R2023-137 Resolution Authorizing Pay and Benefits I.A.F.F. Local 505, Fire Association

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adjudicate a suspension not within the jurisdiction of the Civil Service Commission, an employee must file with the City Manager's Office, in writing, a notice that such employee wishes such suspension or discharge to be referred to arbitration, which arbitration shall be conducted pursuant to the provisions of this Chapter except where expressly modified by the provisions hereof. Such a notice must be filed not later than the end of the fifth business day following the notice to the employee of the discipline to be imposed. Failure to file such a notice within the time limits provided herein shall constitute a waiver of the right of such employee to have said matter arbitrated, and any disciplinary proceedings initiated following such failure to file such notice, if any are required, shall be pursuant to the Civil Service law. A decision by either the Civil Service Commission or an arbitrator shall preclude consideration of the same matter by the other. (d) The filing of a grievance or a notice of intent to arbitrate under the provisions of this Article precludes the employee from any other review, appeal or hearing otherwise available or required by law, unless expressly permitted herein. Section 3. No arbitration order or award entered under the provisions hereof may limit or interfere with the powers, duties and responsibilities vested in the City Council under applicable State law. Section 4. The Union or any employee covered by this Agreement shall first attempt to resolve any grievance orally with the appropriate battalion or division chief. The battalion or division chief will attempt to resolve the dispute whenever possible, and if not settled, state reasons why such was not possible. Grievances settled at this level are not precedent for future grievances. Section 5. A Battalion Chief shall respond to the Union's grievance within five (5) business days. If the Union is not satisfied with the particular battalion or division chiefs response, the written grievance may be filed with the Fire Chief. The grievance shall state in simple and concise terms the nature of the dispute and shall specify the portion of the Agreement which the Union or the employees feels is being violated. The Fire Chief shall meet with two (2) representatives within ten (10) business days after receiving the grievance. The Fire Chief shall give said officer's response in writing within five (5) business days thereafter. 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. Section 6. If the union is not satisfied with the Fire Chief's response, the written grievance may be referred to the City Manager within five (5) business days after the Fire Chief sdecision. The City Manager shall meet with two representatives within fifteen (15) business days after receiving the grievance. The City Manager shall give the City's response in writing within five (5) business days with his decision. Section 7. If the union is not satisfied with the City's response, the written grievance and the City's responses may be referred to arbitration by so notifying the City Manager's Office in writing within ten (10) days after the City Manger's decision. 32