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ARTICLE XVII <br /> 17.0 GRIEVANCE REVIEW PROCEDURE <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, or of the rules and regulations governing <br /> personnel practices or working conditions of the City; except, however, those matters <br /> specifically assigned to the jurisdiction of the City Personnel Board by provisions of the <br /> City Charter and the Civil Service Rules and Regulations. <br /> No employee shall suffer any reprisal for filing or processing a grievance or participating <br /> in the Grievance Review Procedure. <br /> 17.2 Step 1. <br /> A. An employee or the Association must first attempt to resolve the grievance at Step <br /> 1 with the Executive Director of Eluman 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 /> 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 /> C. Every effort shall be made to find an acceptable solution to the grievance at Step <br /> 1. <br /> D. If the grievant is not satisfied with the response from the Executive Director of <br /> IIuman 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 /> 17.3 Step 2. <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 /> 60 <br />