Common use of Second Level of Review Clause in Contracts

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, and a written decision shall be rendered within 120 calendar days of such notice being served. Step 5 - Mediation (optional) If the grievance is not resolved at Step 4, the Union representative may, within ten (10) calendar days following receipt of Management's response at Step 4, request that the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitration.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department involved. The General Manager/Commission or their designee will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance and shall render to the grievant and his/her representative, if any, a written decision shall be rendered within 120 calendar days of such notice being served. Step 5 - Mediation (optional) If the grievance is not resolved at Step 4, the Union representative may, within ten (10) calendar days following receipt of Management's response at Step 4, request that the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitration.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her his General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department involved. The General Manager/Commission or their designee will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance and shall render to the grievant and his/her representative, if any, a written decision shall be rendered within 120 thirty (30) calendar days of such notice being servedfrom the date said arguments were submitted. Step 5 - Mediation (optional) If the grievance is not resolved written decision at Step 4, 4 does not settle the Union representative maygrievance, within ten (10) calendar days following of receipt of Management's response at Step 4such response, the grievant and Union jointly may request that mediation by letter to the grievance be submitted to mediator prior to proceeding to arbitrationEmployee Relations Officer. This step is optional optional. Either the grievant/Union or Management may waive mediation and requires the concurrence of Management and the Unionproceed directly to arbitration. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within Within ten (10) calendar days following of receipt of a request for mediation, the mediation request, Employee Relations Officer shall either return the request to the Union representative with a denial without action or an agreement request that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation of such mediator shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will of the mediator should be to assist the parties in settling the grievancegrievance in a mutually satisfactory fashion. The mediation procedure shall be informal. Court reporters shall not be usedallowed to be present, the rules of evidence shall not apply, apply and no record shall be made. The mediator shall determine whether witnesses are necessarynecessary in the conduct of the proceedings. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance settlement is not resolved in mediationpossible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including along with a brief statement of the reasons for the opinion. Such opinion, opinion as well as confidential discussions anything said by the parties in mediation, during mediation shall not be used during any subsequent arbitration. Notwithstanding the above, and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration.

Second Level of Review. If the grievance is not settled at Step 21, the grievant may serve written notice of file an appeal with the grievance Labor Relations Office on said the form upon provided by the person designated to review the grievance at Step 3 Department within seven fourteen (714) calendar days of receipt of the Step 2 1 grievance responseresponse or the expiration of time limits if no response is received. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said the person designated by Management to review the grievance at Step 2 shall meet with the grievant, and a grievant within twenty-one (21) calendar days of the date of service. A written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen twenty-eight (1528) calendar days from of the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her the grievance at to the next third level of review, within the time limits prescribed in Step 3. Step 4 3 - General Manager/Commission 's Review (Third Level of Review) If the grievance is not settled at Step 32, then the grievant may serve written notice of file an appeal with the grievance Labor Relations Office on said the form upon his/her General Manager or designee provided by the Department within seven fourteen (714) calendar days following receipt of the grievance response or expiration of time limits if no response is received at Step 32. Upon request, the time limits will be automatically extended to twenty-one (21) calendar days. Failure of the grievant to serve such written notice or make such request shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designeea designated representative within twenty- one (21) calendar days from the date of such notice. Upon request, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the time limits will automatically be extended to thirty-five (35) calendar days. The General Manager or their designeethe designated representative will afford the party(s) an opportunity to present oral and/or written arguments on the merits of the grievance. The General Manager or the designated representative shall render to the grievant, and a written decision shall be rendered within 120 calendar days of such notice being served. Step 5 - Mediation twenty- one (optional) If the grievance is not resolved at Step 4, the Union representative may, within ten (1021) calendar days following receipt of Management's response at Step 4from the date said arguments were submitted. Upon request, request that the grievance time limits will automatically be submitted extended to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the abovethirty-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten five (1035) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitrationdays.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, and a written decision shall be rendered within 120 calendar days of such notice being served. Step 5 - Mediation (optional) If the grievance is not resolved at Step 43, the Union or Management representative may, within ten (10) calendar days following receipt of Management's response at Step 43, request that the grievance be submitted to a mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department union representative within the above-prescribed time limits. The personnel officer or Employee Relations Administrator union representative shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union or Management representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters reports shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitration.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said a form provided by the department, office or bureau upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her the representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her the grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her the General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her a designee, or in the case of the departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department involved. The General Manager/Commission or their designee will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance. Said person shall meet with the grievant and a written decision or statement of facts and issues shall be rendered to the grievant and the representative, if any, within 120 one hundred and twenty (120) calendar days from the date of service. Failure of Management to respond within such notice being servedtime limit shall entitle the grievant to process the grievance at Step 5 (Mediation) and/or Step 6 (Arbitration). Step 5 - Mediation (optional) If the grievance is not resolved settled at Step 4, the Union representative may, within ten (10) calendar days following receipt of Management's receiving the Step 4 response at Step 4, the Association and Management may mutually agree to request that mediation. Either the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Association or Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request will notify the Employee Relations Board (XXX) a to appoint a mediatorof such request by letter. The Executive Director of the Employee Relations Board shall first attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State The fees, if any, of such mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally equally, by Union the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be usedallowed to be present, the rules of evidence shall not apply, apply and no record shall be made. The mediator shall determine whether witnesses are necessarynecessary in the conduct of the proceedings. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance settlement is not resolved in mediationpossible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including along with a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions anything said by the parties in during mediation, shall not be used during any subsequent arbitration. Notwithstanding the above and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. Step 6 - Arbitration If the written decision at Step 4 does not settle the grievance, or if Step 5 is waived or does not settle the grievance, the grievant and the Association jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee at Step 4, or the date of the mediator’s opinion in Step 5. Failure of the grievant and the Association jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven (7) arbitrators furnished by the Employee Relations Board, within seven (7) calendar days following receipt of said list.

