8.7 LELS Union Agreements - Laserfiche WebLink

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the Agreement alleged to have been violated, and the relief requested. No grievance shall be heard which has been filed later than ten (10) calendar days after the first occurrence of the event giving rise to the grievance. The Officer and/or Union Steward, with or without the employee, shall present such first step grievance to the Chief. The Chief shall attempt to resolve the matter in an equitable manner and shall respond to the employee and/or Union Steward within ten (10) calendar days after such presentation. STEP 2: If the grievance is not satisfactorily resolved.in Step 1 and the Union wishes to appeal the grievance to Step 2 of the grievance procedure, it shall.be referred, in writing, by the Union to the City Administrator within ten (10) calendar days upon of receipt of the Chief's response in Step 1. The Union's Business Agent and/or designee shall present the grievance to the City Administrator or designee. The City Administrator or designee shall respond to the Union Business Agent and employee within ten (10) calendar days. No grievance appeal shall be heard when it has been filed later than ten (10) calendar days after the Step 1 response, and the employee waives their right to appeal. STEP 3: If the grievance is not satisfactorily resolved in Step 2 and the Union wishes to appeal the grievance to Step 3, it shall be referred in writing by the Union to the City Administrator or designee within ten (10) calendar days upon receipt of the response in Step 2. Prior to requesting arbitration, the Union and Employer may agree to request mediation of the grievance by the Bureau of Mediation Services. Such request must be made within ten (10) calendar days following the decision In Step 2. In the event the parties mutually agree to mediation, the time limit for requesting arbitration pursuant to Step 4 shall commence as of the date of conclusion of the mediation. STEP 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration by the Union submitting the notice of request for arbitration to the Employer within fourteen (14) calendar days after the response in Step 3. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute 626.892. For all other grievances the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 5.5 Arbitrator's Authority: A. The arbitrator shall have no right to amend, modify, nullify, ignore, or add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall not have jurisdiction over any grievance which has net been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 5