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No grievance may be processed under paragraph (4) below, which has not <br /> first been filed and investigated in accordance with this paragraph (3a). <br /> (3b) Discipline Grievances: Grievances involving demotion, reduction in pay, <br /> suspension, dismissal of an employee shall be filed in writing with the <br /> designated Assistant City Manager within seven (7) working days of the date <br /> the employee was notified of such action. The designated Assistant City <br /> Manager shall have fourteen (14) calendar days from receipt of the grievance <br /> to investigate the issues, meet with the employee and attempt to reach a <br /> satisfactory resolution of the appeal. <br /> (4) If the parties are unable to reach a mutually satisfactory accord on any <br /> grievance which arises and is presented during the term of this Memorandum <br /> of Understanding, the employee shall, within fourteen (14) calendar days of <br /> receipt of the decision of the designated Assistant City Manager, submit such <br /> grievance to the City Manager for consideration by a Review Board. The <br /> Review Board shall be comprised of two (2) members of the Union and two <br /> (2) City management representatives appointed by the City Manager. <br /> The Review Board shall be convened within twenty-one (21) calendar days <br /> from the day the grievance was submitted to said Board. The Board shall <br /> render its findings and recommendations in writing to the City Manager <br /> within fourteen (14) calendar days from the date it completed its review of <br /> the grievance. <br /> (5) The City Manager shall within fourteen (14) calendar days of receipt of the <br /> Review Board's written findings and recommendations review the findings <br /> and recommendations and render a written decision on the grievance. <br /> (6) The Union may appeal the decision of the City Manager by requesting that the <br /> grievance be referred to an impartial arbitrator. The Union's decision to refer <br /> the grievance to arbitration shall be made within fourteen (14) calendar days <br /> of the notification of the City Manager's decision. The arbitrator shall be <br /> designated by mutual agreement between the Union and the City Manager. <br /> The fees and expenses of the arbitrator and court reporter shall be shared <br /> equally between the City and the Union. Each party, however, shall bear the <br /> cost of its own presentation, including preparation and post hearing briefs, if <br /> any. <br /> 7) Decisions of the arbitrators on matters properly before them shall be final and <br /> binding on the parties hereto, to the extent permitted by the Ordinance Code <br /> and Resolutions of the City. <br /> 27.3 The time limits previously set forth shall be considered maximums and every <br /> effort shall be made to expedite the process. The limits specified may, however, <br /> be extended by mutual agreement of the parties. <br /> -37 - <br />