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(6) The Union may appeal the decision of the City Manager by requesting that the <br /> grievance be referred to an impartial arbitrator. The Union's decision to refer the <br /> grievance to arbitration shall be made within fourteen (14) calendar days of the <br /> notification of the City Manager's decision. The arbitrator shall be designated by <br /> mutual agreement between the Union and the City Manager. The fees and expenses <br /> of the arbitrator and court reporter shall be shared equally between the City and the <br /> Union. Each party, however, shall bear the cost of its own presentation, including <br /> preparation and post hearing briefs, if any. <br /> 7) Decisions of the arbitrators on matters properly before them shall be final and binding <br /> on the parties hereto, to the extent permitted by the Ordinance Code and Resolutions <br /> of the City. <br /> 27.3 The time limits previously set forth shall be considered maximums and every effort shall <br /> be made to expedite the process. The limits specified may, however, be extended by <br /> mutual agreement of the parties. <br /> 27.4 No Review Board and no arbitrator shall entertain, or hear, any dispute unless such <br /> dispute involves a position in the unit represented by the Union and unless such dispute <br /> falls within the definition of a grievance as set forth in Subsection 27.1. <br /> 27.5 Proposals to add to or change this Memorandum of Understanding or written agreements <br /> or addenda supplementary hereto, shall not be arbitrable and no proposal to modify, <br /> amend or terminate this Memorandum of Understanding, nor any matter or subject <br /> arising out of or in connection with such proposal, may be referred to arbitration under <br /> this Section. Neither any Review Board nor any arbitrator shall have the power to amend <br /> or modify this Memorandum of Understanding or written agreement or addenda <br /> supplementary hereto or to establish any new terms or conditions of employment. <br /> 27.6 If the designated Assistant City Manager in pursuance of the procedures outlined in <br /> subsection 27.2(3) above, resolves any grievance which involves suspension or <br /> discharge, the designated Assistant City Manager may agree to payment for lost time or <br /> to reinstatement with or without payment for lost time. <br /> 27.7 All complaints involving or concerning the payment of compensation shall be initially <br /> filed in writing with the designated Assistant City Manager. Only complaints which <br /> allege that employees are not being compensated in accordance with the provision of this <br /> Memorandum of Understanding shall be considered as grievances. No adjustment shall <br /> be retroactive for more than thirty (30) working days from the date upon which the <br /> complaint was filed. Any other matters of compensation are to be resolved in the <br /> meeting and conferring process and if not detailed in the Memorandum of Understanding <br /> which results from such meeting and conferring process shall be deemed withdrawn until <br /> the meeting and conferring process is next opened for such discussion. <br /> -38 - <br />