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Step II. If the grievance is unsatisfactorily settled in Step I, the Union may appeal the <br />grievance, in writing, within five (5) working days after receipt of the Step I answer to the <br />Department Director. The Director, together with the Division Head and other appropriate <br />supervisory personnel, shall meet with the steward, Chief Steward and Chapter Chairperson within <br />three (3) working days after the grievance has been filed in an attempt to adjust the grievance. It <br />is understood that the parties shall attempt to resolve the grievance at this step of the grievance <br />procedure (through the process of negotiated settlements of each grievance). Each party shall be <br />permitted time to caucus in order to settle grievances (at this step). While it is desirable to have <br />each grievance settled or answered in an informal manner at the meeting, nevertheless, settlement <br />agreements shall be put in writing and signed by the parties no later than five (5) working days <br />after the Step II meeting. Likewise, unresolved grievances shall be answered, in writing, by the <br />Director no later than five (5) working days after the Step II meeting, and shall be sent to the Union <br />President, grievant, Ohio Council 8 representative and stewards. <br />Step III. If the grievance is not settled in Step II, the Union may submit the grievance to <br />the Human Resources Director no later than five (5) working days after the Step II answer is <br />received. The Mayor and/or designee (Human Resources Director or Law Director), the Director <br />and other appropriate personnel shall convene a meeting with the Union grievance committee <br />together with a representative from Ohio Council 8. Such meeting shall be held at a mutually <br />convenient time, but not later than ten (10) working days after the appeal of the Step II answer. <br />Suspensions which are appealed through the grievance procedure shall be submitted directly to <br />Step II. Terminations which are appealed through the grievance procedure shall be submitted <br />directly to Step III. <br />While it is desirable to have each grievance settled or answered in an informal manner at <br />the meeting, settlement agreements shall be put in writing and signed by the parties no later than <br />seven (7) working days after the Step III meeting. Likewise, unresolved grievances shall be <br />answered, in writing, no later than seven (7) working days after the Step III meeting, and shall be <br />sent to the Chapter Chairperson with a copy to the Ohio Council 8 representative and the grievant. <br />Provided that before a matter is declared to be at an impasse, either party may refer the <br />grievance to the Mayor. The Mayor shall have seven (7) days to render a decision after reviewing <br />the facts and, if necessary, after hearing oral presentation. The Union may, after receiving the <br />Mayor's decision, refer the grievance to Step IV of the contractual grievance/arbitration procedure. <br />Policy grievances may be submitted directly to Step III of the Grievance Procedure. <br />Step IV. If the grievance is not satisfactorily settled at Step III, the Union shall give, within <br />three (3) months after receipt of the Step III answer, the City written notice of its intent to appeal <br />the grievance to arbitration. The City and the Union shall meet to select an arbitrator from the <br />following panel of arbitrators: Nels Nelson, James Mancini, Harry Graham, David Pincus and <br />Robert Stein. The fees and expenses of the arbitrators shall be borne equally by the parties. <br />Arbitration hearings shall be held in the City of Lakewood, on City property. The Union may <br />select up to five (5) members to attend the hearing (including officers and witnesses) who shall <br />not lose any regular straight time pay for the time off the job while attending any arbitration <br />procedure. <br />VJ <br />