Common use of EEO Clause in Contracts

EEO. Discrimination complaints shall be processed in accordance with the EEO Complaint Investigation and Resolution Procedure of the City of Berkeley EEO/Affirmative Action Program (attached herein as Appendix B) except that: i. The employee has the right to be represented by a Union representative at all stages of the informal and formal complaint investigation and resolution procedure; ii. The Equal Employment Opportunity and Diversity Officer shall meet with and report to only the City Manager during the formal resolution process; and iii. The City Manager shall make the final decision on the complaint which may be appealed by the Union to an impartial arbitrator within ten (10) days of receipt by the Union of the City Manager's decision. Such an appeal shall be processed in accordance with the above defined grievance procedure of this Agreement. The City shall promptly notify the Union of the filing of all formal complaints, as well as their acceptance or rejection. The City Manager or his or her designee will notify the Union of a proposed decision on a formal complaint, and the reasons therefore, and upon a request within ten (10) days, shall meet with the Union prior to issuing a final decision. If a grievance also alleges a violation of another Section of the contract in addition to Section 3, Section 40.2.2.3.2 shall apply only to that part of the grievance which alleges a violation of Section 3 unless otherwise mutually agreed. Complaints challenging, disputing, or seeking to modify or change any policy component of the City's EEO/Affirmative Action Program, including but not limited to the assignment of responsibilities, workforce utilization analysis, and affirmative action goals and timetables, shall not be subject to the grievance/arbitration procedures of this Agreement. This in no way limits the right of the Union to grieve violations of the City's EEO/Affirmative Action Plan.