Section A

A grievance is any alleged violation or any misapplication or misinterpretation of this Agreement or any other written negotiated agreement between the parties or any violation, misapplication or misinterpretation of personnel rules and/or regulations that affect terms and conditions of employment.

Section B

1. This procedure is designed to enable the parties to settle grievances at the lowest possible level.

2. Categories of Grievances:

a. Personal - A grievance of a personal nature may be brought by the employee or the Union. In the case of an individual grievant proceeding without Union representation, the Union must be given the opportunity to present and offer its view at any meeting held to adjust the grievance. Where an employee is initially represented by a representative other than the Union representative and later desires Union representation in the same grievance, the acceptance shall be at the sole option of the Union.

b. Group - A grievance involving a number of employees in the unit may be filed at the lowest step of the grievance procedure where resolution is possible.

c. Class - A grievance involving all the employees in the bargaining unit may be filed and signed by the Union President directly at Step 3 of the grievance procedure. Grievances so filed will be processed only if the issue raised is common to all unit employees. A Class grievance must contain all information specified in Section B (3) (B), Step 2 of the grievance procedure and the Fire Chief or his designee shall respond in writing within fifteen (15) working days of its receipt.

3. Procedural Steps

a. Step 1. The aggrieved employee and/or the Union representative shall orally present and discuss the grievance with the employee’s shift supervisor or shop foreman whichever is applicable, within ten (10) working days of the Union’s or employee’s knowledge of occurrence of the event giving rise to the grievance. The supervisor is to make a decision on the grievance and orally communicate this decision to the employee or the Union representative within five (5) working days from the presentation of the grievance.

b. Step 2. If the grievance remains unsettled the employee or the Union representative shall submit the written grievance to the Director, EAB or Deputy Chief, Apparatus or Deputy Administrator for Administration whichever applicable, within ten (10) working days following the supervisor’s oral response in Step 1. This specific Step 2 grievance shall be the sole and exclusive basis for all subsequent steps except as provided in Section B of Article 30, Discipline. The grievance at this and every further step shall contain:

1. The date of the filing.

2. The name of the Grievant.

3. The date(s) on which the alleged violation occurred.

4. A statement of the specific provision(s) of the Agreement alleged to be violated.

5. The manner in which the alleged violation occurred.

6. The action requested and remedy sought.

7. The name of the steward or Union officer filing grievance.

Should the grievance not contain the required information, the grievant shall be so notified and granted ten (10) working days from receipt of notification to resubmit the grievance. Failure to resubmit the grievance as required within the ten (10) working day period shall void the grievance.

The appropriate supervisor shall respond to the employee or the Union representative by writing to the grievant within ten (10) working days of its receipt

c. Step 3. If the grievance remains unsettled the employee or the Union shall submit the written grievance to the Fire Chief within ten (10) working days following the response of the appropriate superior in Step 2. The Fire Chief or his designee and those he may further name shall meet with the grievant and/or the Union representative or other representative in an attempt to settle the grievance within ten (10) working days of submission to the Fire Chief. The Fire Chief shall respond in writing within ten (10) working days of said meeting.

d. Step 4. If the grievance remains unsettled the Union, within ten (10) working days from receipt of the Fire Chief’s response, shall advise the Fire Chief in writing whether the Union intends to request arbitration on behalf of the employee or employees on the matter. Should the Union request arbitration, such request shall include a statement setting forth the precise issue to be decided by the arbitrator and the specific provision(s) of the Agreement alleged to be violated.

4. Arbitration

1. Selection of an Arbitrator - Within ten (10) working days from the Fire Chief’s receipt of the request to arbitrate, a request shall be made to the American Arbitration Association (AAA) or to the Federal Mediation and Conciliation Service (FMCS) to refer a panel of seven (7) impartial arbitrators. Upon receipt of the AAA or FMCS panel the parties will select one (1) of the names on the panel as mutually agreeable or if there is no mutually agreeable arbitrator, each party alternatively strikes a name from the submitted panel until one (1) remains. The Union strikes first, third and fifth, the Fire Chief or his designee second, fourth and sixth. If, before the selection process begins, none of the submitted arbitrators are acceptable, a new panel may be sought.
   
   
2. The arbitrator shall hear and decide only one (1) grievance in each case, unless the parties agree otherwise. In the event the Department asserts non-arbitrability, the issue of non-arbitrability and the merits of the case shall be heard by a single arbitrator.
   
   
3. The arbitration hearing shall be informal and the rules of evidence shall not strictly apply.
   
   
4. The hearing shall not be open to the public or persons not immediately involved.
   
   
5. Witnesses shall be sequestered upon the request of either party.
   
   
6. The arbitrator’s award shall be in writing and shall set forth the arbitrator’s findings, reasoning, and conclusions within thirty (30) calendar days after the conclusion of the hearing or within thirty (30) calendar days after the arbitrator receives the parties briefs, if any, whichever is later.
   
   
7. The arbitrator shall not have the power to add to, subtract from or modify the provisions of the Agreement through the award. The arbitrator shall confine his award solely to the precise issue presented.
   
   
8. The arbitrator’s award shall be binding upon both parties during the life of this Agreement.
   
   
9. A statement of the Arbitrator’s fee and expenses shall accompany the award. The fee and expenses of the arbitrator shall be borne equally by the parties.
   
   
10. Either party may appeal the arbitrator’s award through procedures contained in the Comprehensive Merit Personnel Act

5. General

1. No matter shall be entertained as a grievance unless it is raised within ten (10) working days of the occurrence of the event giving rise to the grievance, or within ten (10) working days of the Union’s or employee’s knowledge of occurrence of the event giving rise to the grievance.
   
   
2. Any grievance not advanced to the next step by the employee or the Union representative within the time limit specified in that step shall be deemed abandoned. If the Fire Department does not respond within the time limit specified in each step, the employee may invoke the next step treating the lack of response as a denial of the grievance.
   
   
3. All time limits shall be strictly observed unless the parties mutually agree to extend the time limits.
   
   
4. The presentation and discussion of grievances shall be conducted at the time and place which will afford a fair and reasonable opportunity for both parties and witnesses to attend. Such witnesses shall be present only for the time necessary for them to present evidence. When discussions and hearings required under this procedure are held during the work hours of the participants, such participants entitled to be present shall be excused with pay for that purpose.
   
   
5. Within thirty (30) working days of the effective date of this Agreement, the Department shall issue orders designating shift supervisors and their assigned units for the purpose of this Article
   
   
6. The parties agree that “working days” means Monday - Friday.