Common use of First Level of Review Clause in Contracts

First Level of Review. If the grievance is not settled at Step 1, the grievant may serve written notice of the grievance on a form provided by the City Attorney upon the person designated by the City Attorney to review the grievance at Step 2 within seven (7) calendar days of receipt of the grievance response at Step 1. The City Attorney shall, upon request of the grievant or xxxxxxxx's chosen representative, forthwith identify the individual upon whom the written notice may be served. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process the grievance at the next level of review. Grievance Mediation (Optional) If the written decision at Step 2 does not settle the grievance, within ten (10) calendar days of receipt of such response, or time limits, the grievant and the Association jointly may request mediation by letter to the City Attorney. This procedure is optional. Either the grievant/Association or Management may waive mediation and proceed to the next step in the grievance procedure. Within ten (10) calendar days of receipt of a request for mediation, the City Attorney shall either return the request without action or request that the Employee Relations Board appoint a mediator. The Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, the Association and Management may jointly agree to a mediator selected by the parties. The fees, if any, of such mediator shall be shared equally by the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. Court reporters shall not be allowed to be present, the rules of evidence shall not apply and no record shall be made. The mediator shall determine whether witnesses are necessary in the conduct of the proceedings. If settlement is not possible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, along with a brief statement of the reasons for the opinion. Such opinion as well as anything said by the parties during mediation shall not be used during any subsequent arbitration. Notwithstanding the above, and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. Use of grievance mediation shall toll the time limits otherwise applicable in this Article.

First Level of Review. If the grievance is not settled at Step 1, the grievant may serve written notice of the grievance on a form provided by the City Attorney upon the person designated by the City Attorney to review the grievance at Step 2 within seven (7) calendar days of receipt of the grievance response at Step 1. The City Attorney shall, upon request of the grievant or xxxxxxxx's chosen representative, forthwith identify the individual upon whom the written notice may be served. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to of respond within such time limit shall entitle the grievant to process the grievance at the next level of review. Grievance Mediation (Optional) If the written decision at Step 2 does not settle the grievance, within ten (10) calendar days of receipt of such response, or time limits, the grievant and the Association jointly may request mediation by letter to the City Attorney. This procedure is optional. Either the grievant/Association or Management may waive mediation and proceed to the next step in the grievance procedure. Within ten (10) calendar days of receipt of a request for mediation, the City Attorney shall either return the request without action or request that the Employee Relations Board appoint a mediator. The Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, the Association and Management may jointly agree to a mediator selected by the parties. The fees, if any, of such mediator shall be shared equally by the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. Court reporters shall not be allowed to be present, the rules of evidence shall not apply and no record shall be made. The mediator shall determine whether witnesses are necessary in the conduct of the proceedings. If settlement is not possible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, along with a brief statement of the reasons for the opinion. Such opinion as well as anything said by the parties during mediation shall not be used during any subsequent arbitration. Notwithstanding the above, and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. Use of grievance mediation shall toll the time limits otherwise applicable in this Article.