2007-61 AUTHORIZING CONTRACT PAY AND BENEFITS - POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION LABOR COMMITTEE

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or interpretation of the express ternis of this agreement as they affect the members of the union or said employee. Section 2 (a). Disciplinary reprimands, both oral and written, nd suspensions of two (2) days or less duration, may be grieved pursuant to the provisions here f, but such reprimands or suspensions may not be referred to arbitration as provided in Sec ion 7 hereof; as to such reprimands or suspensions the decision of the City Manager is fi al. All other disciplinary actions are subject to the provisions of this Article, as modified by this Section. (b). Suspension in excess of two days, multiple suspensio s totaling more than four (4) days within a fiscal year of the City, and discharges, may b grieved pursuant to the , provisions hereof including binding arbitration, and in lieu of a y proceedings otherwise available before the Civil Service Commission. In such cases, it shall e unnecessary to file said grievance pursuant to Sections 3 through 6 hereof, the notice to t e City Manager's Office provided for herein being sufficient to give the arbitrator jurisdiction f the matter, and said time limits herein provided being the only such limits regarding notice of ntent to arbitrate required to be met bv such employee, any provisions of Section 8 to the co trary notwithstanding. In order to exercise the option provided for hereunder to refer a matter o an arbitrator rather than the Civil Service Commission, or to have an arbitrator adjudicate a uspension not within the jurisdiction of the Civil Service Commission, an employee must fil � with the City Manager's Oftice, in writing, a notice that such employee wishes such susp nsion or discharge to be referred to arbitration, which arbitration shall be conducted pursuan to the provisions of this Chapter except where expressly modified by the provisions hereo£ S ch a notice must be filed not later than the end of the fifth business day following the notic to the employee of the discipline to be imposed. Failure to file such a notice within the time 1 mits provided herein shall constitute a waiver of the right of such employee to have said atter arbitrated, and any disciplinary proceedings initiated following such failure to file such otice, if any are required, shall be pursuant to the Civil Service law as provided in Section of Article 11 hereof. A decision by either the Civil Service Commission or an arbitrator shall preclude consideration of the same matter by the other. (e). The filing of a grievance or a notice of intent to arbitr e under the provisions of this Article precludes the employee from any other review, appeal or h aring otherwise available or required by law, unless expressly permitted herein. Seetion 3. No arbitration order or award entered under t e provisions hereof may limit or interfere in any way with the powers, duties and responsi ilities vested in the City Council under applicable State law. Section 4. The union or any employee covered by this greement may submit a grievance in writing to a Lieutenant except that all grievances of sus ensions or discharge may be grieved directly to the Police Chie£ The grievance shall state in si ple and concise terms the nature of the dispute and shall specify the portion of the agreeme which the union or the employee feels is being violated. Such grievance must be submit ed on a grievance form mutually agreed to by the parties. The Lieutenant shall respond i writing within five (5) 27