RES 82368 - Laserfiche WebLink

24.3 24.4 24.5 24.6 (5) If an Adjustment Board is unable to arrive at a majority decision, either the Union or the City may require that tile grievance be referred to an im- partial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (6) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent per- mitted by the Ordinance Code and Resolutions of the City. No Adjustment Board and no arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by this Union and unless such dispute falls within the definition of a grievance as set forth in subsection 24.1. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supple- mentary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Under- standing, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No grievance involving demotion, suspension, dismissal of an employee will be entertained unless it is filed in writing with the Personnel Officer within seventy- two (72) hours of the time at which the affected employee was notified of such action. If the Personnel Officer in pursuance of the procedures outlined in subsection 24.3(2) above, or the City Manager in pursuance of the provisions of subsection 24.2(3) above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstate- menk with or without payment for lost time, but in the event the dispute is refered to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his/her judgment for the judgment of management and if he/she finds that the City had such right, he/she may not order reinstatement and may not assess any penalty upon the City. -25-