06-1646 Coastal FL Police Benevolent Assoc. Lieutenants Labor Agreement

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ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE 9.1 Bargaining unit employees will follow all written and verbal orders given by superiors even if such orders are alleged to be in conflict with the Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution ofthe Grievance. 9.2 A "grievance" is a claimed violation of this Agreement, including but not limited to the claim that a discharge or other disciplinary action violated a specific provision of this Agreement. No grievance will or need be entertained or processed unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or by the Union. In either case, the procedure to be followed will be the same. The grievant (whether it be the Union or an individual employee) and management may agree to waive Step 1 in any grievance. 9.3 Grievances will be processed in the following manner and strictly in accordance with the following stated time limits. STEP 1: An aggrieved employee or the Union shall present in writing the grievance to the Police Chief or his designee within ten (10) working days of the occurrence of the event(s) which gave rise to the grievance on the prescribed grievance forms which shall be standard forms used throughout the grievance procedure. The grievance shall be signed by the employee, or the Union representative, and shall state: (a) The date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and paragraphs of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Police Chief or his designee shall meet with the grievant within ten (10) working days, and, within ten (10) working days after the meeting, render his decision on the grievance in writing with copies to the grievant (if an individual employee), the Union, and the Personnel Director. If the Police Chief or his designee deems appropriate, he may meet with the grievant and the Union representative, where applicable, prior to issuing his decision. STEP 2: Any grievance which cannot be satisfactorily settled in Step 1 above shall then be taken up with the City Manager or his designee. The grievance as specified in writing in Step 1 above shall be filed with the City Manager within ten (10) working days after the due date for the Police Chiefs Response in Step 1 above. The City Manager or his designee shall meet with the grievant within ten (10) working days, and shall issue his decision in writing on the grievance within ten (10) working days after meeting. 9.4 If the grievant (whether it be the Union or an individual employee) is not satisfied with the City Manager's decision in Step 2 above, the grievant may request arbitration by hand delivery, bye-mail, by facsimile (with simultaneous mailing by regular mail) or by certified or registered mail of a written notice to the City Manager within ten (10) working days of receipt of the City Manager's written decision. Said written notice of arbitration shall include a written 11