LVPPACE Contract July 1, 2015 – June 30, 2016 Page 18
9.4 Arbitrator Authority. The arbitrator shall not have the authority to modify, amend, alter, ignore, add to, or
subtract from any of the provisions of this Agreement. The arbitrator is without power to issue an award
inconsistent with the governing statutes of the jurisdiction. The arbitrator, in the absence of expressed written
agreement of the parties to this agreement, shall have no authority to rule on any dispute which is not within
the definition of a grievance set forth in this Article. Any and all settlements and awards by the arbitrator shall
be limited in retroactivity to the date of alleged violation or the date of the filing of the grievance as decided by
the arbitrator. Subject to the provisions stated below, the arbitrator shall not have the authority to excuse a
failure by the Association or the Department to comply with the time limitation set forth above unless mutually
agreed by the parties.
9.5 Time Limits. In computing any period of time described or allowed in this procedure, the day of the act,
event, or default from which the designated period of time begins to run shall not be included. The last day of
the period so computed shall be included, unless it is a Saturday, Sunday, or holiday, in which event, the period
runs until the end of the next day which is not a Saturday, Sunday, or holiday. Time limits specified in this
grievance procedure may only be extended by written agreement of both parties.
• Grievant Responsibility - Failure on the part of the aggrieved employee to process the grievance to the next
step within the time limits established in the preceding paragraphs presumes that it has been satisfactorily
resolved at the last step to which it had been properly processed. However, in the event an employee is
unavailable during the response period, the employee may authorize, in writing, the Association to respond
on the employee's behalf.
• Department Responsibility - Failure on the part of the Department's representatives to answer the
grievance in the time limits established in the preceding paragraphs will allow the employee/Association to
move the appeal to the next step in the procedure.
9.6 Representation. The aggrieved employee shall have the right to be represented by a person chosen by the
employee and/or the Association at all levels of this grievance procedure. If the person chosen by the
employee is not the Association's representative, a representative of the Association's choice will be allowed to
be present, at all meetings where both parties are present pertaining to the resolution of the grievance.
Settlements reached shall not be inconsistent with the provisions of this Agreement. Should the Association
believe that a settlement made by an individual employee is inconsistent with the provisions of this Agreement,
it shall have the right to proceed with a grievance at the arbitration step of this grievance procedure. The
Association shall, without exception, receive a copy of the final disposition of all grievances initiated by
employees covered under the terms of this Agreement.
9.7 Other Disputes. Disputes which do not fall within the definition of a grievance set forth in 9.1 above and
which challenge the legality including the constitutionality, or the propriety, or the reasonableness of a
Department rule, order, or regulation, shall first be referred by the employee involved to the Association, as the
exclusive representative of the bargaining unit pursuant to the provisions of NRS 288. If the Association
deems it appropriate to pursue the dispute, it is to be filed in the first instance with the Deputy Chief/Assistant
Sheriff or Undersheriff, as appropriate to the chain of command. The level of the Undersheriff would be
utilized if the issue arises at the Assistant Sheriff level. A meeting will be scheduled by the Deputy
Chief/Assistant Sheriff or Undersheriff with the Association for the purpose of resolving the dispute. The
Deputy Chief/Assistant Sheriff or Undersheriff shall, within thirty (30) calendar days of the conclusion of such
meetings, furnish the Association with a written response. If the Association wishes to pursue the matter
further, it may do so as allowed within the confines of NRS 288.
9.8 Distribution. A copy of all grievances shall be forwarded to the Association immediately upon filing with
the Department.