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(3) Any grievance which has not been resolved by the <br /> procedures hereinabove set forth may be referred to <br /> the City Manager by the complainant or by the <br /> Personnel Officer. Such referral shall be in <br /> writing, detailing the specific issues involved in <br /> the referral together with a statement of the <br /> resolution desired. The City Manager shall <br /> designate a personal representative who shall not be <br /> the Personnel Officer to investigate the merits of <br /> the complaint, to meet with the complainant and, if <br /> the complainant is not the Union, to meet also with <br /> the officials of the Union, and to settle the <br /> grievance or to make recommendations to the City <br /> Manager. <br /> <br />(4) If the parties are unable to reach a mutually <br /> satisfactory accord on any grievance which arises <br /> and is presented during the term of this Memorandum <br /> of Understanding, such grievances shall be submitted <br /> to an Adjustment Board Comprised of two (2) Union <br /> representatives, no more than one (1) of whom shall <br /> be either an employee of the City or an elected or <br /> appointed official of the Union, and two (2) <br /> representatives of the City, no more than one (1) of <br /> whom shall be either an employee of the City or a <br /> member of the staff of any organization employed to <br /> represent the City in the meeting and conferring <br /> process. <br /> <br />(5) If an Adjustment Board is unable to arrive at a <br /> majority decision, either the Union or the City may <br /> require that the grievance be referred to an <br /> impartial arbitrator who shall be designated by <br /> mutual agreement between the Union 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 Union and the City. Each party, however, shall <br /> bear the cost of its own presentation, including <br /> preparation and post hearing briefs, if any. <br /> <br />(6) Decisions of Adjustment Boards and arbitrators on <br /> matters properly before them shall be final and <br /> binding on the parties hereto, to the extent <br /> permitted by the Ordinance Code and resolutions of <br /> the City. <br /> <br /> - 33 - <br /> <br /> <br />