A grievance hereby is defined to be any controversy, complaint, misunderstanding or dispute arising from the interpretation, application or observance of any of the provisions herein or any supplement hereto. If the Union or an employee has a grievance, complaint or dispute, it shall be handled in the following manner.
For the purpose of this section, the term "days" is defined as Monday through Friday, weekends and holidays excluded.
When an employee has a grievance, he/she shall notify the Grievance Representative of the Union within seven (7) days of the occurrence or knowledge thereof. The grievance shall be in writing on a mutually agreed upon grievance form and must contain the date of the occurrence, who was involved and the section of the contract violated, if applicable, along with as much information as possible as to the grievance. The grievance representative shall submit the grievance to the step above that at which the grievance occurred, except when the grievance arises from actions at the directors' level or above, then the grievance will be submitted at Step Two.
STEP ONE: The grievance shall be submitted to the Fire Chief or his designee who shall attempt to settle the grievance within seven (7) days. The written answer of the Chief or his designee shall answer the specific allegations raised in the grievance and add whatever information he feels is pertinent to the grievance. If the answer of the Chief or his designated representative is not satisfactory, then the employee/Union shall have seven (7) days to decide if he/she wishes to take this grievance to the next step.
STEP TWO: If the grievance is appealed to Step Two, the Union shall submit the grievance, in writing, to the Directors of Public Safety who shall attempt to settle the dispute and provide a written answer within seven (7) days. In complex cases the Association President may request to meet with the Safety Director or his designee to explain the grievance when it is submitted. If a meeting is agreed upon, the time frame for responding shall be extended to seven days after the meeting.
STEP THREE: If the answer of the Directors of Public Safety is not satisfactory, then the Union Executive Board may call for binding arbitration. The name of the arbitrator will be selected from a panel requested from either the Federal Mediation and Conciliation Service (FMCS), American Arbitration Association (AAA) or the Labor Management-Citizens Committee, whichever service is mutually agreed upon. If the parties cannot agree upon a service, then FMCS will be used. Within seven (7) work days after selection of the service, either the City or the Union shall request a panel of seven (7) names from the appropriate service. Upon receipt of the panel, both parties shall meet within seven (7) working days to select the arbitrator using the alternative strikeoff method.
The hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit a full presentation of the evidence and arguments of the parties. The cost of any stenographic record of the proceedings shall be paid by the party requesting such record. If there is no stenographic record, then the Arbitrator shall make an appropriate record of the proceedings. Normally, the hearing shall be completed in one (1) day. In unusual circumstances and for good cause shown, the Arbitrator may extend the hearing, within five (5) work days. There may be post hearing briefs at the request of either party.
The Arbitrator may proceed in the absence of any party who, after due notice, fails to be present. An award shall not be made solely on the default of a party. The Arbitrator shall require the attending party to submit supporting evidence. The Arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered. When both sides have completed their presentations, the Arbitrator shall ask whether either party has any further evidence to offer or witness to be heard. Upon receiving negative replies, the Arbitrator shall declare and note the hearing closed.
The award shall be rendered promptly by the Arbitrator and, unless otherwise agreed by the parties, not later than thirty (30) calendar days from the date of the hearing or the date on which the briefs are submitted, whichever is later. The awards shall be in writing and shall be signed by the Arbitrator.
The expenses of non-City employee witnesses for either side shall be paid by the party producing such witnesses. City employees called as witnesses shall be paid if called during normal working hours.
The Arbitrator shall interpret and apply these rules insofar as they relate to the Arbitrator's powers and duties. The decision rendered by the Arbitrator shall not be precedent setting, but will be final and binding on the specific issue involved. Cost of the Arbitrator shall be borne by the loser.
Issues that were resolved as a result of grievances filed prior to the date of this agreement may be raised as an indication that a prior history exists (past practice) on grievances filed on similar matters during the term of this agreement.
Delivery of grievances and grievance answers shall be at the secure location provided at department headquarters or by fax, to be followed up by written acknowledgment of receipt.
All resolutions of grievances shall be in writing, signed by both parties; the City shall forward these agreements to all parties necessary to implement the award.
The foregoing timelines may be shortened by mutual agreement of the parties.
Complaint Procedure
A complaint procedure is hereby established to resolve all matters that are not a direct violation of a specific section of this agreement. These complaints shall be forwarded to the Chief, in writing, for his initial resolution, using the grievance procedure as an outline as to procedure.
If the complaints cannot be resolved with the Chief, they will be presented to a mutually selected Umpire, whose decision shall be binding on the parties.
The decision of the Umpire shall not be then subject to the grievance procedure section 2125.15.
The parties will establish with the Umpire the procedures for filing, hearing and processing the complaints.
Additionally, if a question arises under 2125.15 as to whether a prior grievance is a past practice or not, the Umpire will resolve this matter prior to a formal grievance being presented.
If the mutually agreed upon Umpire is to be replaced and the parties cannot mutually agree on a successor Umpire, then the current Umpire shall name his/her own successor.