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<br />4938-6770-8028 v1 -47 - <br /> <br />problem. No grievance may be processed under paragraph (4) below, which has not first <br />been filed meet with the employee and investigated in accordance with this paragraph <br />(3a).the Union. A written decision shall be issued within ten (10) working days from the <br />date that the Step 2 grievance meeting is held. <br /> <br />4. If the parties are unable to reach a mutually satisfactory accord on any grievance <br />which arises and is presented during the term of this Memorandum of Understanding, <br />the employee shall, within ten (10) working days of receipt of the decision of the <br />Director of Human Resources and Labor Relations, submit such grievance to the City <br />Manager for consideration by a Review Board. The Review Board shall be <br />comprised of two (2) members of the Union and two (2) City management <br />representatives appointed by the City Manager. <br /> <br />The Review Board shall be convened within fifteen (15) working days from the day <br />the grievance was submitted to said Board. The Board shall render its findings and <br />recommendations in writing to the City Manager within ten (10) calendar days from <br />the date it completed its review of the grievance. <br /> <br />5. The City Manager shall within ten (10) working days of receipt of the Review <br />Board's written findings and recommendations review the findings and <br />recommendations and render a written decision on the grievance. <br /> <br />6. TheStep 3: If the parties are unable to reach a resolution of the <br />grievance at Step 2, the Union may appeal the decision of the City Manager by <br />requestingrequest that the grievance be referred to an impartial arbitrator. The Union's <br />decision to refer the grievance to arbitrationSuch request shall be madesubmitted within <br />twenty (20) working days of the completion of Step 2. Within ten (10) working days of <br />the notification of the City Manager's decision. Therequest for arbitration the parties <br />shall mutually select an arbitrator shall be designated by mutual agreement between the <br />Union and the City Manager. who shall render a decision within thirty (30) work days <br />from the date of final submission of the grievance including receipt of the court reporter’s <br />transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and <br />court reporterof the Court Reporter shall be shared equally betweenby the CityUnion and <br />the Union. City. Each party, however, shall bear the costcosts of its own presentation, <br />including preparation and post hearing briefs, if any. <br /> <br />7. Decisions of the arbitrators on matters properly before them shall <br />be final and binding on the parties hereto, to the extent permitted by the Ordinance Code <br />and Resolutions of the City. <br /> <br />C. Grievances regarding payment or compensation shall be processed in the <br />following manner: <br />All complaints involving or concerning the payment of compensation shall be initially <br />filed in writing with the Director of Human Resources and Labor Relations. Only <br />complaints which allege that employees are not being compensated in accordance with <br />the provision of this Memorandum of Understanding shall be considered as grievances. <br />No adjustment shall be retroactive for more than thirty (30) working days from the date <br />Page 114 of 200