(a) The recognized levels of management under the grievance procedure are as follows: the operational unit (Fire Communica tions or Police Communications), the Department (Fire or Police), and the Department of Human Resources.
(b) Definitions. Disputes involving interpretation, application, or enforcement of the terms of this agreement shall constitute a grievance under the provisions set forth herein.
For the purpose of this section, the term “days” is defined as Monday through Friday, excluding holidays. Appeals and responses at the various steps shall be considered submitted or received on the actual date of receipt, unless sent via U.S. mail in which case the date of posting shall be considered the date of receipt.
(c) Grievance Steps
STEP 1: When a dispute arises from action taken at the operational unit level, the employee and the Union representative shall discuss the matter with the responsible supervisor within seven (7) working days after the existence of the dispute is known to the employee. The responsible supervisor may respond within seven (7) workdays of the discussion. If the responsible supervisor fails to respond in the time frame allowed, the employee has the right to proceed to Step Two. Each operational unit will designate in writing to the Steward and Chief Steward the position(s) to whom grievances are to be presented at this step. Once designated by the operational unit, it is the Union's responsibility to advise new Stewards of the designations. The Union representative presenting the grievance will be immediately advised if the discussion of the grievance needs to occur at another supervisory level. So long as the grievance is presented to the designated operational unit representative in a timely manner the grievance will be considered timely.
When the dispute is resolved at the operational unit level, the responsible supervisor and the Union representative shall reduce the grievance and answer to writing within five (5) working days. Both the responsible supervisor and Union representative shall sign the grievance report.
STEP 2: When the dispute is not settled at the operational level, the Union representative shall reduce the grievance to writing and submit it to the chief of the department or his/her designee who has jurisdiction of the alleged infraction within ten (10) working days after the answer at the operational unit level. The grievance shall be submitted on an approved form and must specify the section of the contract at issue, how the section has been violated, and when the violation occurred. The chief or the designee thereof may at his option conduct a hearing on the grievance. If so, the hearing will be scheduled within ten (10) workdays with a decision required in ten (10) workdays following the day of the hearing. If there is no hearing, a decision shall be issued within ten (10) workdays of the submission at the second step. The grievance shall be returned to the Steward with the decision.
STEP 3: A grievance which is unresolved through steps one and two shall at the instance of the Union be submitted in writing to the Department of Human Resources within ten (10) work days of the decision in Step 2. The assigned hearing officer shall contact the Union's Chief Steward within ten (10) workdays of receipt of the appeal with dates for scheduling a Step 3 hearing. The hearing shall then be held within thirty (30) workdays of the date the Step 3 grievance was submitted to Human Resources. A written decision to be issued within ten (10) workdays thereafter, except where the parties have agreed to forego a hearing. If no hearing is set, a decision shall be issued within ten (10) workdays of the agreement to forego a hearing. A copy of the decision shall be submitted to the Union hall, employee's steward, divisional steward and the employee. The failure to submit a copy to any party except to the Union hall, or the failure to do so in a timely fashion, except to the Union hall, shall not constitute a violation of Section 2115.25, “Failure to Answer or Appeal”.
(d) General Provisions
A grievance may be advanced to any step of the grievance procedure up to and including arbitration by mutual consent of the parties.
When a dispute arises from action taken above the operational unit level, the Union shall reduce the grievance to writing and submit it to the level of management where the dispute occurred. Said dispute must be brought to the attention of the responsible level of management within ten (10) workdays after the date the Union has gained knowledge that a dispute exists. A hearing to resolve said dispute will be scheduled within ten (10) workdays with a written decision required in ten (10) workdays following the hearing.
The Union has the authority to attempt settlement with the City at any step of the procedure and any settlement reached shall be binding upon all parties.