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with a statement of the resolution desired. The <br />City Manager and a representative of the PCEA or, if <br />the complainant is not the PCEA, the grievant <br />himself or herself shall designate a party to <br />investigate the merits of the complaint, to meet <br />with the complainant and, if the complainant is <br />not the PCEA, to meet also with the officials of <br />the PCEA, and attempt to settle the grievance. <br /> <br />(4) <br /> <br />If the parties are unable to reach a mutually satis- <br />factory accord on any grievance which arises and is <br />presented during the term of this Memorandum of <br />Understanding, such grievance shall be submitted to <br />an Adjustment Board comprised of two persons appointed <br />by the PCEA and two persons appointed by the City <br />Manager. <br /> <br />(5) <br /> <br />Majority decisions of an Adjustment Board on matters <br />properly before it shall be final and binding on the <br />parties hereto, to the extent permitted by the <br />Ordinance and Resolutions of the City. <br /> <br />(6) <br /> <br />No Adjustment Board shall entertain, hear, decide, <br />or make recommendations on any dispute unless such <br />dispute involves a position in a unit represented by <br />the PCEA and unless such dispute falls within the <br />definition of a grievance as set forth in subsection <br />24.1. Neither shall any Adjustment Board have the <br />power to amend or modify this Memorandum of Under- <br />standing or written agreements or addenda supple- <br />mentary hereto or to establish any new terms or <br />conditions of employment. <br /> <br />(7) <br /> <br />If the grievance is not resolved by the procedures <br />set forth above, the grievance may be referred to <br />a neutral third party acceptable to both the City <br />and the PCEA or if the PCEA is not the complainant, <br />agreeable to the complainant himself or herself. <br />The neutral third party shall investigate the issues, <br />meet with the complainant and recommend a solution to <br />the City Manager. <br /> <br />24.3 <br /> <br />No grievance involving demotion, suspension, dismissal or <br />placement on a probationary period of an employee will be <br />entertained unless it is filed in writing with the <br />Personnel Officer within five (5) working days of the <br />time at which the affected employee was notified of such <br />action. <br /> <br />-37- <br /> <br /> <br />