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

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(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 rece�iving 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 Chiefs response, the written grievance may be referred to the City Manager within five (5) business days after the Fire Chiefs decision. 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. The City and the Union shall attempt to agree upon an arbitrator. If the parties fail to agree to the selection of an arbitrator, th��e Federal Mediation and Conciliation Service (FMCS) shall be requested by either or both parties to submit simultaneously to both parties an identical list of seven (7) names of persons from its grievance ; arbitration panel, which arbitrators are members of the National Academy of Arbitrators and are ' residents of Illinois. Both the City and the Union shall have the right �to alternately strike three , names from the panel with the party striking first to be determined by a coin toss. The , remaining person shall be the arbitrator. FMCS shall be notified by the parties of the name of !, the selected arbitrator, who shall be notified by the FMCS of his/her selection and request the 'I scheduling of a mutually agreeable date for the commencement of the arbitration hearing(s). All ' hearings shall take place in the city of Decatur, Illinois, unless otherwise mutually agreed. Section 8. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. He shall only consider and make a decision with respect to the specific issue submitted to him in writing, and shall have no zs