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ARTICLE 18 <br /> GRIEVANCES <br /> Section 1. A grievance is hereby defined as an actual dispute between the city and the <br /> union or an employee covered by this agreement concerning only the application, meaning or <br /> interpretation of the terms of this agreement as they affect the members of the Union or said <br /> employees. <br /> Section 2. (a) All discipline, reprimands, suspensions and discharges shall be for just <br /> cause only. <br /> (b) Disciplinary reprimands, both oral and written, or suspensions of three calendar days <br /> or less, including multiple suspensions of such duration within any s'ix-month period, may be <br /> grieved pursuant to the provisions hereof, but such reprimands or suspensions may not be <br /> referred to arbitration as provided in Section 7 hereof; as to such reprimands or suspensions, <br /> the decision of the City Manager is final. All other disciplinary actions are subject to the <br /> provisions of this Article, as modified by this section. <br /> (c) Suspensions of greater than three calendar days, and discharges, may be grieved <br /> pursuant to the provisions hereof, including binding arbitration, and in lieu of any proceedings <br /> otherwise available before the Civil Service Commission. In such cases, it shall be unnecessary <br /> to file said grievance pursuant to Sections 4 and 5 hereof, the notice to the City Manager's <br /> Office provided for herein being sufficient to give the arbitrator jurisdiction of the matter, and <br /> said time limits herein provided being the only such limits regarding notice of intent to arbitrate <br /> required to be met by such employee, any provisions of Section 8 to the contrary <br /> notwithstanding. In order to exercise the option provided for hereunder to refer a matter to an <br /> arbitrator rather than the Civil Service Commission, or to have an arbitrator adjudicate a <br /> suspension not within the jurisdiction of the Civil Service Commission, an employee must file <br /> with the City Manager's Office, in writing, a notice that such employee wishes such suspension <br /> or discharge to be referred to arbitration, which arbitration shall be conducted pursuant to the <br /> provisions of this Chapter except where expressly modified by the provisions hereof. Such a <br /> notice must be filed not later than the end of the fifth business day following the notice to the <br /> employee of the discipline to be imposed. Failure to file such a notice within the time limits <br /> provided herein shall constitute a waiver of the right of such employee to have said matter <br /> arbitrated, and any disciplinary proceedings initiated following such failure to file such notice, if <br /> any are required, shall be pursuant to the Civil Service law. A decision by either the Civil Service <br /> Commission or an arbitrator shall preclude consideration of the same matter by the other. <br /> (d) The filing of a grievance or a notice of intent to arbitrate under the provisions of this <br /> Article precludes the employee from any other review, appeal or hearing otherwise available or <br /> required by law, unless expressly permitted herein. <br /> Section 3. No arbitration order or award entered under the provisions hereof may limit <br /> or interfere with the powers, duties and responsibilities vested in the City Council under <br /> applicable State law. <br /> Section 4. The Union or any employee covered by this Agreement shall first attempt to <br /> resolve any grievance orally with the appropriate battalion or division cfiief. The battalion or <br /> division chief will attempt to resolve the dispute whenever possible, and if not settled, state <br /> reasons why such was not possible. Grievances settled at this level are not precedent for future <br /> grievances. <br /> 23 <br />