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B. In the event an employee is reduced, suspended and/or <br /> discharged, and upon appeal the City Manager, Personnel Board or a court <br /> of competent jurisdiction does not sustain such reduction, suspension, <br /> and/or discharge, the employee shall be entitled to his base rate or <br /> salary including all additives, vacation, and sick leave as if such <br /> unsustained reduction, suspension, or discharge had not been invoiced. <br /> However, in no event shall an employee be entitled to any salary or <br /> credit for vacation and sick leave for any period of time covered by a <br /> suspension sustained on appeal or for any period of time waived by the <br /> employee as a condition to the granting of a continuance of any hearing <br /> on appeal. <br /> C. If during an absence for which an employee is paid <br /> pursuant to this Section, he earned any money which he would not have <br /> earned had he continued to perform the duties of his position, such sum <br /> shall be deducted from the salary otherwise payable to him pursuant to <br /> this Section. <br /> ARTICLE XVIII - GRIEVANCE REVIEW PROCEDURE <br /> Section 1. Definition of Grievance. A grievance shall be defined <br /> as a timely complaint by an employee or group of employees or the <br /> Association concerning the interpretation or application of specific <br /> provisions of this Agreement, or of the rules and regulations governing <br /> personnel practices or working conditions of the City; except, however, <br /> those matters specifically assigned to the jurisdiction of the City <br /> Personnel Board by provision of the City Charter and the Civil Service <br /> Rules and Regulations. <br /> No employee shall suffer any reprisal because of filing or <br /> processing of a grievance or participating in the Grievance Review <br /> Procedure. <br /> Section 2. Informal Process. <br /> A. An employee must first attempt to resolve the grievance <br /> on an informal basis through discussion with his or her immediate <br /> supervisor without undue delay, but in no case, beyond a period of five <br /> (5) working days after the occurrence of the alleged incident giving rise <br /> to the grievance, or when the grievant knew or should have reasonably <br /> become aware of the facts giving rise to the grievance. <br /> B. The supervisor will respond to the grievance within five <br /> (5) working days of receiving the grievance. <br /> C. If the grievance is not resolved at the immediate <br /> supervisor level, the employee within five (5) working days of the <br /> supervisor's response will attempt to resolve the grievance on an <br /> informal basis through discussion with his or her Section Commander. The <br /> Section Commander will respond to the grievance within three (3) working <br /> days of receiving the employee grievance. <br /> -31- <br />