FM PD Grievance Procedure This is l-'nn Myers Police Depanment's grievance procedure 15.1 15.2 ARTICLE 15 GRIEVANCE PROCEDURE A grievance is defined as a misapplication or misinterpretation of this Agreement. The employee covered by this agreement shall present his grievance within fourteen (14) business days ol the date from which the grievance arose in the foIIoWing manner: Step 1A. Step 2A. A grievance form shall be submitted to the Shift Commander containing the following information: 1 A statement of the grievance and the facts upon which it is based 2 The remedy or adjustment requested. 3 The signature of the aggrieved employee. 4 The specific violation of the Agreement. Ari aggrieved employee or union representative may choose to discuss the complaint orally with the Shift Commander It is the sole responsibility of the aggrieved employee or union representative to make the necessary arrangements to meet With the Shift Commander for the purpose ol discussing the complaint The Shift Commander shall attempt to adjust the grievance With aggrieved employee. An aggrieved employee or union representative may choose to discuss the complaint orally with the Bureau Commander It is the sole responsibility of the aggrieved employee or union representative to make the necessary arrangements to meet with the Bureau Commander lor the purpose ol discussing his/her the complaint. and if the grievance has not been settled Within seven (7) business days, it shall be referred to the Chief of Police The Bureau Commander will discuss the grievance With the aggrieved employee and the Union Representative and it the grievance has not been settled within seven (7) business days, it shall be referred to the Chief of Police. Step 3A. An aggrieved employee or union representative may choose to discuss the complaint orally with the Chief. It is the sole responsibility of the aggrieved employee or union representative to make the necessary arrangements to meet with the Chief for the purpose of discussing his/her the complaint. The Chief will provide an answer in writing on the grievance form within seven (7) business days. Step 4A. If the grievance has not been settled in one of the above steps or by an extension of time agreed upon by both the Public Employer and the Union, it may then be submitted to Arbitration for binding disposition within seven (7) business days after a decision is provided in Step 3. The PBA shall maintain sole authority regarding whether grievances may be forwarded to arbitration. B. The Arbitrator shall be an impartial neutral mutually accepted by the parties from a panel of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service (FMCS). The parties shall select the arbitrator through the use of the alternate striking method where in issues of contract disputes the City shall strike first, and in issues regarding disciplinary matters the PBA shall strike first. Both the City and the PBA shall have the right to reject one complete panel per arbitration. The parties further agree to accept the Arbitrator's decision as final and binding. C. The cost for the services of Arbitrator, the court reporter and the costs associated with providing the arbitrator with a copy of the transcript (if he/she requests a copy) shall be shared equally by both parties to the arbitration. D. Either party to this agreement desiring transcripts of arbitration hearings shall be responsible for the cost of such transcripts. Each party shall also be responsible for their own attorney fees. E. The Arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this agreement and shall determine the question of arbitrability first, if the question is raised by either party. 15.3 Any grievance not answered by management within the time limits provided above will automatically advance to the next higher step of the grievance procedure. 15.4 Grievances not appealed to the next step as provided in this Article shall be considered settled on the basis of the last decision. 15.5 This grievance procedure shall be available to both the Union and Non‑Union employees pursuant to Chapter 447 of the Florida Statutes. 15.6 The time limits provided in this Article shall be strictly observed unless extended by written agreement by the parties. 15.7 All grievances shall be processed during times which do not interfere with, or cause interruption of an employee's work responsibilities. 15.8 The filing of a grievance shall in no way interfere with the right of the City to proceed to carry out its management responsibilities, subject to the final resolution of the grievance. The employee shall abide by the management decision involved in any grievance prior to and during the time a grievance has been filed, and shall not discontinue his/her duties prior to or during the time a grievance is being processed. 15.9 The date of disposition shall be the date on which the immediate supervisor or other management official delivers the disposition to the Union or grievant, whichever is appropriate, or the date of postmark in those instances where delivery is by U.S. Mail. 15.10 The commencing of legal proceeding against the City in a Court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency, by an employee of the Commission, or any other administrative agency, by an employee of the Union, for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the union of their right to resort to the grievance and arbitration procedure contained in this Agreement. 15.11 Any grievance submitted regarding an individual’s termination, demotion, or suspension (property loss) shall be filed directly to the Chief of Police.