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<br />ARTICLE 5 <br /> <br />GRIEVANCE PROCEDURE <br /> <br />5.1. All grievances shall be filed on a form mutually approved by the parties. All grievances <br />shall state the specific provision or provisions of the agreement alleged by the employee to have <br />been violated and shall set forth the specific facts constituting the alleged violation and shall set <br />forth the relief requested by the employee. All grievances shall be submitted within ten (10) days <br />after notification of the occurrence of an event giving rise to the grievance. A grievance not <br />appealed to the next step within the time limits established by this contract shall be considered <br />settled on the basis of the last answer provided by management. A grievance not answered within <br />the time limits described shall cause the grievance to automatically advance to the next step. The <br />time limit set forth herein may be extended by written agreement of the contracting parties. <br />Consent by the Union shall be by the designated Union official. <br /> <br />5.2. In the presentation of a grievance, the employee and the City may call witnesses in <br />support of their respective positions. Employee witnesses who would ordinarily be on duty at the <br />time of the hearing shall be released to attend the hearing without pay, and subject to the <br />employer's reasonable need for that employee to remain on duty. Grievance hearings shall be <br />scheduled so as to disrupt the City's work needs as little as possible. <br /> <br />Step One: <br /> <br />The employee shall file the grievance in writing within ten (10) business days (Monday through <br />Friday) after notification of the event giving rise to the grievance with the Fire Chief on the <br />approved form. The Fire Chief shall meet with the employee and the employee's representative <br />and communicate the Chiefs decision with respect to the grievance within ten (10) business days <br />of the date of the filing of the grievance. The decision shall be rendered in writing and shall state <br />basis. <br /> <br />Step Two: <br /> <br />Ifthe grievance is not resolved to the employee's satisfaction, the grievance may, at the <br />employee's election, be submitted to the City Manager within ten (10) business days of the <br />receipt of the step one decision. The City Manager, or his designee, shall meet with the <br />employee and the employee's representative and render a written decision with respect to the <br />grievance within ten (10) business days of the date of receipt of the grievance. The City <br />Manager's, or his designee's, decision shall be rendered in writing and shall set forth the basis for <br />the decision. <br /> <br />5.3. Ifthe employee is not satisfied with the decision of the City Manager, the employee may <br />submit the grievance as presented at Step One to arbitration in accordance with Article 7 ofthis <br />Agreement. An employee may not utilize the City's Civil Service appeal procedures for any <br /> <br />-6- <br />