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

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his written decision to the parties within thirty (30) business days of the close of the hearings or the submission of briefs, whichever is later, unless the parties agree to an extension. A decision rendered consistent with the terms hereof shall be final and binding and may be enforced at the instance of either party in the Circuit Court of Macon County. The pendency of any proceedings in the Circuit Court for review of the arbitrator's decision as allowed by law shall not automatically stay the order of the arbitrator. (c) The expenses and fees of the arbitrator and the costs of the hearing room and any transcription of the hearing, if requested by either party, shall be shared equally by the parties. The decision and award of the arbitrator shall be final and binding on the City,the Union, and the employee or employees involved, except that said decision and award may be reviewed by any court of competent jurisdiction as provided by law. Each party shall be responsible for compen- sating its own representatives and witnesses. (d) No arbitration order or award entered under the provision hereof may limit or inter- fere in any way with the powers, duties and responsibilities vested in the City Council under ap- plicable State law. Section 4.Timing for Filing a Grievance. (a) No grievance shall be entertained or pro- cessed unless submitted within ten (10) business days of the date that the employee knew or should have known of the event giving rise to a grievance. Any award to an aggrieved employee for a violation of the terms of this agreement shall be limited to consideration of only the said ten (10) business days immediately preceding the filing of the grievance plus any period thereafter during which such practice continued. If a grievance is not appealed by the union or the employee to the next step in the procedure set out herein within the time limits set forth or as mutually extended in writing, it shall be deemed waived and settled on the basis of the City's last response. (b) The affected employee shall have the right to be present at any of the hearings pro- vided for herein if such employee so chooses. (c) Certain issues which by nature are not capable of being settled at a preliminary step of the grievance procedure may by mutual agreement be filed at the appropriate advanced step where the action giving rise to the grievance was initiated. Mutual agreement shall take place between the appropriate union representative and the appropriate city representative at the step where it is desired to initiate the grievance. Section 5. Suspensions and Discharges (a) Suspensions and discharges shall be grieved directly to the City Manager, who shall meet with up to two representatives and the af- fected employee within three (3) business days of the filing of the grievance. The City Manager shall respond in writing within five (5) business days with his decision. Suspensions of three (3) days or fewer shall not be served by the employee prior to the City Manager's decision. (b) Disciplinary reprimands may be grieved pursuant to the provisions hereof, but such reprimands may not be referred to arbitration as provided in Section 3 hereof. As to such repri- mands, the decision of the City Manager is final. The City may, at its option,waive the provisions hereof and permit such discipline as is herein described to be arbitrated according to the provi- sions of this Article. (c)Suspensions and discharges may be grieved pursuant to the provisions hereof, includ- ing binding arbitration, and in lieu of any proceedings otherwise available before the Civil Service Commission. In such cases, it shall be unnecessary to file said grievance pursuant to Sections 2 through 4 hereof, the notice to the City Manager's Office provided for herein being sufficient to 31