by the Federal Mediation and Conciliation Service. This process shall be completed within fifteen ( 15) calendar days of receipt of the panel. In the event a dispute exists with respect to the arbitrability of the grievance submitted to arbitration, the City and the Association or the grievant, if not represented by the Association, agree to request from the FMCS a second panel of seven (7) names within the aforementioned twenty (20) day period. Using the striking procedure detailed herein, the parties agree to select an arbitrator within five (5) calendar days of receipt of the panel. The parties agree that the matter of arbitrability be submitted to the arbitrator, and that it be heard and resolved by the arbitrator within forty-five (45) calendar days, if possible.
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