Second Level of Review. If the grievance is not settled at Step 21, the grievant may serve written notice of file an appeal with the grievance Labor Relations Office on said the form upon provided by the person designated to review the grievance at Step 3 Department within seven fourteen (714) calendar days of receipt of the Step 2 1 grievance responseresponse or the expiration of time limits if no response is received. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said the person designated by Management to review the grievance at Step 2 shall meet with the grievant, and a grievant within twenty-one (21) calendar days of the date of service. A written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen twenty-eight (1528) calendar days from of the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her the grievance at to the next third level of review, within the time limits prescribed in Step 3. Step 4 3 - General Manager/Commission 's Review (Third Level of Review) If the grievance is not settled at Step 32, then the grievant may serve written notice of file an appeal with the grievance Labor Relations Office on said the form upon his/her General Manager or designee provided by the Department within seven fourteen (714) calendar days following receipt of the grievance response or expiration of time limits if no response is received at Step 32. Upon request, the time limits will be automatically extended to twenty-one (21) calendar days. Failure of the grievant to serve such written notice or make such request shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, and a written decision shall be rendered designated representative within 120 calendar days of such notice being served. Step 5 - Mediation (optional) If the grievance is not resolved at Step 4, the Union representative may, within ten (10) calendar days following receipt of Management's response at Step 4, request that the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the abovetwenty-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitration.one

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management the City to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department involved. The General Manager/Commission or their designee will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance and shall render to the grievant and his/her representative, if any, a written decision shall be rendered within 120 thirty (30) calendar days of such notice being servedfrom the date said arguments were submitted. Step 5 - Mediation (optional) Arbitration If the grievance is not resolved written decision at Step 44 does not settle the grievance, the Union representative maygrievant and the Association jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee. Failure of the grievant and the Association jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven arbitrators furnished by the Employee Relations Board, within ten seven (107) calendar days following receipt of Management's response at Step 4, request that the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitrationsaid list.

Second Level of Review. If the grievance is not settled at Step 21, the grievant may serve written notice of the grievance on said form upon the person designated to review the grievance at Step 3 2 within seven (7) calendar days of receipt of the Step 2 1 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 4 3 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 32, the grievant may serve written notice of the grievance on said form upon his/her General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 32. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her designee, or in the case of departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance and shall render to the grievant and his/her representative, if any, a written decision shall be rendered within 120 calendar days of such notice being served. Step 5 - Mediation thirty (optional) If the grievance is not resolved at Step 4, the Union representative may, within ten (1030) calendar days following receipt of Management's response at Step 4, request that the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following from receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request the Employee Relations Board (XXX) a to appoint a mediator. The Executive Director of the Employee Relations Board shall attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union and Management. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be used, the rules of evidence shall not apply, and no record shall be made. The mediator shall determine whether witnesses are necessary. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance is not resolved in mediation, the mediator may be requested to provide an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions by the parties in mediation, shall not be used during any subsequent arbitrationappeal.

