Reso 2022-3405 - Laserfiche WebLink

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have no authority to change, amend, add to, subtract from, ignore, modify, nullify or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration. The award of the arbitrator shall be final and binding when made in accordance with the jurisdiction and authority of this provision and this Agreement. Witnesses and Expenses: Upon agreement of the parties, there shall be a certified court reporter at the hearing. The parties shall bear equally the expenses and fees of the mutually agreed upon court reporter, the arbitrator, and all other expenses connected with a hearing. Each party shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. Employees required to testify will be made available; however, whenever possible, they will be placed on-call to minimize time lost from work. Employees who have completed their testimony shall return to work unless they are the grievant or are directly required to assist the principal P.B.A. Representative in the conduct of the case. In class grievances, the class shall be represented by the P.B.A. President and/or his/her designee. The intent of the parties is to minimize time lost from work. The officers or their counsel shall have the right to confront and question all witnesses under oath. The Association and the City shall have the right of discovery and other procedural rights in accordance with the Florida Rules of Civil Procedure. Section 6. A grievance not advanced to the higher step within the time limits provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. Failure on the part of the City to answer within the time limits set forth in any step will entitle the employee to proceed to the next step. The time periods contained herein may be mutually waived or extended due to unforeseen circumstances. Section 7. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly to the Chief of Police or his/her designee at Step 4 of the grievance procedure, within the time limit provided for the submission of the grievance in Step 1, and signed by the aggrieved employees or the PBA representative on their behalf. -19-