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55 <br />ARTICLE XVII <br /> <br />17.0 GRIEVANCE REVIEW PROCEDURE <br /> <br />17.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an <br />employee, a group of employees or the Association concerning the interpretation or <br />application of specific provisions of this MOU. <br /> <br />17.2 Step 1. <br /> <br />A. An employee or the Association must first attempt to resolve the grievance at Step <br />1 with the Executive Director of Human Resources or designee without undue <br />delay, but in no case, beyond a period of ten (10) calendar days after the occurrence <br />of the alleged incident giving rise to the grievance, or when the grievant knew or <br />should have reasonably become aware of the facts giving rise to the grievance. The <br />parties can mutually agree to extend any deadlines in this section. <br /> <br />B. The Executive Director of Human Resources or designee will respond to the <br />grievance within fourteen (14) calendar days of receiving the grievance. <br /> <br />C. Every effort shall be made to find an acceptable solution to the grievance at Step <br />1. <br /> <br />D. If the grievant is not satisfied with the response from the Executive Director of <br />Human Resources or designee, the grievant, within ten (10) calendar days of <br />receiving the response must submit the grievance in writing to Step 2 (advisory <br />arbitration) by emailing the Executive Director of Human Resources or designee. <br />Should the grievant fail to file a written grievance at Step 2, within ten (10) calendar <br />days after receiving the response at Step 1, the grievance shall be barred and <br />waived. <br /> <br />17.3 Step 2. <br /> <br />A. A representative of the City shall contact the grievant within ten (10) calendar days <br />of receipt of the Step 2 grievance to determine whether the parties can agree on an <br />arbitrator to hear it. If the parties cannot reach agreement on an arbitrator, the <br />Executive Director of Human Resources or designee will send a letter to the State <br />Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once <br />the list is received, the representatives of the parties shall strike names until an <br />arbitrator is chosen. The parties shall toss a coin to determine who shall strike the <br />first name. Once the arbitrator is selected, the parties will contact the arbitrator to <br />schedule a hearing. <br /> <br />B. Hearing Process: During the hearing, the formal rules of evidence do not apply. <br />The cost of the list of arbitrators, the arbitrator themselves, and the court reporter <br />shall be split evenly (50% and 50%) between the City and the Association. Once <br />the arbitrator issues their advisory recommendation, the Executive Director of