The aggrieved employee, who may be represented by a Union representative, shall present the grievance orally to the Chief or Police or the Deputy Chief of Police within fifteen (15) working days of its occurrence. The Chief or the Deputy Chief will attempt to resolve the grievance or dispute within fifteen (15) working days of receipt of the filing.
a.In the event that the processing of a step 1 grievance is not assigned to a Captain pursuant to this agreement, it may be waived upon mutual agreement of the parties.
If unresolved at Step 1, the aggrieved employee, who may be represented by a Union representative, shall present the grievance or dispute in writing to the Chief of Police within fifteen (15) working days of the receipt of the response at Step 1. The written grievance shall include:
a. a statement of the grievance and the facts involved;
b. the specific article and/or section of the Agreement alleged to have been violated;
c. the remedy requested.
The Chief of Police shall render his decision in writing, within fifteen (15) working days of the date the grievance was submitted to him.
If the grievance has not been settled, it shall be presented in writing to the City Manager within fifteen (15) working days after the decision of the Chief of Police is received. If he so determines, the City Manager shall meet with the interested parties no later than fifteen (15) working days after the receipt of the grievance and in any case shall render his decision in writing within fifteen (15) working days of receipt of the grievance.
If the Union is not satisfied with the decision rendered in Step 3, it shall notify the City Manager within fifteen (15) working days after receipt of the decision that it intends to submit the grievance to arbitration. The party requesting arbitration shall, however, first seek mediation with the State Board of Mediation and Arbitration. Notwithstanding the above, either party may proceed directly to arbitration on all discipline cases which directly result in loss of pay to an employee. If mediation fails to produce a resolution of the grievance or no mediation is required under the contract, the party requesting arbitration shall, within fifteen (15) working days of the mediation session or receipt of the City Manager's decision, as applicable, file for arbitration with the State Board of Mediation and Arbitration which shall act on such request in accordance with its rules and procedures. The arbitrator(s) shall be limited to the express terms of the contract and shall not have the power to modify, amend or delete any terms or provisions of the Agreement.
a. In Steps 1, 2, 3 and 4 above, the working days shall not include Saturdays, Sundays and days on which City Hall is closed for holiday observances.
Unless the parties mutually agree in writing to extend the time limits specified in this Article, the Union shall have the right to proceed to the next step of the grievance procedure at the conclusion of the period specified for the employer response.