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2022-2025 MOU City of Santa Ana & SEIU Full-Time Employees Unit Page 71 <br />ARTICLE XVI <br />16.0 GRIEVANCE PROCEDURE <br />16.1 Definition of Grievance. A grievance shall be defined as a timely complaint by the Union <br />concerning the interpretation or application of specific provisions of this MOU. <br />The parties can mutually agree to extend any deadlines in this Article. <br />16.2 Step 1 <br />A. The Union shall first attempt to resolve the grievance at Step 1 with the Executive <br />Director of Human Resources or designee without undue delay, but in no case, <br />beyond a period of ten (10) calendar days after the occurrence of the alleged <br />incident giving rise to the grievance, or when the grievant knew or should have <br />reasonably become aware of the facts giving rise to the grievance. <br />B. The Executive Director of Human Resources or designee will respond to the <br />grievance within fourteen (14) calendar days of receiving the grievance. <br />C. Every effort shall be made to find an acceptable solution to the grievance at Step <br />1. <br />16.3 Step 2. <br />A. If the Union is not satisfied with the response from the Executive Director of <br />Human Resources or designee, the Union must submit grievance in writing to Step <br />2 (binding arbitration) to the Executive Director of Human Resources or designee <br />with ten (10) calendar days of receiving the Step 1 response. Should the Union fail <br />to file a written grievance at Step 2 within ten (10) calendar days after receiving the <br />response at Step 1, the grievance shall be barred and waived. <br />B. The City and Union agree to select an arbitrator in the following manner: <br />1. The City and Union shall create and maintain a standing list of three (3) to five <br />(5) mutually approved arbitrators. <br />2. The City and Union shall select an arbitrator from the standing list via the <br />striking method. The parties shall mutually agree which party strikes the first <br />name. If the parties cannot mutually agree, the parties shall toss a coin to <br />determine who shall strike the name. Once the arbitrator is selected, the parties <br />will contact the arbitrator to schedule a hearing. <br />3. If none of the identified arbitrators are able to take the case, then the parties <br />will request a list of seven (7) arbitrators from the State Mediation and <br />Conciliation Services. Once the list is received, the representatives of the <br />parties shall strike names until an arbitrator is chosen. The parties shall