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<br />9.11 It is agreed with respect to this grievance and arbitration procedure that: <br /> <br />A. It is the intent of the parties that a grievance must be raised at the earliest possible time. <br />Any grievance in order to be entertained and processed must be submitted in a timely manner by <br />the grievant (whether the grievant be the Union or an individual employee). <br /> <br />B. Grievances not submitted by the grievant in a timely manner shall be conclusively barred <br />on the merits following the expiration of the prescribed time limit. Such a time barred grievance <br />need not be entertained or processed, and only facts disputed as to timing will be the subject of <br />any arbitration resulting from the matter. A grievance which is for any reason not the subject of <br />a timely response by the City or by the Department shall require the grievant to proceed to the <br />next step. <br /> <br />9.12 Nothing in this Agreement shall prohibit the presence of a Union representative at all <br />steps provided in this procedure. <br /> <br />9.13 Neither the Union nor the City shall have any obligation to pay any legal or arbitration <br />fees and/or costs on behalf of any bargaining unit employee who advances a grievance on hislher <br />own. Such fees and/or costs shall be borne by the individual. <br /> <br />9.14 The Grievance and Arbitration procedure set forth herein shall be the sole and exclusive <br />procedure available to bargaining unit employees to contest any alleged violation of this <br />Agreement, including, but not limited to, any claim involving a discharge or other disciplinary <br />action. The parties hereby agree that the City's grievance and/or appeals procedures shall not be <br />applicable or available to the employees covered by this Agreement, except as specifically <br />provided for in this Agreement. <br /> <br />9.15 Neither probationary Lieutenants on their own, nor the Union on their behalf, shall have <br />the right to file a grievance or arbitrate any performance review or disciplinary action. <br /> <br />9.16 Disciplinary action below the level of suspension shall not be subject to arbitration. <br /> <br />9.17 For purposes of this Article, working days shall be defined as Monday through Friday, <br />excluding City-recognized holidays. <br /> <br />9.18 The time limits contained in this Article may be extended by mutual agreement of the <br />parties. <br /> <br />13 <br />