R2022-173 Resolution Authorizing Collective Bargaining Agreement for Pay and Benefits - AFSCME Council 31 and Local 268 General Service Employees

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business days with his decision. A "business day", for the purposes of this Article shall be any day on which the City's administrative offices are open and conducting business. Step Two. If the union is not satisfied with the immediate non-bargaining unit supervisor's response,the written grievance may be referred to the Division Manager within ten (10) business days after immediate non-bargaining unit supervisor's decision. The grievance filed must be spe- cific as to the contract section or sections that was violated and the nature of the dispute. The Division Manager may meet with one representative within ten (10) business days after receiving the grievance. The Division Manager shall respond in writing within ten (10) business days with his/her decision. Step Three. If the union is not satisfied with the Division Manager's response, the written grievance may be referred to the Department Director within ten (10) business days after the Division Manager's decision. The Department Director shall meet with one representative of the union within ten (10) business days after receiving the grievance. The Department Director shall respond in writing within ten (10)business days with his decision. Step Four. If the union is not satisfied with the Department Director's response,the written grievance may be referred to the City Manager within ten(10)business days after the Department Director's decision. The City Manager shall meet with three representatives within fifteen (15) business days after receiving the grievance. The City Manager shall respond in writing within ten (10) business days with his decision. Timelines indicated in Step One through Step Four of this section may be extended on a case by case basis with the mutual consent of the City and the Union. Section 3.Arbitration. (a) If the union is not satisfied with the City Manager's response, the written grievance may be referred to arbitration by so notifying the City Manager's Office in writing within ten (10) business days after the City Manager's decision.Within sixty(60) business days of the written notice to arbitrate, the parties will tender a request to the Federal Mediation and Conciliation Service asking for a panel of arbitrators. Upon the receipt of said panel the Union and the City will strike names. Both the City and the union shall have the right to strike two names from the panel with the party striking first to be determined by a coin toss. The remaining person shall be the arbitrator who shall be notified of their selection by a joint letter from both parties, requesting that a date and time for the hearing be established subject to the reasonable availa- bility of the parties. All hearings shall take place in the City of Decatur, Illinois, unless otherwise mutually agreed. If such executed requests or notices to meet or confer are not provided to the City within the limits established herein, no arbitrator shall have authority or jurisdiction to decide the matter and the same will be deemed settled on the basis of the City's last response.The limits established hereby may be extended by mutual agreement, in writing, of the parties. Arbitrators must follow Illinois Rules of Evidence. (b)The only issue to be arbitrated and capable of being arbitrated is that specific issue or issues listed in the initial grievance. Both parties agree to attempt to arrive at a joint stipulation of the facts and issues as outlined to be submitted to the arbitrator. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to or subtract from the provisions of this agree- ment. He shall only consider and make a decision with respect to the specific issue submitted to him in writing, and shall have no authority to make a decision as to any other issue not so sub- mitted to him or as to any issue not expressly covered by the terms of this agreement. In the event that the arbitrator finds a violation of the terms of this agreement, he shall fashion an appropriate remedy within the limits provided herein. The arbitrator shall have no power to make a decision that is contrary to the laws of the State of Illinois or the United States. The arbitrator shall submit 30