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EVERETT POLICE MANAGEMENT ASSOCIATION <br />PAGE 14 <br />ARTICLE 9 - GRIEVANCES <br />9.1 Definition. <br /> <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 the <br />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 agreement of <br />both parties. <br /> <br />9.2 Procedure. <br />9.2.1 An employee, group of employees or the EPMA may present a grievance in writing to <br />the Chief or designee within 20 working days of the alleged grievance. <br /> <br />9.2.1.1 Working days will be defined as those days Monday through Friday, inclusive, and will <br />not count officially recognized holidays. <br /> <br />9.2.2 EPMA shall be the exclusive representative of any aggrieved employee. Pursuit of any <br />and all grievances shall be determined exclusively by EPMA in conjunction with the <br />procedures established in this Agreement. Any decision by EPMA to terminate the pursuit <br />of a grievance shall be final and binding upon the aggrieved employee; provided that <br />nothing herein shall be construed so as to limit an employee's right to resolve employment <br />issues in accordance with RCW 41.56.080. <br />9.3 Responses and Time Limits. <br /> <br />9.3.1 The Chief of Police or designee shall respond to the grievance within 10 working days. <br />Upon the completion of this timeframe, if the issue has not been resolved, EPMA shall <br />have 10 working days to submit the grievance to the Mayor or designee. <br />9.3.2 The Mayor or designee shall respond to the grievance within 15 working days. If EPMA <br />elects to arbitrate, EPMA shall give written notice to the City of its intent to arbitrate within <br />20 working days of the Mayor or designee's response. <br /> <br />9.3.3 Whenever the employer fails to respond within the time limits set forth in this article, the <br />grievance will automatically advance to the next step. Only the signatory parties may <br />submit grievances to arbitration. <br /> <br />9.4 Arbitration of Grievances. <br /> <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 an <br />arbitrator, they shall submit a joint request to the Federal Mediation and Conciliation <br />Service for a listing of nine professional arbiters whose principal residence is Washington <br />or Oregon and who are members of the National Academy of Arbitrators. The City and <br />EPMA representatives will take turns striking names off the list until only one person <br />remains on the list. A coin flip shall determine whether the City representative or EPMA