[§89-10.8]  Resolution of disputes;
grievances.  (a)  A public employer shall enter into written agreement with
the exclusive representative setting forth a grievance procedure culminating in
a final and binding decision, to be invoked in the event of any dispute
concerning the interpretation or application of a written agreement.  The
grievance procedure shall be valid and enforceable and shall be consistent with
the following:



(1)  A dispute over the terms of an initial or renewed
agreement shall not constitute a grievance;



(2)  No employee in a position exempted from chapter
76, who serves at the pleasure of the appointing authority, shall be allowed to
grieve a suspension or discharge unless the collective bargaining agreement
specifically provides otherwise; and



(3)  With respect to any adverse action resulting from
an employee's failure to meet performance requirements of the employee's
position, the grievance procedure shall provide that the final and binding
decision shall be made by a performance judge as provided in this section.



(b)  The performance judge shall be a neutral
third party selected from a list of persons whom the parties have mutually
agreed are eligible to serve as a performance judge for the duration of the
collective bargaining agreement.  The parties, by mutual agreement, may modify
the performance judge list at any time and shall determine a process for
selection from the list.



(c)  The performance judge shall use the
conditions in section 76-41(b) as tests in reaching a decision on whether the
employer's action, based on a failure by the employee to meet the performance
requirements of the employee's position, was with or without merit.



(d)  If it is alleged that the adverse action
was not due to a failure to meet performance requirements but for disciplinary
reasons without just and proper cause, the performance judge shall first
proceed with a determination on the merits of the employer's action under
subsection (c).  If the performance judge determines that the adverse action may
be based on reasons other than a failure to meet performance requirements, the
performance judge shall then determine, based on appropriate standards of
review, whether the disciplinary action was with or without proper cause and
render a final and binding decision. [L 2000, c 253, §91]