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SECTION 9 GRIEVANCE POLICY <br />SUBD. 1. It is the policy of the City insofar as possible to prevent the <br />occurence of grievances and to deal promptly with those which occur. <br />When any employee's grievance comes to the attention of a supervisory employee, <br />the supervisor shall discuss all relevant circumstances with the employee, <br />and his/her representative, if he/she so desires, consider and examine the <br />causes of the grievance, and attempt to resolve it to the extent that he/she <br />has the authority to do so. If the grievance is not dealt with satisfactorily <br />at that level, the grievance may be carried up to the City Administrator, <br />who at that time would make the City's final determination. <br />SUBD. 2. A grievance unresolved with the City Administrator and appealed <br />by the aggrieved employee shall be submitted to arbitration subject to the <br />provisions of the Public Employment Labor Relations Act of 1971, as <br />amended. The selection of an arbitrator shall be made in accordance with <br />" Rules Governing the Arbitration of Grievances ", as established by the <br />Public Employment Relations Board. <br />SUBD. 3. The arbitrator shall have no right to amend, modify, nullify, <br />ignore, add to, or subtract from the terms and conditions of this Personnel <br />Policy. The arbitrator shall consider and decide only the specific issue(s) <br />submitted in writing by the City abd the aggrieved employee, and shall have <br />no authority to make a decision on any other issue not so submitted. <br />SUBD. 4. The arbitrator shall be without power to make decisions contrary <br />to, or inconsistent with, or modifying or varying in any way the application <br />of laws, rules, or regulations having the force and effect of law. The <br />arbitrator's decision shall be submitted in writing within (30) days <br />following close of the hearing or the submission of briefs by the parties, <br />whichever be later, unless the parties agree to an extension. The decision <br />shall be binding on both the City and the aggrieved employee and shall be <br />based solely on the arbitrator's interpretation or application of the express <br />terms of this Policy and to the facts of the grievance presented. <br />SUBD. 5. The fees and expenses for the arbitrator's services and preceedings <br />shall be borne equally by the City and the aggrieved employee. <br />