Grievance Process (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. (b) Grievance Mediation shall be scheduled within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (d) The parties shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party, unless otherwise mutually agreed. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator, unless otherwise mutually agreed. Nothing said or done by the mediator may be referred to Arbitration. (i) The Union and Employer will share the cost of the Mediator, if any.
CENTRAL GRIEVANCE PROCESS The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.
GRIEVANCE PROCEDURE Section 8.1 A grievance is hereby defined as an alleged violation, misapplication, or misinterpretation of a specific Article of this Agreement that is brought by the aggrieved employee and/or the Union to the attention of the other party within fifteen (15) working days of the time the grieving party first became aware of the alleged violation. Regarding Article 10, Rights Related to Appointed Status – Investigations, only claims of failure to follow the procedural elements as outlined in that Article 10, not any decision to discipline, and only for suspensions and terminations for disciplinary reasons, may be processed under this Grievance Article, up to and including Step 3. Working days referred to in this Article shall be defined as Monday through Friday with the exclusion of holidays recognized by the Employer. Grievances shall be processed in the following manner: Step 1 The Union or aggrieved employee shall first present the grievance in writing setting forth relevant facts including the alleged violation and the resolution requested to an Assistant Police Chief, with a copy to the City’s Labor Relations office. The Assistant Police Chief shall review the grievance and render a written decision within fifteen (15) working days of receipt of the grievance. The written grievance at this step and at Step 2 shall contain the following information: 1. A statement of the grievance and the facts upon which it is based; 2. The alleged violation of this Agreement, a. citing the specific Article and/or Section and b. how that Article and/or Section is alleged to have been violated; 3. The remedy or adjustment sought; and 4. The signature of the aggrieved employee or Union Representative. Step 2 If the grievance is not resolved at Step 1, the Union may submit the grievance in writing to the Police Chief within fifteen (15) working days of receipt of the Assistant Police Chief’s decision, with a copy to the City’s Labor Relations office. The Police Chief shall render a written decision within twenty (20) working days of receipt of the grievance. Step 3 If the grievance is not resolved at Step 2, the Union may submit the grievance in writing to the City’s Human Resources Director (“HR Director”) within fifteen (15) working days of receipt of the Police Chief’s decision, with a copy to the City’s Labor Relations office. Thereafter, the HR Director or designee shall meet with the grievant and the Union representative involved within fifteen (15) working days of receipt of the Union's grievance if schedules can be so arranged, but in no event longer than thirty (30) working days unless otherwise mutually agreed. If no agreement is reached, the HR Director or designee shall submit a written response to the Union within twenty (20) working days following the meeting. Claims of failure to follow the procedural elements as outlined in Article 10, Rights Related to Appointed Status – Investigations, for suspensions and terminations for disciplinary reasons, shall not be grieved beyond this Step 3. Step 4 Non-disciplinary grievances not resolved may be referred to arbitration by either party to this Agreement. Either party may give written notice to the other of its intention to arbitrate within thirty (30) working days following completion of the steps listed above. The Union shall give such written notice to the Police Chief and the City’s Labor Relations office. The City shall give such notice to the representative designated by the Union. Within ten (10) working days of the request to arbitrate, a representative of the Union and the Employer shall attempt to agree on a neutral arbitrator. If unable to reach agreement, within ten (10) working days, the party requesting arbitration shall request a list of seven (7) arbitrators with primary offices in Washington or Oregon from the Public Employment Relations Commission or Federal Mediation Conciliation Service (FMCS). Upon receipt of the list both parties shall, within ten (10) working days, alternately strike names from the list until one name remains, who shall serve as the neutral arbitrator. The party requesting arbitration shall strike first in the striking process. The arbitrator shall issue a written decision within thirty (30) calendar days of the close of the hearing, or issue a bench decision if mutually agreed to and requested by both parties of this Agreement. The decision shall be final and binding on the City, the Union, and employees represented by the Union and covered by this Agreement. The arbitrator shall have no power to alter, amend or change the terms of this Agreement. Section 8.2 Each party shall bear the expense of its own costs of preparing and presenting its own case, including compensating its own attorneys, representatives and witnesses. Section 8.3 The parties may mutually agree to submit any grievance to mediation, prior to Section 8.1, Step 4, above. Each party shall bear the expense of its own representation and all other expenses incidental to the mediation shall be divided equally. A party must give notice of its interest in mediation to the other party within fifteen (15) working days of the last Step response, and the other party will provide notification to the requesting party as to whether it agrees to mediation within fifteen (15) working days of receipt of the request. The mediator shall have no authority to resolve the grievance except by agreement of the Union and the City.