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2) The employee or their representative shall notify the Human Resources Director or designated representative in writing within fifteen (15) days after discussion of the grievance with the management official in the department in which the employee works that a grievance exists, and in such notification state the particulars of the grievance and if possible, the nature of the determination which is desired. The Human Resources Director or designated representative shall thereafter investigate the issues involved, and within fifteen (15) days after written notification by the Union. No grievance maybe processed under paragraphs (c) and (d) below which has not first been filed and investigated in pursuance of this paragraph (b). 3) Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the employee or their representative or by the Human Resources Director. Any such referral shall be in writing, and the specific issues involved shall be detailed in such referral together with a statement of the resolution which is desired. The City Manager shall designate a personal representative to investigate the merits of the grievance, to meet with the grievant and to settle such grievance or to make recommendations thereon to the City Manager. This shall be the final step of the grievance procedure unless the Union elects step 4 below. 4) In the event the parties hereto are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an impartial arbitrator who shall be designated by mutual agreement between the Employee Union and the City Manager. Should the Union and the City Manager fail to reach agreement on selection of the arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service. If mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains; that person shall serve as the arbitrator. The party which strikes the first name from the list of arbitrators shall be determined by a toss of a coin. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Employee Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. Decisions of Arbitrators on matters properly before them shall be final and binding on the parties hereto. No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of this Section. Proposals to add or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred for arbitration under this section; and no Arbitrator shall have the power to amend or modify this 21