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23.3 <br /> <br />23.4 <br /> <br />(4) <br /> <br />(5) <br /> <br />(6) <br /> <br />Personnel Officer. Such referral shall be in writing, <br />detailing the specific issues involved in the <br />referral together with a statement of the resolution <br />desired. The City Manager shall designate a <br />person~t representative who shall not be the <br />Personnel Officer to investigate the merits of the <br />complaint, to meet with the complainant and, if <br />the complainant is not the Union, to meet also <br />with the officials of the Union, and to settle the <br />grievance or to make recommendations to the City <br />Manager. <br /> <br />If the parties are unable to reach a mutually <br />satisfactory 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 />either 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 and <br />conferring process. <br /> <br />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 />ment between the Union and the City Manager. The <br />fees and expenses of the arbitrator and of a Court <br />Reporter shall be shared equally by the Union and <br />the City. Each party, however, shall bear the cost <br />of its own presentation, including preparation and <br />post hearing briefs, if any. <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 />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 />subsection 23.1. <br /> <br />Proposals to add to or change this Memorandum of Under- <br />standing or written 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 referred to arbitration under <br />this Section. Neither any Adjustment Board nor any <br />arbitrator shall ]]ave 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. <br /> <br />-18- <br /> <br /> <br />