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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 mutually <br /> agree,the parties shall toss a coin to determine who shall strike the first name. <br /> Once the arbitrator is selected,the parties will contact the arbitrator to schedule <br /> 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 Union. The arbitrator's decision shall be final and binding. The arbitrator shall <br /> issue their decision within thirty (30) calendar days from the conclusion of the <br /> hearing, unless the parties agree otherwise. <br /> 16.4 Alleged Violations of City Rules Regulations, and Policies. <br /> A. If an employee, group of employees, or Union(grievant) believes there has been a <br /> violation, misapplication, or misinterpretation of a City rule, regulation, or policy, <br /> 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 /> A. A grievant must submit a grievance in writing to the Executive Director of <br /> Human Resources or designee. <br /> B. The Department Head shall meet with the employee within ten (10) calendar <br /> days after submission of the grievance. <br /> C. The Department Head shall deliver the Step 1 written response to the employee <br /> within ten (1) calendar days after meeting with the employee. <br /> C. Step 2. <br /> A. 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 Human <br /> Resources or designee within ten (10) calendar days of receiving the Step 1 <br /> response. <br /> B. The City Manager or designee shall meet with the employee within twenty- <br /> one (21) days after submission of the Step 2 grievance. The City Manager or <br /> designee may affirm, reverse, or modify the decision made at Step 1. <br /> C. The City Manager or designee shall deliver the Step 2 written response to the <br /> employee within ten (10) calendar days after meeting with the employee. <br /> 2025 MOU City of Santa Ana&SEIU Full-Time Employees Unit Page 70 <br />