AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND ...

Section 2. Arbitration Referral
A. If the employee grievance is not resolved at step 4 of
the Grievance Procedure, the Union may, within fifteen
(15) business days from the date the City Administrator's
response is received by the union, or if no response is
received within fifteen (15) business days of the date
the response is due, may submit a request for arbitration
to the Employee Relations Manager. In general grievances,
either the Union or the City may request to take the
issue or grievance to arbitration.
B. The arbitrator's fee and expenses shall be borne equally
by both parties regardless of the award.
C. Attendance at any arbitration procedure and compensation
of participants shall be the responsibility of each side.
The expenses of non-City witnesses for either side shall
be paid by the party producing such witnesses. City
employees called as witnesses shall be paid if called
during normal working hours. Off-duty employees called by
the City shall be compensated according to Article 22.
Section 3. Expedited Arbitration for Reasonable Suspicion
Substance Abuse Cases
A. When a Battalion Chief files a grievance alleging that an
alcohol or controlled substance abuse screening was ordered
improperly under Article 10, of this agreement, the drug
testing grievance shall be submitted directly to
arbitration. However, the drug test will proceed, but
results will not be released to either the City or the
Union unless pursuant to subsection C below.
B. Such grievances shall be heard no later than five (5)
business days after the Battalion Chief files the
grievance. If the Battalion Chief grieves the test, said
grievance must be received in writing by the Fire Chief or
his/her designee on duty within twenty (24) hours of the
testing order and must describe in detail the reason for
the grievance and the argument why the test should not have
been administered.
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