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(5) The City Manager shall within fourteen (14) calendar days of receipt of the <br /> Review Board's written findings and recommendations review the findings <br /> and recommendations and render a written decision on the grievance. <br /> (6) The Association may appeal the decision of the City Manager by requesting <br /> that the grievance be referred to an impartial arbitrator. The Association's <br /> decision to refer the grievance to arbitration shall be made within fourteen <br /> (14) days of the notification of the City Manager's decision. The arbitrator <br /> shall be designated by mutual agreement between the Association and the City <br /> Manager. The fees and expenses of the arbitrator and court reporter shall be <br /> shared equally between the City and the Association. Each party, however, <br /> shall bear the cost of its own presentation, including preparation and post <br /> hearing briefs, if any. <br /> 7) Decisions of the arbitrators on matters properly before them shall be final and <br /> binding on the parties hereto, to the extent permitted by the Ordinance Code <br /> and Resolutions of the City. <br /> 27.3 The time limits previously set forth shall be considered maximums and every <br /> effort shall be made to expedite the process. The limits specified may, however, <br /> be extended by mutual agreement of the parties. <br /> 27.4 No Review Board and no arbitrator shall entertain, or hear, any dispute unless <br /> such dispute involves a position in the unit represented by the Association and <br /> unless such dispute falls within the definition of a grievance as set forth in <br /> Subsection 27.1. <br /> 27.5 Proposals to add to or change this Memorandum of Understanding or written <br /> agreements or addenda supplementary hereto, shall not be arbitrable and no <br /> proposal to modify, amend or terminate this Memorandum of Understanding, nor <br /> any matter or subject arising out of or in connection with such proposal, may be <br /> referred to arbitration under this Section. Neither any Review Board nor any <br /> arbitrator shall have the power to amend or modify this Memorandum of <br /> Understanding or written agreement or addenda supplementary hereto or to <br /> establish any new terms or conditions of employment. <br /> 27.6 No grievance involving demotion, reduction in pay, suspension, dismissal of an <br /> employee will be entertained unless it is filed in writing with the Deputy City <br /> Manager/Director of Human Resources within seven (7) working days of the time <br /> at which the affected employee was notified of such action. <br /> 27.7 If the Deputy City Manager/Director of Human Resources in pursuance of the <br /> procedures outlined in subsection 27.2(3) above, resolves any grievance which <br /> involves suspension or discharge, the Deputy City Manager/Director of Human <br /> Resources may agree to payment for lost time or to reinstatement with or without <br /> payment for lost time. <br /> -34 - <br />