2022-67 - 2023-25 AFSCME Administrative CBA

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to meet its time limits shall result in the grievance advancing to the next step. 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 appropriate Directors. 10.06 There shall be a grievance committee consisting of the Chapter Chairperson, Chief Steward, Chapter Secretary and applicable steward, and any other person mutually agreed upon. 10.07 Any grievance which has been appealed to arbitration may be referred to grievance mediation by either party. The parties shall attempt to use a commissioner provided by the Federal Mediation and Conciliation Service (FMCS) for the purpose of serving as a mediator in any dispute. If such commissioner is not readily available, the parties may select another mediator by either mutual agreement or through a list provided by FMCS pursuant to that organization's rules of conciliation. The cost for any mediation shall be shared equally by the parties. 10.08 Mediation efforts shall be informal in nature. The mediator may employ all the techniques commonly associated with mediation, including private caucuses with the parties. No verbatim record of the proceeding shall be taken. Formal rules of evidence will not apply and there will be no procedural constraint regarding the review of facts or arguments. Written materials presented to the mediator will be returned to the party at the conclusion of the conference. 10.09 If the grievance remains unresolved at the end of the mediation session, the mediator may provide an oral (or, if the parties prefer, a written) advisory opinion as to how the grievance is likely to be decided if it is presented at arbitration. This opinion is non -binding and inadmissible in any subsequent arbitration proceeding. Nothing said or done by the mediator and no settlement offer made by a party may be referenced or introduced into evidence at an arbitration of this grievance. ARTICLE 11 PROBATIONARY PERIOD 11.01 New full-time employees shall be considered to be on probation for a period of ninety (90) calendar days and during such probationary period, the City shall have sole discretion to discipline or discharge such employees, and such actions during this period cannot be reviewed through the grievance procedure. 11.02 If an employee is discharged or quits while on probation and is later rehired, the employee shall be considered a new employee and subject to provisions of Section I of this Article. 11.03 Any City employee who works in a classification outside this bargaining unit shall be considered a new employee when transferred to this bargaining unit, except those who are currently members of an AFSCME bargaining unit. Any new employee in this bargaining unit who has had previous employment with the City of Lakewood shall retain all credits due towards longevity, vacation and sick leave accumulation.