Second Level of Review. If the grievance is not settled at Step 2, the grievant may serve written notice of the grievance on said a form provided by the department, office or bureau upon the person designated to review the grievance at Step 3 within seven (7) calendar days of receipt of the Step 2 grievance response. Failure of the grievant to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, said person shall meet with the grievant, and a written decision or statement of the facts and issues shall be rendered to the grievant and his/her the representative, if any, within fifteen (15) calendar days from the date of service. Failure of Management to respond within such time limit shall entitle the grievant to process his/her the grievance at the next level of review. Step 4 - General Manager/Commission Review (Third Level of Review) If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance on said form upon his/her the General Manager or designee within seven (7) calendar days following receipt of the grievance response at Step 3. Failure of the grievant to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be heard by the General Manager or his/her a designee, or in the case of the departments under the administrative control of a board of commissioners, by the Commission or the General Manager or their designee, as shall be determined by the head of the department involved. The General Manager/Commission or their designee will afford the parties an opportunity to present oral and/or written arguments on the merits of the grievance. Said person shall meet with the grievant and a written decision or statement of facts and issues shall be rendered to the grievant and the representative, if any, within 120 one hundred and twenty (120) calendar days from the date of service. Failure of Management to respond within such notice being servedtime limit shall entitle the grievant to process the grievance at Step 5 (Mediation) and/or Step 6 (Arbitration). Step 5 - Mediation (optional) If the grievance is not resolved settled at Step 4, the Union representative may, within ten (10) calendar days following receipt of Management's receiving the Step 4 response at Step 4, the Association and Management may mutually agree to request that mediation. Either the grievance be submitted to mediator prior to proceeding to arbitration. This step is optional and requires the concurrence of Association or Management and the Union. A request for mediation must be in writing and must be submitted to the affected department's personnel officer or the Employee Relations Administrator in the Police Department within the above-prescribed time limits. The personnel officer or Employee Relations Administrator shall, within ten (10) calendar days following receipt of the mediation request, return the request to the Union representative with a denial or an agreement that the parties jointly request will notify the Employee Relations Board (XXX) a to appoint a mediatorof such request by letter. The Executive Director of the Employee Relations Board shall first attempt to obtain the services of a mediator from the State Mediation and Conciliation Service. If a State The fees, if any, of such mediator is unavailable, Union and Management may jointly agree to a mediator selected by the Executive Director of the Employee Relations Board. The fees for mediation shall be shared equally by Union the Association and Management. The primary effort of the mediator should be to assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal. The primary effort will be to assist the parties in settling the grievance. Court reporters shall not be usedallowed to be present, the rules of evidence shall not apply, apply and no record shall be made. The mediator shall determine whether witnesses are necessarynecessary in the conduct of the proceedings. If the grievance is resolved through mediation, notwithstanding the provisions of Section 4.865 of the Employee Relations Ordinance, the parties may agree to accept the results of mediation as binding. If the grievance settlement is not resolved in mediationpossible, the mediator may be requested to provide the parties with an immediate oral opinion as to how the grievance would be decided if it went to arbitration. Such opinion shall be advisory only. However upon Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, including along with a brief statement of the reasons for the opinion. Such opinion, as well as confidential discussions anything said by the parties in during mediation, shall not be used during any subsequent arbitration. Notwithstanding the above and Section 4.865 of the Employee Relations Ordinance, the parties may, upon mutual agreement, agree to accept the opinion of the mediator as binding, in lieu of arbitration. Step 6 - Arbitration If the written decision at Step 4 does not settle the grievance, or if Step 5 is waived or does not settle the grievance, the grievant and the Association jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee at Step 4, or the date of the mediator’s opinion in Step 5. Failure of the grievant and the Association jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven (7) arbitrators furnished by the Employee Relations Board, within seven (7) calendar days following receipt of said list.