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49 <br />ARTICLE XIX <br />19.0 GRIEVANCE REVIEW PROCEDURE <br />19.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by the <br />Association concerning the interpretation or application of specific provisions of this <br />MOU. <br />The parties can mutually agree to extend any deadlines in this Article. <br />19.2 Step 1. <br />A. The Association shall first attempt to resolve the grievance at Step 1 with the <br />Executive Director of Human Resources or designee without undue delay, but in <br />no case, beyond a period of ten (10) calendar days after the occurrence of the <br />alleged incident giving rise to the grievance, or when the grievant knew or should <br />have reasonably become aware of the facts given 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 />19.3 Step 2. <br />A. If the Association is not satisfied with the response from the Executive Director <br />of Human Resources or designee, the Association must submit the grievance in <br />writing to Step 2 (binding arbitration) to the Executive Director of Human <br />Resources or designee within ten (10) calendar days of receiving the Step 1 <br />response. Should the grievant fail to file a written grievance at Step 2 within ten <br />(10) calendar days after receiving the response at Step 1, the grievance shall be <br />barred and waived. <br />B. The City and Association agree to select an arbitrator in the following manner: <br />1. The City and Association shall refer to the mutually-approved standing list <br />of arbitrators as specified in Section 18.2(B)(2)(b). <br />2. The City and Association shall select an arbitrator from the standing list <br />via the striking method. The parties shall mutually agree which party <br />strikes the first name. If the parties cannot mutually agree, the parties shall <br />toss a coin to determine who shall strike the first name. Once the arbitrator <br />is selected, the parties will contact the arbitrator to schedule a hearing.