Everett Firefighters Local No. 46 12/16/2022

6 ARTICLE 6 - GRIEVANCES For the purpose of this Agreement, the term grievance shall mean a dispute between the Employer and the Union or the Employer and an employee concerning alleged misinterpretation or violation of the Agreement. Grievant shall mean any aggrieved employee and/or the Union. It is mutually agreed that the Union has the right in its own capacity to act as an aggrieved party in the grievance procedure. In the event that the aggrieved party is an individual employee, the grievance procedure shall begin with Step 1. In the event the Union is the aggrieved party, the procedure shall begin with Step 3. The grievant shall have thirty (30) calendar days to initiate the grievance procedure from the time the aggrieved party first becomes aware of the alleged grievance. Step 1: The grievant shall submit in writing, to the Union grievance committee, all relevant facts involving the alleged grievance along with the remedy sought. The Union grievance committee, upon receiving the written and signed statement, shall determine if a grievance exists within fourteen (14) calendar days after receipt of the said grievance. If, in their opinion, no grievance exists, no further action will be taken. Step 2: If the committee agrees that a grievance does exist, they and/or the employee shall outline the grievance in writing, identify all relevant facts and specify the article(s) and section(s) in dispute along with the remedy sought and present the same to the employee's Assistant Chief of Operations within fourteen (14) calendar days. The Assistant Chief of Operations shall forward a copy of the grievance immediately to the Fire Chief. Step 3: If within fourteen (14) calendar days following receipt the Assistant Chief of Operations has not settled the grievance satisfactorily, the committee and/or the employee may submit it to the Fire Chief. If the grievant is the Union, the first step of the grievance shall be to submit the grievance in writing to the Fire Chief using the grievance format (facts, contract provisions and remedy) of Step 2. Step 4: If within fourteen (14) calendar days following receipt the Chief has not settled the grievance satisfactorily, the committee and/or employee may submit it to the Mayor. Step 5: If within fourteen (14) calendar days following receipt the Mayor has not settled the grievance satisfactorily, the Union may submit the grievance to arbitration. The City and Union representatives shall meet within forty-five (45) calendar days of receipt of the grievance by the Chief to select a neutral arbitrator. If the parties cannot agree to the appointment of a neutral arbitrator, the parties shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a listing of nine (9) professional arbiters. Within seven (7) calendar days following receipt of the list from the FMCS, the parties shall meet and shall take turns in striking names from the list until one remains; the first striking to be governed by the toss of a coin. The decision of the arbitrator shall be final and binding upon all parties concerned. Each side to the arbitration shall pay for one-half of the arbitrator's fees and expenses. The employee or Union and the City may, by mutual written agreement, extend the time limits specified in this grievance procedure. By mutual written agreement, any step in the grievance procedure may be omitted and the grievance advanced to the next step.