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.:,.. . tfidk.. . . . ..„„ ._. ,. ' <br />e <br />his designee, wllo sliall indicate the date and time of receipt of the grievance, and affix his <br />signature to the grievance form. That Shifi Lieutenant shall respond in writing to the gievant <br />within five (5) working days ol'receipt of the grievance. <br />Step 2. A grievance unresolved at Step l may be submitted by the grievai7t to tlle Chief of <br />Police, or llis designee, within five (5) worl:ing days from receipt of the Step 1 answer. It shall be <br />the respoizsibility of the Chief of Police, or his designee, to investigate the matter, hold sucli <br />hearings as necessary, and to provide a written response to the grievant within ihe ten (10) <br />working days of receipt of the grievance. The grievant may, at his option, be represented by a <br />representative of the FOP at any hearing or hearings held at this level. <br />Step 3. A grievance unresolved at Step 1 may be submitted by the grievani to the Salety <br />Director, or his designee, witlun five (5) working days of receipt of the Step 2 answer. The <br />Safety Director, ar his designee, may meet with the grievant and a representative of the FOP if <br />the employee desires, within seven (7) calendar days of submission of the grievance to Step 3, to <br />discuss the grievance. The Safety Director, or his designee, shall provide a written response to <br />the grievant within five (5) calendar days of such meeting. Grievances unresolved at Step 3 may <br />be submitted to arbitration upon request of the FOP in accordance with the provisions of Section <br />16.06 of the Article. <br />16.06 The FOP, based upon the facts presented, has the right to decide whether to arbitrate a <br />grievance. Within thirty (30) calendar days from the date of the final answer on a grievance fi-om <br />Step 3, the FOP shall notify the Employer, in writing, of its intent to seek arbitration of an <br />uiu•esolved grievance. <br />The Employer's representative shall notify the FOP of airy questions of arbitrability, anci <br />of its intent to raise the question at the arbitration hearing. <br />After receipt of a request to arbitrate, a representative of each parties (FOP and <br />Employer) shall attempt to agree on an arbitrator. Should the representatives fail to agree on an <br />arbitrator, the arbitrator shall be selected from the panel of arbitrators herein contained by the <br />parties who shall alternately strike the names of the arbitrators until only one name remains. The <br />arbitrators selected to hear arbitrations pursuant to this procedure are: 1) Jaines Mancini; 2) <br />Jonathan Kleui; and, 3) Robert Stein. The arbitrator shall liinit his decisions strictly to the <br />interpretation, application, or enforcement of the specific articles and sections of this agreeinent, <br />and shall be without power or authority to make aily decisions: <br />Contrary to or inconsisteili with or modifying or varying in any way the terms of <br />this agreement ar applicable laws: <br />2. Contraiy to, inconsistent with, changing, altering, limiting, or modifying any <br />practice, policy, rules or regulations, established by the Einployer so long as sucli <br />practice, policy, or regulations do not conflict with this agreement. <br />The arbitrator shall be without authority to recommend any right or relief on an alleged <br />gi•ievance occurriiIg at any time other than the conti°act period in which such i-ight originated or <br />I1