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investigate the issues, meet with the complainant and <br /> attempt to reach a satisfactory resolution of the <br /> problem. No grievance may be processed under paragraphs <br /> (3) and (4) below which has not first been filed and <br /> investigated in accordance with this paragraph (2). <br /> <br />(3) Any grievance which has not been resolved by the <br /> procedures hereinabove set forth may be referred to the <br /> City Manager by the complainant or by the personnel <br /> Officer. Such referral shall be in writing, detailing <br /> the specific issues involved in the referral together <br /> with a statement of the resolution desired. The ~ity <br /> Manager and a representative of the PCEA or, if the <br /> complainant is not the PCEA the grievant himself or <br /> herself shall designate a party to investigate the merits <br /> of the complaint, to meet with the complainant and, if <br /> the complainant is not the PCEA, to meet also with the <br /> officials of the PCEA, and attempt to settle the <br /> grievance. <br /> <br />(4) If the parties are unable to reach a mutually satisfactory <br /> accord on any grievance which arises and is presented <br /> during the terms of this Memorandum of Understanding, <br /> such grievance shall be submitted to an Adjustment <br /> Board comprised of two persons appointed by the PCEA <br /> and two persons appointed by the City Manager <br /> <br />(5) Majority decisions of an Adjustment Board on matters <br /> properly before it shall be final and binding on the <br /> parties hereto, to the extent permitted by the <br /> ordinance and Resolutions of the City. <br /> <br />(6) No Adjustment Board shall entertain, hear, decide, or <br /> make recommendations on any dispute unless such dispute <br /> involves a position in a unit represented by the PCEA <br /> and unless such dispute falls within the definition <br /> of a grievance as set forth in subsection 25.1. <br /> Neither shall any Adjustment Board have the power to <br /> amend or modify this Memorandum of Understanding or <br /> written agreements or addenda supplementary hereto <br /> or to establish any new terms or conditions of <br /> employment. <br /> <br />(7) If the grievance is not resolved by the procedures <br /> set forth above, the grievance may be referred to <br /> a third party acceptable to both the City and the <br /> PCEA or if the PCEA is not the complainant, agreeable <br /> to the complainant himself or herself. The neutral <br /> third party shall investigate the issues, meet with <br /> the complainant and recommend a solution to the <br /> the City Manager. <br /> <br />(8) If the grievance is not resolved at Step (7), the <br /> grievance may be submitted to the City Council for <br /> final decision. <br /> <br /> - 39 - <br /> <br /> <br />