2008-82 AUTHORIZING CONTRACT PAY AND BENEFITS - I.A.F.F. LOCAL 505, FIRE ASSOCIATION

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(c) If at any time, due to retirement, resignation, or extended disability, the number of EMT-Is fall below the number specified by the assignments on Exhibit D on a battalion, the Fire Chief will have the option to transfer the least senior EMT-I from a sufficiently staffed battalion to maintain minimum staffing of the affected battalion. When the affected battalion reaches its specified level of staffing, the transferred EMT-I shall be transferred back to his/her original battalion. (d) No downgrade request will be allowed to drop below the �MT-B level, based on the level of qualifications as of May 1, 2004, except for employees who have voluntarily certified as EMT-Bs prior to April 5, 1988. If those qualifications change, either party may request to reopen this section. ARTICLE 18 GRIEVANCES Section 1. A grievance is hereby defined as an actual dispute between the city and the , union or an employee covered by this agreement concerning only the application, meaning or ', interpretation of the terms of this agreement as they affect the members of the Union or said employees. Section 2. (a) All discipline, reprimands, suspensions and discharges shall be for just cause only. (b) Disciplinary reprimands, both oral and written, or suspensions of three calendar days or less, including multiple suspensions of such duration within any six-month period, may be grieved pursuant to the provisions hereof, but such reprimands or suspensions may not be referred to arbitration as provided in Section 7 hereof; as to such reprimands or suspensions, the decision of the City Manager is final. All other disciplinary actions are subject to the provisions of this Article, as modified by this section. (c) Suspensions of greater than three calendar days, and discharges, may be grieved pursuant to the provisions hereof, including binding arbitration, and in lieu of any proceedings otherwise available before the Civil Service Commission. In such cas�s, it shall be unnecessary to file said grievance pursuant to Sections 4 and 5 hereof, the notice to the City Manager's Office provided for herein being sufficient to give the arbitrator jurisdiction of the matter, and said time limits herein provided being the only such limits regarding notice of intent to arbitrate required to be met by such employee, any provisions of Se�tion 8 to the contrary notwithstanding. In order to exercise the option provided for hereunder to refer a matter to an arbitrator rather than the Civil Service Commission, or to have an arbitrator 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 rr�atter by the other. 25