CC PACKET 11262024 - Laserfiche WebLink

Home Browse Search

16 in writing by the employee within ten (10) calendar days shall be considered waived. STEP 3. The written grievance shall be presented personally to the EMPLOYER- designated representative (City Manager). The EMPLOYER-designated representative shall give the EMPLOYER'S answer within ten (10) calendar days after receipt of such Step 3 grievance. If a grievance is not resolved in Step 3, such grievance shall be referred to Step 4 within ten (10) calendar days following the EMPLOYER-designated representa- tive's final Step 3 answer. Any grievance not referred in writing by the employee within ten (10) days shall be considered waived. STEP 3A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves the timelines for Step 4 of the grievance procedure. STEP 4. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute 626.892. For all other grievances 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. Unresolved grievances are subject to the arbitration provisions of Minnesota Statutes, Section 179A.21. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application for laws, rules or regulations having the force and effect of the law. The arbitrator shall submit his decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later unless the parties agree to an extension. The decision shall be based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT on the facts of the grievance presented. All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). The time limits established in this Article may be extended or modified by mutual consent of the EMPLOYER and the UNION and shall be in writing. Employees shall be allowed reasonable time to process grievances during working hours without loss of pay. ARTICLE 23: RIGHT OF SUB-CONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from sub-contracting work performed by employees covered by this AGREEMENT.