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19.7 <br />19.8 <br />Should the Union or the Employer have a concern which could result in a grievance, either party may <br />choose to bring up the matter within thirty (30) calendar days of the concern giving rise to the potential <br />grievance or said grievance shall be forever waived and null and void. <br />The formal grievance procedure shall be as follows <br />STEP 1: <br />A,lf the grievance involves occurrences other than disciplinary actions, the grievance shall be <br />presented in written form to the employee's division head within thirty (30) calendar days from <br />its occurrence. The division head shall respond in writing within twenty (20) calendar days after <br />receiving sa id grievance. <br />ln the event the matter relates to disciplinary action, then the grievance shall be presented in <br />written form to the employee's division head within ten {10) calendar days from the disciplinary <br />action. Since disciplinary action is not final unless approved by the Sheriff, the grievance may be <br />presented in written form within ten (10) calendar days from the date of the occurrence directly <br />to Step 2 of the grievance procedure' <br />STEP 2: <br />lf the grievance is not resolved to the satisfaction of the concerned parties at Step 1, then within ten (10) <br />calendar days of the response in Step 1- above, the grievance in written form, shall be presented to the <br />Sheriff. The Sheriff shall respond in writing to the aggrieved employee within ten (10) calendar days after <br />receipt of the grievance. <br />STEP 3: <br />Final and Binding Arbitration: lf the grievance has not been resolved at Step 2, either party to this <br />Agreement may refer unsettled grievances to final and binding arbitration. <br />Notice - Time Limit: The referring party shall notify the other party in writing by certified mail of <br />submission to arbitration within ten (10) calendar days after receipt of the Step 2 response. <br />B <br />A. <br />B <br />c.Arbitrator - Selection: After timely notice, the parties shall select an arbitrator in the following <br />manner: <br />ln the event neither party agrees on a neutral arbitrator; then either party may request <br />that the public Employment Relations Commission (PERC) submit a list of nine (9) names. <br />lf the parties cannot mutually agree on an arbitrator from the list of nine (9), then the <br />parties shallmeet and flip a coin. The winning party shallstrike one {1) name from the list <br />and communicate that choice to the other party. The losing party will strike one (1) name <br />from said list, and so on. The remaining name shall be the arbitrator. <br />D, Decision - Time Limit: The arbitrator will meet and hear the matter at the earliest possible date <br />after the selection of the arbitrator. After completion of the hearing, a decision shall be entered