05/07/2012 Council Packet - Laserfiche WebLink

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hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within 15 calendar days of receipt of the written grievance. The written response of the City Council shall constitute the city's final response to the employee's grievance. 4. Employees considered essential employees as defined by FLSA guidelines, not already covered by a collective bargaining agreement are entitled to appeal a grievance, not resolved in Step 3, to the Minnesota Bureau of Mediation Service. The employee has 15 days following receipt of the city's Step 3 answer to submit for mediation. The city will discuss and respond in writing to the Step 3 grievance at the mediation session scheduled by the Bureau of Mediation Services. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within 15 calendar days following the city's Step 3 answer. 5. A grievance unresolved in Step 4 and appealed to Step 5 by the employee shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The employee shall notify the city of its intention to arbitrate the grievance within 15 calendar days following the city's final Step 4 answer. If the parties are unable to agree on the selection of an arbitrator, the employee shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this policy. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the city and the employee, and shall have no authority to make decisions on any other issue not so submitted. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the city and the employee. 10