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(3) Within fourteen (14) calendar days from receipt of the <br /> department director's decision in Step 2 above, the <br /> employee or official of the Association may notify the <br /> Personnel Director in writing that a grievance exists, <br /> stating the particulars of the grievance, citing the <br /> specific section of this Memorandum of Understanding <br /> he /she believes to have been violated, and, if possible, <br /> the nature of the determination desired. The Personnel <br /> Director shall have fourteen (14) days from receipt of <br /> notification in which to investigate the issues, meet <br /> with the complainant and attempt to reach a satisfactory <br /> resolution of the problem. No grievance may be processed <br /> under paragraph (4) below which has not first been filed <br /> and investigated in accordance with this paragraph (3). <br /> (4) If the parties are unable to reach a mutually <br /> satisfactory accord on any grievance which arises and is <br /> presented during the term of this Memorandum of <br /> Undertanding, the employee shall, within fourteen (14) <br /> days of receipt of the decision of the Personnel <br /> Director, submit such grievance to the City Manager for <br /> consideration by a Review Board. The Review Board shall <br /> be comprised of two (2) members of the Association and <br /> two (2) City management representatives appointed by the <br /> City Manager. <br /> The Review Board shall be convened within twenty one (21) <br /> calendar days from the day the grievance was submitted to <br /> said Board. The Board shall render its findings and <br /> recor Nendations in writing to the City Manager within <br /> fourteen (14) calendar days from the date it completed <br /> its review of the grievance. <br /> (5) The City Manager shall within fourteen (14) calendar days <br /> of receipt of the review board's written findings and <br /> recommendations review the findings and recommendations <br /> and render a written decision on the grievance. <br /> (6) The Association may appeal the decision of the City <br /> Manager by requesting that the grievance be referred to <br /> an impartial arbitrator. The Association's decision to <br /> refer the grievance to arbitration shall be made within <br /> fourteen (14) days of the notification of the city <br /> manager's decision. The arbitrator shall be designated <br /> by mutual agreement between the Association and the City <br /> Manager. The fees and expenses of the arbitrator shall <br /> be borne solely by the Association. Each party, however, <br /> shall bear the cost of it's own presentation, including <br /> preparation and post hearing briefs, if any. <br /> (7) Decisions of the arbitrators on matters properly before <br /> them shall be final and binding on the parties hereto, to <br /> the extent permitted by the Ordinance Code and <br /> Resolutions of the City. <br /> - 29 - <br />