Res 2023-121R/Approving a meet and confer agreement between the San Marcos professiona Firefighters association local #3963 and the city of San Marcos.

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2023-2026 Meet and Confer Agreement Between the San Marcos Professional Firefighters Association and the City of San Marcos, Texas ARTICLE 12 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and the Association recognize that from time -to -time disagreements between the Parties may arise as to the application or interpretation of this agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute C resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this Article. Section 2. Application of Procedure If either the City or the Association has a dispute with the other Party regarding this Agreement that Party should reduce the dispute to writing and deliver it to the other's designated representative, who for the Association shall be its President and for the City shall be its Fire Department head or designee. A Firefighter may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee and must also be signed by the Association President. Each grievance shall be written and state 1) a brief statement of the dispute and the factual basis for the dispute; 2) identify the applicable sections of this Agreement alleged to have been violated; 3) identify the specific remedy or adjustment sought; and 4) be signed by the aggrieved Firefighter, or if filed by the Association, the Association President or Grievance Committee Chairman. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association or an aggrieved employee must proceed following these steps: Step 1. An aggrieved Firefighter must submit his grievance to the Association Grievance Committee within fifteen (15) calendar days of the date upon which the Firefighter knew of or should have known of the facts giving rise to the dispute forming the basis of the grievance. A complete copy of the grievance shall be forwarded to the Chief (Department head) within three (3) days of the submission to the Committee. The Association Grievance Committee shall meet within fourteen (14) calendar days of receipt of the grievance and determine whether a grievance exists. If the Grievance Committee determines that no grievance exists, it shall notify the Chief (department head) within three (3) days of such determination and that no further proceedings will be necessary. If the Grievance Committee determines that a grievance exists, it shall proceed to submit the grievance to the Chief (Department Head) within five (5) calendar days of the date of the Committee determination. Step 2. The Chief (Department head) may require by policy for submission of contract disputes within the chain of command, but shall determine the matter within thirty (30) days of its receipt from the Association. The Chief (Department head) shall make his or her determination in writing. Step 3. If the grievance is not resolved in Step 2, the Association Grievance Committee may advance the grievance by submitting the written Grievance to the City Manager or his designee within fourteen (14) calendar days of receipt of the Chief's (Department Head) determination. The City Manager or his designee shall review the grievance and render a decision in writing to the Association Grievance Committee within fourteen (14) calendar days of receipt of the grievance. Page 21