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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, citing the specific section of the <br /> Memorandum of Understanding he/she believes <br /> violated, together with a statement of the <br /> resolution desired. The City Manager shall <br /> designate a personal representative who shall not <br /> be the Personnel Officer to investigate the merits <br /> of the complaint, to meet with the complainant and, <br /> if the complainant is not the Association, to meet <br /> also with the officials of the Association, and <br /> attempt to settle the grievance. <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 grievance shall be submitted <br /> to an Adjustment Board comprised of two persons <br /> appointed by the Association and two persons <br /> appointed by the City Manager. Majority decisions <br /> of Adjustment Boards on matters properly before <br /> them shall be final and binding on the parties <br /> hereto to the extent permitted by the ordinance and <br /> resolutions of the City. <br /> <br /> (5) If an Adjustment Board is unable to arrive at a <br /> majority decision the grievance may then be <br /> referred to the City Manager. The City Manager <br /> shall investigate the merits of the grievance, meet <br /> with the grievant and attempt to resolve the <br /> grievance. <br /> <br /> (6) If the grievance is not resolved through the <br /> procedures set forth above, the grievance may be <br /> referred to the City Council as the final step in <br /> the grievance procedure. <br /> <br />22.3 No Adjustment Board shall entertain, hear, decide, or <br /> make 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 />22.4 No Adjustment Board shall have the power to amend or <br /> modify this Memorandum of Understanding or written <br /> agreement or addenda supplementary hereto or to <br /> establish any new terms or conditions of employment. <br /> <br />Memorandum of Understanding <br />Page 25 <br /> <br /> <br />