1995-022 Council Ordinances - Laserfiche WebLink

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calendar days shall be considered waived. 2. Step 2: A grievance unresolved in Step 1 and appealed to Step two shall be submitted in writing to the city administrator within fifteen (15) days. The city administrator will give an answer to Step 2 within fifteen (15) calendar days after receipt. The written response of the City Administrator shall constitute the City's final response to the employees grievance. 3. Step 3: If the grievance is not resolved in Step 2, and if the grievance relates to the interpretation of the City's Personnel Policy, the employee may appeal the grievance in writing to the City Council within fifteen (15) calendar days of receipt of the City Administrator's response in Step 2. Any grievance not appealed in writing to Step 3 by the employee within fifteen (15) calendar days shall be considered resolved. If appealed to the City Council, it may at its discretion, establish a date for hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within fifteen (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 employees grievance. 4. Step 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 fifteen (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 fifteen (15) calendar days following the City's Step 3 answer. 5. Step 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 fifteen (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 the an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services.