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ARTICLE 9 - GRIEVANCES <br /> 9.1 Definition. <br /> 9.1.1 Grievance is defined as an alleged violation, misinterpretation, misrepresentation, or <br /> misapplication of the terms of this Agreement. All grievances and responses from <br /> the grievance procedure shall be put in writing, setting forth the facts, section of the <br /> Agreement violated, and remedy sought. <br /> 9.1.2 Time periods between grievance steps may be extended by written mutual <br /> agreement of both parties. <br /> 9.2 Procedure. <br /> 9,2.1 An employee, group of employees or the EPMA may present a grievance in writing <br /> to the Chief or designee within 20 working days of the alleged grievance. <br /> 9.2.1.1 Working days will be defined as those days Monday through Friday, inclusive, and <br /> will not count officially recognized holidays. <br /> 9.2.2 EPMA shall be the exclusive representative of any aggrieved employee. Pursuit of <br /> any and all grievances shall be determined exclusively by EPMA in conjunction with <br /> the procedures established in this Agreement. Any decision by EPMA to terminate <br /> the pursuit of a grievance shall be final and binding upon the aggrieved employee; <br /> provided that nothing herein shall be construed so as to limit an employee's right to <br /> resolve employment issues in accordance with RCW 41.56.080. <br /> 9.3 Responses and Time Limits. <br /> 9.3.1 The Chief of Police or designee shall respond to the grievance within 10 working <br /> days. Upon the completion of this timeframe, if the issue has not been resolved, <br /> EPMA shall have 10 working days to submit the grievance to the Mayor or <br /> designee. <br /> 9.3.2 The Mayor or designee shall respond to the grievance within 15 working days. If <br /> EPMA elects to arbitrate, EPMA shall give written notice to the City of its intent to <br /> arbitrate within 20 working days of the Mayor's or designee's response. <br /> 9.3.3 Whenever the employer fails to respond within the time limits set forth in this article, <br /> the grievance will automatically advance to the next step. Only the signatory parties <br /> may submit grievances to arbitration. <br /> 9.4 Arbitration of Grievances. <br /> 9.4.1 The parties shall utilize a single mutually agreed upon arbitrator for the arbitration of <br /> grievances under Article 9. In the event that the parties are unable to agree upon <br /> an arbitrator, they shall submit a joint request to the Federal Mediation and <br /> Conciliation Service for a listing of nine professional arbiters whose principle <br /> residence is Washington or Oregon and who are members of the National Academy <br /> EVERETT POLICE MANAGEMENT ASSOCIATION <br /> PAGE 11 <br />