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20.03 The Association may select up to two (2) employees to attend the hearing (including officers and
<br />witnesses) who shall not lose any regular straight time pay for the time off the job while attending any
<br />arbitration proceeding.
<br />20.04 In the event a grievance goes to arbitration, the arbitrator shall have jurisdiction only over disputes
<br />arising out of grievances and, in reaching a decision, the arbitrator shall have no authority to add to or
<br />subtract from or modify, in any way, the provisions of this Agreement.
<br />20.05 The grievance procedure set forth herein shall be the exclusive method of reviewing and settling
<br />disputes between the City and the Association, and/or between the City and employee(s).
<br />All decisions of arbitrators and all pre -arbitration grievance settlements reached by the Association and the
<br />City shall be final, conclusive and binding on the City, the Association and the members. A grievance may
<br />be withdrawn by the Association at any time during Step I, II, or III of the grievance procedure, and the
<br />withdrawal of any grievance shall not be prejudicial to the positions taken by the parties as they related to
<br />that grievance or any other grievance.
<br />20.06 Time limits set forth in a grievance procedure shall, unless extended by mutual written agreement of
<br />the City and the Association, be binding on both parties. In the event the Union fails to file initially or
<br />appeal a grievance to the next step within the time limits provided, such grievance shall be deemed null and
<br />void. In the event the City fails to answer the grievance within the time limits provided, the grievance shall
<br />automatically be moved to the next step. Working days, as provided in the grievance procedure, shall not
<br />include Saturdays, Sundays or holidays. It is understood that there shall be written acknowledgement noting
<br />the time and date the Association and the City have received the grievance in each respective step during
<br />the grievance procedure. All withdrawals of grievances by the Association shall be in writing with a copy
<br />being sent to the Chief, Division of Fire, and the Director of Human Resources.
<br />ARTICLE 21 MANAGEMENT RIGHTS
<br />21.01 Except as specified otherwise in this Agreement, the City has the right and responsibility to: Deter-
<br />mine matters of inherent managerial rights, which include, but are not limited to, areas of discretion or
<br />policy, such as the functions and programs of the City, standards or services, its overall budget, utilization
<br />of technology and organizational structure; direct, supervise, evaluate and hire employees; maintain and
<br />improve the efficiency and effectiveness of the City's operations, including the right to reorganize, discon-
<br />tinue, or enlarge any work; manage the operations and determine the overall methods, process, means or
<br />personnel by which the City's operations are to be conducted; suspend, discipline, or discharge for just
<br />cause, or layoff, transfer (including the assignment and allocation of work) within the division; assign,
<br />schedule, promote or retain employees; determine the adequacy of and direct the work force; determine the
<br />overall mission of the City as a unit of government; effectively manage and direct the work force and actions
<br />to carry out the mission of the City as a governmental unit; control the premises and facilities and determine
<br />the number and location of facilities; promulgate and enforce reasonable employment rules and regulations;
<br />introduce new and/or improved equipment, methods and/or facilities; determine the size, duties and work
<br />methods of the work force; determine the number of shifts required to work schedules; establish, modify,
<br />consolidate or abolish jobs (or classifications); determine the manner in which the work is to be processed;
<br />and determine staffing patterns, including, but not limited to, assignment of employees, numbers employed,
<br />duties to be performed, qualifications required and areas worked.
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