CITY COUNCIL MEETING AGENDA PACKET

-40 - Step 3: If the parties are unable to reach a resolution of the grievance at Step 2, the Union may request that the grievance be referred to an impartial arbitrator. Such request shall be submitted within twenty (20) working days of the completion of Step 2. Within ten (10) working days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter’s transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the Union and the City. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. Decisions of the arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Ordinance Code and Resolutions of the City. Grievances regarding payment or compensation shall be processed in the following manner: All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources and Labor Relations. Only complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances. Employees are entitled to six (6) months of retroactive pay for unpaid work or underpaid wages. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. 27.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties. 27.4 The provisions of this Section shall not abridge any right to which an employee may be entitled under the City Ordinance and Resolutions, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the City Council. 27.5 All grievances of employees in bargaining units represented by the Union shall be processed under this section. Section 28. Medical Examination In the event the Department Head or the City Manager determines there is a necessity for a medical examination, the employee shall submit to such medical examination any time during such employee's employment. Such examination shall be given by a physician selected by the City and the full cost of such medical examination shall be borne by the City as shall any additional medical examination required by the City. Medical Page 207 of 373