2022-66 - 2023-25 AFSCME Public Works CBA

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Provided that before a matter is declared to beat an impasse, either party may refer the grievance to the Mayor. The Mayor shall have ten (10) working days to render a decision after reviewing the facts and, if necessary, after hearing oral presentation. The Union may, after receiving the Mayor's decision, refer the grievance to Step IV of the contractual grievance/arbitration procedure. Policy grievances may be submitted directly to Step III of the Grievance Procedure. Step IV. If the grievance is not satisfactorily settled at Step III, the Union shall give, within three (3) months after receipt of the Step III answer, the City written notice of its intent to appeal the grievance to arbitration. The City and the Union shall meet to select an arbitrator from the following panel of arbitrators: Nels Nelson, James Mancini, Harry Graham, David Pincus and Robert Stein. Should the previous panel fall below five arbitrators, the City and Union shall request additional names through the Federal Mediation and Conciliation Service (FMCS) to fill any vacancies. The fees and expenses of the arbitrators shall be borne equally by the parties. Arbitration hearings shall be held in the City of Lakewood, on City property. The Union may select up to five (5) members to attend the hearing (including officers and witnesses) who shall not lose any regular straight time pay for the time off the job while attending any arbitration procedure. The City and Union may mutually agree to mediation before automatically moving to arbitration. 10.03 In the event a grievance goes to arbitration, the arbitrator shall have jurisdiction only over disputes arising out of grievances, and in reaching the arbitrator's decision, the arbitrator shall have no authority to add to or subtract from or modify in any way the provisions of this Agreement. 10.04 The grievance procedure set forth herein shall be the exclusive method of reviewing and settling disputes between the City and the Union and/or between the City and employee(s). All hearings shall start at a mutually agreeable time. The Union may make non -substantive amendments to the grievance at Steps I, II and III. All decisions of arbitrators and all pre -arbitration grievance settlements reached by the Union and the City shall be final, conclusive and binding on the City, the Union and employee(s). A grievance may be withdrawn by the Union at any time during Steps I, II, III or IV of the grievance procedure, and the withdrawal of any grievance shall not be prejudicial to the positions taken by the parties as they relate to that or any other grievance. The grievant may be present and participate at each step of the grievance procedure. 10.05 Time limits set forth in a grievance procedure shall, unless extended by mutual written/email agreement of the City and the Union, be binding on both parties and either party's failure to meet its time limits shall result in a decision for the other party. Working days, as provided in the grievance procedure, shall not include Saturdays, Sundays or holidays. It is understood that there shall be written acknowledgment noting the time and date the Union and the City have received the grievance in each respective step during the grievance procedure. All withdrawals of grievances by the Union shall be in writing with a copy being sent to the Director of Public Works. 10.06 There shall be a grievance committee consisting of the Union President, Vice President, Chief Steward, Secretary and Division Steward, and any other person mutually agreed upon. � � 11