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An employee may proceed to arbitration only in <br /> grievances involving discipline and only if the <br /> Association elects not to represent the employee in <br /> the grievance. The arbitrator shall be selected by <br /> mutual agreement between the employee and the City <br /> Manager. The fees and expenses of the arbitrator <br /> and of a court reporter shall be shared equally by <br /> the employee and the City. Each party, however, <br /> · shall bear the cost of its own Presentation, <br /> including preparation and post hearing briefs, if <br /> any. <br /> <br /> (5) Decisions of the arbitrataors on matters properly <br /> before them shall be final and binding on the <br /> parties hereto, to the extent permitted by the <br /> Ordinance Code and Resolutions of the City. <br /> <br /> 22.3 The time limits previously set forth shall be considered <br /> maximums and every effort shall be made to expedite the <br /> process. The limits specified may, however, be extended <br /> by mutual agreement of the parties. <br /> <br /> 22.4 No arbitrator shall entertain, hear, decide or make <br /> recommendations on any dispute unless such dispute <br /> involves a position in a unit represented by the <br /> Association and unless such dispute falls within the <br /> definition of a grievance as set forth in subsection <br /> 22.1. <br /> <br /> 22.5 Proposals to add to or change this Memorandum of <br /> Understanding or written agreements or addenda <br /> supplementary hereto shall not be arbitrable and no <br /> proposal to modify, amend or terminate this Memorandum of <br /> Understanding, nor any matter or subject arising out of <br /> or in connection with such proposal, may be referred to <br /> arbitration under this Section. No arbitrator shall have <br /> the power to amend or modify this Memorandum of <br /> Understanding or written agreement or addenda <br /> supplementary hereto or to establish any new terms or <br /> conditions of employment. <br /> <br /> 22.6 No grievance involving demotion, reduction in pay, <br /> suspension, dismissal of an employee will be entertained <br /> unless it is filed in writing with the City Manager <br /> within seven (7) working days of the time at which the <br /> affected employee was notified of such action. <br /> <br />22.7 If the City Manager in pursuance of the procedures <br /> outlined in subsection 22.2(3) above, resolves the <br /> grievance which involves suspension or discharge, he/she <br /> may agree to payment for lost time or to reinstate with <br /> or without payment for lost time. <br /> <br />Memorandum of Understanding <br />Page 23 <br /> <br /> <br />