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(5) The City Manager shall within fourteen (14) calendar days of receipt of the Review <br /> Board's written findings and recommendations review the findings and <br /> recommendations and render a written decision on the grievance. <br /> <br /> (6) The Association may appeal the decision of the City Manager by requesting that the <br /> grievance be referred to an impartial arbitrator. The Association's decision to refer <br /> the griewmce to arbitration shall be made within fourteen (14) days of the <br /> notification of the City Manager's decision. The arbitrator shall be designated by <br /> mutual agreement between the Association and the City Manager. The fees and <br /> expenses of the arbitrator and court reporter shall be shared equally between the City <br /> and the Association. Each party, however, shall bear the cost of its own <br /> presentation, including preparation and post hearing briefs, if any. <br /> <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 and <br /> Resolutions of the City. <br /> <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 /> <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 Association and unless such <br /> dispute falls within the definition of a grievance as set forth in Subsection 27.1. <br /> <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 refen'ed 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 /> <br />27.6 No grievance involving demotion, reduction in pay, suspension, dismissal of an employee <br /> will be entertained unless it is filed in writing with the Personnel Director within seven <br /> (7) working days of the time at which the affected employee was notified of such action. <br /> <br />27.7 If the Personnel Director in pursuance of the procedures outlined in subsection 27.2(3) <br /> above, resolves any grievance which involves suspension or discharge, the Personnel <br /> Director may agree to payment for lost time or to reinstatement with or without payment <br /> for lost time. <br /> <br />27.8 All complaints involving or concerning the payment of compensation shall be initially <br /> filed in writing with the Personnel Director. Only complaints which allege that <br /> 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 /> <br /> -31 - <br /> <br /> <br />