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24.2 continued <br /> <br />(3) Any grievance which has not been resolved by the <br /> procedures hereinabove set forth may be referred to <br /> the City Manager' by the complainant or by the <br /> Personnel Officer. Such referral shall be in writing, <br /> detailing the specific issues involved in the referral <br /> together with a statement of the resolution desired. <br /> The City Manager shall designate a personal repre- <br /> sentative who shall not be the Personnel Officer to <br /> investigate the merits of the complaint, to meet with <br /> the complainant and, if the complainant is not the <br /> Union, to meet also with the officials of the Union, <br /> and to settle the grievance or to make recommendations <br /> to~ the City Manager. <br /> <br />(4) If the parties are unable to reach a-mutually satis- <br /> factory accord on any grievance which arises and <br /> is presented during the term of this Memorandum of <br /> Understanding, such grievance shall be submitted to <br /> an Adjustment Board comprised of two (2) Union repre- <br /> sentatives, no more. than one.~(1) of whom shall be <br /> _ eith-~ an employee of the City or an elected or <br /> · appointed official of the Union, and two (2) - - <br /> representatives of the City, no more than.one (1) <br /> of whom shall be either an employee of the City <br /> or a member of the staff of any organization <br /> employed to represent the City in the meeting <br /> and conferring process. <br /> <br />(5) If an Adjustment Board is unable to arrive at a <br /> majority decision, either the Union or the City may <br /> require that the grievance be referred to an impartial <br /> arbitrator who shall be designated by mutual agree- <br /> -mant between the Union and the City Manager. The. <br /> fees and ex~nses of the arbitrator and of a Court <br /> Reporter shall be shared equally by the Union and <br /> -the City. Each party, P~wever, shall bear the cost <br /> of its own presentation, including preparation and <br /> post hearing briefs~ if any. <br /> <br />(6) <br /> <br />Decisions of Adjustment Boards and arbitrators on <br />matters properly before them shall be final and <br />binding on the parties hereto, to the extent per- <br />mitted by the Ordinance Code and Resolutions of <br />the City. <br /> <br />24.3 <br /> <br />No Adjustment Board and no arbitrator shall entertain, <br />hear, decide, or make recommendations on any dispute <br />unless such dispute involves a position in a unit <br />represented by this Union and unless such dispute falls <br />within the definition of a grievance as set forth in <br />su3osection 24.1 <br /> <br />24.4 <br /> <br />PropOsals to add to or change this M~morandumof Under- <br />standing or ~;ritten agreements or addenda supplementary . <br />hereto shall not be arbitrable and no proposal to modify, <br />amend or terminate this Memorandum of Understanding, nor <br />any matter'or subject arising out of or in connection <br />with such proposal, may be ref6~red toarbitration under <br />this Section. Neither any Adjustment Board nor any <br />arbitrator shall have the power to amend or. modify this <br />Memorandum of Understanding or written agreements or <br />addenda supplementary hereto or to establish any new <br />terms or conditions of employment. i~ <br /> <br />-19- <br /> <br /> <br />