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(4 below), which has not first been filed and investigated in accordance with this paragraph <br /> (3). <br /> 4. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises <br /> and is presented during the term of this Memorandum of Understanding, such grievance shall <br /> be submitted to a Review Board comprised of two (2) members of the Union and two (2) Fire <br /> Department management representatives appointed by the Fire Chief. Notification to the Fire <br /> Chief of the need to proceed to this step must occur within 30 days of the Fire Chief's decision <br /> in(3) above,or the grievance is considered settled. <br /> The Review Board shall be convened within twenty-one (21) calendar days from the day the <br /> grievance was submitted to said Board. The Board shall render its findings and <br /> recommendations in writing to the Joint Executive Directors within fourteen(14)calendar days <br /> from the date it completed its review of the grievance, subject to the agreement set forth in <br /> Appendix C. <br /> 5. The Joint Executive Directors shall within fourteen(14)calendar days of receipt of the Review <br /> Board's written findings and recommendations review the findings and recommendations and <br /> render a written decision on the grievance. <br /> 6. The Union may appeal the decision of the Joint Executive Directors by requesting that the <br /> grievance be referred to an impartial arbitrator. The Union's decision to refer the grievance to <br /> arbitration shall be made within fourteen (14) days of the notification of the Joint Executive <br /> Directors decision. The arbitrator shall be designated by mutual agreement between the Union <br /> and the Joint Executive Directors. The fees and expenses of the arbitrator and court reporter <br /> shall be shared equally between the Fire Department and the Union. Each party, however, <br /> shall bear the cost of its own presentation,including preparation and post hearing briefs,if any. <br /> 7. Decisions of arbitrators on matters properly before them shall be final and binding on the <br /> parties hereto, to the extent permitted by law, Ordinances and Resolutions of the Livermore- <br /> Pleasanton Fire Department JPA. <br /> 26.3 The time limits previously set forth shall be considered maximums and every effort shall be made <br /> to expedite the process. The limits specified may, however, be extended by mutual agreement of <br /> the parties. <br /> 26.4 No Review Board and no arbitrator shall entertain, or hear, any dispute unless such dispute <br /> involves a position in the unit represented by the Union and unless such dispute falls within the <br /> definition of a grievance as set forth in Subsection 26.1. <br /> 26.5 Proposals to add to or change this Memorandum of Understanding or written agreements or <br /> addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or <br /> terminate this Memorandum of Understanding, nor any matter or subject arising out of or in <br /> connection with such proposal may be referred to arbitration under this Section. Neither any <br /> Review Board nor any arbitrator shall have the power to amend or modify this Memorandum of <br /> Understanding or written agreement or addenda supplementary hereto or to establish any new <br /> terms or conditions of employment. <br /> 38 <br />