CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) (2022-2025)

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3. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. C. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitration including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator's decision shall be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. 16.4 Alleged Violations of City Rules, Regulations, and Policies. A. If an employee, group of employees, or Association (grievant) believes there has been a violation, misapplication, or misinterpretation of a City rule, regulation, or policy, the grievant may file a grievance within ten (10) calendar days of the alleged violation, misapplication, or misinterpretation or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. step 1. A grievant must submit a grievance in writing to the Executive Director of Human Resources or designee. 2. The Department Head shall meet with the employee within ten (10) business days after submission of the grievance. C. Step 2. The Department Head shall deliver the Step 1 written response to the employee within ten (10) calendar days after meeting with the employee. If the grievant is not satisfied with the Step 1 response, the grievant must submit the grievance in writing to Step 2 to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 1 response. 2. The City Manager or designee shall meet with the employee within twenty- one (21) days after submission of the Step 2 grievance. The City Manager or designee may affirm, reverse, or modify the decision made at Step 1. CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2022 THROUGH JUNE 30, 2025 Page 55