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34 <br />ARTICLE 18 - GRIEVANCES <br /> <br />Grievance is defined as a cause (arising out of an alleged misinterpretation or misapplication of <br />the terms of this Agreement) felt to afford reason for complaint. All grievances and responses <br />from the grievance procedure shall be put in writing. The written grievance shall include, but is <br />not limited to the following: the name of the grievant, the Article(s) and Section(s) misinterpreted <br />or misapplied, the facts stating how the aforementioned were misinterpreted or misapplied, and <br />the remedy sought. <br /> <br />Time periods between grievance steps may be extended by written mutual agreement of both <br />parties. <br /> <br />Working days, for the express purpose of this Article, are defined to be Monday through Friday <br />excluding holidays, Saturday and Sunday. In computing any period of time the working day <br />following the act, event or default shall be counted as Day 1 for the purpose of determining the <br />designated period of time applicable at that step. <br /> <br />1. If the Union Grievance Committee agrees that a grievance does exist, they and/or the <br />aggrieved employee shall submit the grievance at step one to the Transportation Services <br />Manager within fifteen (15) working days of the grievable action, with a copy of the alleged <br />grievance going to the Director of Transportation Services. <br /> <br />2. If, within ten (10) working days after the receipt of the grievance, the Transportation <br />Services Manager has not settled or responded to the grievance, the Union Grievance <br />Committee and/or the employee may advance the grievance to step two by submitting the <br />grievance to the Director of Transportation Services. Step two shall be filed within (10) <br />working days of receipt of the Transportation Services Manager’s step one response. If <br />no step one response was offered within ten (10) days of its filing, step two shall be filed <br />within twenty (20) working days of the filing of the grievance at step one. <br /> <br />3. If, within ten (10) working days after the receipt of the grievance, the Director of <br />Transportation Services has not settled or responded to the grievance, the Union <br />Grievance Committee and/or the employee may advance the grievance to step three by <br />submitting the grievance to the Mayor. Step three shall be filed within ten (10) working <br />days of receipt of the Director of Transportation Services’ step two response. If no step <br />two response was offered within ten (10) days of its filing, step three shall be filed within <br />twenty (20) working days of the filing of the grievance at step two. <br /> <br />4. If, within ten (10) working days after the receipt of the grievance, the Mayor or his/her <br />designee has not settled the grievance, the Union Grievance Committee and/or the <br />employee may submit the grievance to an arbitration board to be determined in <br />accordance with Section 5 of this Article. Notice of appeal must be made in writing to the <br />Mayor within ten (10) working days after the Mayor's response, otherwise the right to <br />grieve shall be deemed as waived. Each party within ten (10) working days will appoint <br />their representative. <br /> <br />5. The moving party shall submit a request to the Federal Mediation and Conciliation Service <br />(FMCS) for a listing of nine (9) professional arbiters whose principle residence is <br />Washington or Oregon and who are members of the National Academy of Arbitrators. The <br />City and the Union representatives will take turns striking names off the list of arbitrators <br />until only one (1) person remains on the list. A coin flip shall determine whether the City