When differences or complaints arise between the City and the Association concerning the interpretation and application of this Title of the Code, such differences or complaints shall be processed as grievances under this Title of the Code.
First Step: Any grievances shall first be taken up by the Association with the appropriate Bureau Head or Section Commander, who will make every effort to adjust the problem and reach a settlement.
Grievances must be submitted by the Association to the first step of the grievance procedure within twenty (20) work days from the date that the Command Officer affected has knowledge of the grievance. The Bureau Head or Section Commander shall investigate the grievance and give his answer to the Association within ten (10) work days from the date on which the grievance was presented to him. The Association shall have the right, in cases which have an impact upon a class of Command Officers, other than through a particular aggrieved Command Officer, to initiate a grievance in the manner provided in the first step of this grievance procedure. In instances wherein the parties agree that the subject matter of the grievance lies outside the jurisdiction of any of the grievance respondents, the steps of the grievance procedure may be reduced in order to facilitate the grievance process.
Second Step: If the answer of the Bureau Head or Section Commander is unsatisfactory, the grievance may be advanced within ten (10) work days, in writing, by the Association to the Chief of Police for further review by the Chief or his designee. In no event shall the City attempt to settle any grievance directly with the Command Officer involved if no satisfactory settlement has been reached in the first step of the grievance procedure.
The Chief or his designee shall make every effort to resolve the matter to the satisfaction of all concerned. The Chief or his designee may afford the Association a hearing at which time the grievance can be fully discussed.
Third Step: If the Chief or his designee is unable to settle the grievance within ten (10) work days from the date on which the grievance is submitted to the Chief, the grievance may be advanced to the office of the Mayor within ten (10) work days by the Association. The association shall provide the Chief and Human Resources copies of the notice to advance the grievance to the office of the Mayor. The Mayor or his designee shall have fifteen (15) work days to attempt to resolve the grievance. The Mayor, or his designee, may afford the Association a hearing, upon request by the Association, at which time the grievance can be fully discussed.
Fourth Step: If the Mayor or his designee is unable to settle the grievance within fifteen (15) work days after it was submitted to him, the Association shall have the right to submit the grievance to arbitration by giving the City written notification within thirty (30) work days. When a grievance is to be submitted to arbitration, both parties agree to ask the Federal Mediation and Conciliation Service to submit a list of seven (7) names of citizens who are available for service as arbitrators. The City and the Association shall alternately strike one (1) name from the list. The side to strike the first name shall be chosen by a coin toss.
The person whose name has been chosen shall serve as the arbitrator. The arbitration shall be held as promptly as possible. The fees and expenses of the arbitrator shall be paid by the party against whom the arbitrator renders an adverse decision. In the event that more than one (1) issue is referred to the same hearing, the cost of the arbitration shall be divided proportionately, the loser bearing the proportionate share of the cost of the cases lost. All other expenses for witnesses or otherwise shall be borne by the party incurring the loss. However, any Command Officer called as a witness by either side will continue to receive his regular rate of pay while attending such hearing not to exceed the normal eight (8) hours he would have worked. Any Command Officer called as a witness during his off-duty hours shall be compensated at the authorized overtime rate.
Arbitration shall be limited to matters concerning the interpretation of the code or application of the provisions of this Title of the Code. However, by mutual agreement of the City and the Association, the grievance procedure set forth above may be used in other matters.
In the event that the City fails to answer a grievance within the time required or by the proper respondent listed at each step in this Title of the Code, or if the Association fails to appeal the answer given to the next step of the grievance procedure within the time allowed, then the grievance will be considered settled against the side which has defaulted. However, any of the time limits in the grievance procedure may be extended by mutual agreement. Grievances settled by default cannot be the basis of establishing precedent for the settlement of any other grievance.