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_____________________________________________________________________________________________________________________ <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2025 THROUGH JUNE 30, 2028 <br />Page 54 <br />13139922.1 SA370-001 <br />the first name. If the parties cannot mutually agree, the parties shall toss a <br />coin to determine who shall strike the name. Once the arbitrator is selected, <br />the parties 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 <br />mutually agree which party strikes the first name. If the parties cannot <br />mutually agree, the parties shall toss a coin to determine who shall strike <br />the first name. Once the arbitrator is selected, the parties will contact the <br />arbitrator to schedule a hearing. <br />C. Hearing Process: During the hearing, the formal rules of evidence do not apply. <br />The cost of the arbitration including but not limited to the list of arbitrators, the <br />arbitrator themselves, and the court reporter shall be split evenly between the City <br />and Association. The arbitrator’s decision shall be final and binding. The arbitrator <br />shall issue their decision within thirty (30) calendar days from the conclusion of the <br />hearing, unless the parties agree otherwise. <br /> Alleged Violations of City Rules, Regulations, and Policies. <br />A. If an employee, group of employees, or Association (grievant) believes there has <br />been a violation, misapplication, or misinterpretation of a City rule, regulation, or <br />policy, the grievant may file a grievance within ten (10) calendar days of the alleged <br />violation, misapplication, or misinterpretation or when the grievant knew or should <br />have reasonably become aware of the facts giving rise to the grievance. <br />B. Step 1. <br />1. A grievant must submit a grievance in writing to the Executive Director of <br />Human Resources or designee. <br />2. The Department Head shall meet with the employee within ten (10) business <br />days after submission of the grievance. <br />3. The Department Head shall deliver the Step 1 written response to the <br />employee within ten (10) calendar days after meeting with the employee. <br />C. Step 2. <br />1. If the grievant is not satisfied with the Step 1 response, the grievant must <br />submit the grievance in writing to Step 2 to the Executive Director of <br />Human Resources or designee within ten (10) calendar days of receiving <br />the Step 1 response. <br />16.4