Section 12-312. Grievance procedure and impartial arbitration  


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  • a. The board
      of collective bargaining shall maintain a register  of  arbitrators  who
      have been approved for listing thereon by a majority of the entire board
      of  collective  bargaining  including  at  least one city member and one
      labor  member.  The  board  of  collective  bargaining  shall  establish
      procedures  for  impartial  arbitration  which  may be incorporated into
      executive orders and collective  bargaining  agreements  between  public
      employers and public employee organizations.
        b.  Executive  orders,  and  collective  bargaining agreements between
      public  employers  and  public  employee  organizations,   may   contain
      provisions for grievance procedures, in steps terminating with impartial
      arbitration  of  unresolved grievances. Such provisions may provide that
      the arbitrator's award shall be final and binding and enforceable in any
      appropriate tribunal in accordance with  the  applicable  law  governing
      arbitration,  except  that awards as to grievances concerning assignment
      of employees to duties substantially  different  from  those  stated  in
      their  job  classifications,  or the use of open-competitive rather than
      promotional examinations, shall be final  and  binding  and  enforceable
      only to the extent permitted by law.
        c.  Arbitrators  appointed  under  arbitration  provisions relating to
      municipal agencies shall be persons on the  register  of  the  board  of
      collective bargaining. The costs of such arbitration shall be determined
      and  allocated  pursuant  to  section eleven hundred seventy-four of the
      charter. The board of collective  bargaining,  in  its  discretion,  may
      publish arbitration awards.
        d. As a condition to the right of a municipal employee organization to
      invoke  impartial  arbitration  under  such  provisions, the grievant or
      grievants and such organization shall  be  required  to  file  with  the
      director  a  written  waiver  of  the right, if any, of said grievant or
      grievants and said organization to submit the underlying dispute to  any
      other  administrative  or  judicial  tribunal  except for the purpose of
      enforcing the arbitrator's award.
        e. Public employees and public employee organizations shall not induce
      or engage in any strikes, slowdowns, work stoppages, or mass absenteeism
      nor shall public employee organizations  induce  any  mass  resignations
      during  the  term  of  a collective bargaining agreement. A provision to
      that effect shall be  inserted  in  all  written  collective  bargaining
      agreements  between  public employers and public employee organizations.
      This subdivision shall not be construed to limit the  rights  of  public
      employers  or  the duties of public employees and employee organizations
      under state law.
        f. It is hereby declared to be the policy of  the  city  that  written
      collective  bargaining  agreements with certified or designated employee
      organizations should contain provisions  for  grievance  procedures  and
      impartial binding arbitration, which may be invoked by a public employer
      or by a certified or designated employee organization.
        g.  An employee may present his or her own grievance either personally
      or through an appropriate representative, provided that:
        (1) a grievance relating to a matter referred  to  in  paragraph  two,
      three  or five of subdivision a of section 12-307 of this chapter may be
      presented and processed only by  the  employee  or  by  the  appropriate
      designated  representative  or  its  designee,  but only the appropriate
      designated representative or its designee shall have the right to invoke
      and utilize the arbitration procedure provided by executive order or  in
      the  collective  agreement  to  which the designated representative is a
      party; and provided further that
        (2) any other grievance of an employee in a unit for which an employee
      organization is the certified collective bargaining  representative  may
    
      be  presented  and  processed  only by, the employee or by the certified
      employee organization, but  only  the  certified  employee  organization
      shall  have  the  right  to invoke and utilize the arbitration procedure
      provided  by executive order or in the collective agreement to which the
      certified representative is a party.