ARTICLE XIII

SECTION C

PROCEDURE

  1. STEP 1.
    If an employee feels that he or she has a grievance concerning his or her working conditions or some action taken against him/her, he or she should contact his or her supervisor within fifteen (15) working days to discuss the matter informally. The supervisor will verbally respond to that employee within five (5) business days.
    Note: Grievances involving discipline, up to and including discharge and grievances filed by the Union, shall be initially heard at Step 3 of the grievance procedure, i.e. department manager level. Grievances on written reprimands will only be heard at Step 3, they are not subject to Step 4 (Arbitration).

  2. STEP 2:
    Grievances not resolved at Step 1 shall be referred, in writing, to the employee's division manager within fifteen (15) working days after the designated supervisor's answer to Step 1. Copies of grievances must also be simultaneously submitted to the Management Services Director. This statement shall set forth in detail the exact condition or conditions as to which the grievance is made. The division manager shall conduct a grievance hearing with five (5) working days or at a time mutually agreeable to the parties. The division manager shall respond in writing with his or her decision to the Union within ten (10) working days following the hearing.

  3. STEP 3:
    If the grievance is not settled in Step 2 and the Union and/or the employee desires to appeal, the grievance shall be referred by the Union and/or the employee, in writing, to the department manager or his or her designated representative within ten (10) working days after the division manager's answer in Step 2. At this level, the employee through the union may, at time of submittal of the grievance to the Department Manager, revise the written grievance to include additional conditions and/or additional requests, as long as such corrections do not substantially cause the City to be faced with a new grievance. A meeting between the department manager, the employee(s), and the Union representative shall be held within five (5) working days of the receipt of the employee's and or the Union's appeal or at a time mutually agreeable to the parties. The BCEA President shall be notified at least three (3) days prior to the meeting if the department manager will be sending a designee. If the grievance is settled as a result of this meeting, the settlement shall be reduced to writing and signed by the department manager or his or her representative, the employee(s), and the Union. If no settlement is reached, the department manager or his or her representative shall give the department's written response to the Union within ten (10) working days following the date of the meeting.

  4. STEP 4: MEDIATION
    1. Initiation of Mediation
      Prior to requesting arbitration for a grievance, the BCEA may request that the grievance be submitted to mediation, pursuant to the provisions of this section of the MOU.

    2. Appointment of Mediator
      The parties shall appoint a mediator from the list of names and in the same manner as provided for arbitrators in Article XIII, Section C.5.A.

    3. Qualifications of Mediator
      Prior to accepting an appointment, the prospective mediator shall disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the parties.

    4. Vacancies
      If any mediator shall become unwilling or unable to serve, the parties will appoint another mediator as provided for in Article XIII, Section C.5.a.

    5. Representation
      Persons of the party's choice may represent any party.

    6. Date, Time and Place of Mediation
      The mediator shall fix the date and the time of each mediation session. The mediation shall be held in the City of Burbank.

    7. Identification of Matters in Dispute
      At least ten (10) days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, the parties may mutually exchange such memoranda.

      At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented.

      The mediator may require any party to supplement such information.

    8. Authority of Mediator
      The mediator does not have the authority to impose a settlement on the parties but will attempt to help them reach a satisfaction resolution of their dispute. The mediator is authorized to conduct joint and separate meeting with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advance. Arrangements for obtaining such advice shall be made by the mediator or the parties, as the mediator shall determine.

      The mediator is authorized to end the mediation whenever, in the judgment of the mediator, further efforts at mediation would not contribute to a resolution of the dispute between the parties.

    9. Privacy
      Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator.

    10. Confidentiality
      The mediator shall not divulge confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation. All records, reports, or other documents received by a mediator while serving in that capacity shall be confidential, and shall not be subject to discovery or release, except as provided for in Section K. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Matters discussed in mediation shall be considered confidential and privileged to the maximum extent of California law.

      The parties shall maintain the confidentiality of the mediation and shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding:

      1. Views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
      2. Admissions made by another party in the course of the mediation proceedings;
      3. Proposals made or views expressed by the mediator; or
      4. The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator

    11. Written Agreement
      A written agreement reached by the parties in the course of the mediation is admissible in any subsequent proceeding to enforce its terms.

    12. No Stenographic Record
      There shall be no stenographic record of the mediation process.

    13. Termination of Mediation
      The mediation shall be terminated:
      1. By the execution of a settlement agreement by the parties
      2. By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or
      3. By a written declaration of a party or parties to the effect that the mediation proceedings are terminated.

    14. Exclusion of Liability
      The mediator is not a necessary party in judicial proceedings relating to the mediation.

      The mediator shall not be liable to any party for any act or omission in connection with any mediation conducted under these rules.

    15. Interpretation and Application of Rules
      The mediator shall interpret and apply these rules insofar as they relate to the mediator's duties and responsibilities.

    16. Expenses
      The party producing any witness shall pay that witness' expenses. All other expenses of the mediation (including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator) shall be borne equally by the parties unless they agree otherwise.

  5. STEP 4: ARBITRATION
    1. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance within fifteen (15) working days to the Management Service Director to schedule the matter for an arbitration hearing within twenty (20) calendar days of receipt of the request. The Union and the Management Services Director to schedule the matter for an arbitration hearing within (20) calendar days of receipt of the request. The Union and the Management Service Director shall attempt to mutually agree upon an arbitrator, and, if they cannot agree, shall strike names form a panel of seventeen (17) arbitrators until one name remains. The final arbitrator's name remaining on the list shall arbitrate the dispute. The order of striking shall be determined by a coin toss. The arbitrator shall be notified of his or her selection by a joint letter from the parties requesting that he or she set a time and place, subject to the availability of the City and Union representatives.

      PANEL OF ARBITRATORS:

      Sara Adler Michael Prihar William Dorsey
      Norman Brand Thomas Roberts Joe Gentile
      Walter Daugherty Charles Askin Robert Austin
      Gerry Fellman Mark Burstein Buddy Cohn

    2. Ten (10) days prior to the hearing by an arbitrator representatives of the parties shall meet and prepare a submission statement setting forth the issues to be submitted to the arbitrator and exchange evidentiary documents. In the event the parties cannot jointly agree on a submission statement then at the hearing each party shall present to the arbitrator its own submission statement in which case the arbitrator shall determine the issues to be resolved.

    3. If there is a dispute between the parties as to the question of arbitrability, that question shall be submitted separately to the arbitrator for resolution prior to addressing the merits of the grievance.

    4. The decision of an arbitrator resulting from any arbitration of grievances hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this memorandum of understanding. The decision of the arbitrator shall be solely advisory in nature. The arbitrator's written award shall be submitted within thirty (30) calendar days from the last day of the hearing. The arbitrator's decision shall be forwarded to the City Manager, who shall review the award and make the final decision within thirty (30) days of its receipt.

    5. Employees called as witnesses during the course of the arbitration hearing shall be released for that purpose without loss of compensation or benefits. Witnesses will be subject to subpoena issued by the arbitrator, at the request of either the BCEA or the City, and enforceable by the City.

    6. The fee and expenses of the arbitrator and the cost of a written transcript shall be borne equally by the parties.