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• • <br /> SECTION 20. GRIEVANCE PROCEDURE (Contd.) <br /> F. BINDING ARBITRATION OF GRIEVANCES. In the event that the grievance is <br /> not resolved at Step 5 of subsection D. herein, the grievant or his/her representative <br /> may, within thirty days after receipt of the decision of the department head made <br /> pursuant to said subsection D. request that the grievance be heard by an arbitrator. <br /> G. INFORMAL REVIEW BY DIRECTOR. Prior to the selection of the arbitrator and <br /> submission of the grievance for hearing by said arbitrator, the Office of the Director <br /> of Personnel and Labor Relations shall have ten working days in which to review and •• <br /> seek adjustment of the grievance. <br /> • <br /> H. SELECTION OF ARBITRATOR. The arbitrator shall be selected by mutual • <br /> agreement between the County/Department and the employee or his/her <br /> representative. If the County/Department and the employee or his/her representative <br /> are unable to agree on the selection of an arbitrator, they shall jointly request the <br /> American Arbitration Association to submit a list of five qualified arbitrators. The <br /> County/Department and the employee or his/her representative shall then alternately <br /> strike names from the List until only one name remains, and that person shall serve <br /> as arbitrator. <br /> DUTY OF ARBITRATOR. Except when an agreed statement of facts is submitted <br /> by the parties, it shall be the duty of the arbitrator to hear and consider evidence <br /> submitted by the parties and to thereafter make written findings of fact and a <br /> disposition of the grievance which shall be final and binding upon parties. The <br /> arbitrator shall have no power to amend this Memorandum of Understanding, a <br /> resolution of the Board of Supervisors, the Charter, ordinance, State law, or written <br /> Department rules. or to recommend such an amendment.. <br /> J. PAYMENTS OF COSTS. Each party to a hearing before an arbitrator shall bear <br /> his/her own expense in connection therewith. All fees and expenses of the arbitrator <br /> and of a reporter shall be borne one -half by the Fire Department and one -half by the <br /> grievant. <br /> K. EFFECT OF FAILURE OF TIMELY ACTION. Failure of the employee to file an <br /> appeal within the required time limit at any step shall constitute an abandonment of <br /> the grievance. Failure of the Department to respond within the time limit at any step • <br /> shall result in an automatic advancement of the grievance to the next step. - <br /> L. LBWETATION OF STALE GRIEVANCES. A grievance shall be void unless received <br /> within sixty calendar days from the date upon which the County/Department has <br /> allegedly failed to provide a condition of employment. In no event shall any grievance <br /> include a claim for money relief for more than the sixty day period. <br /> M. DESIGNATION OF APPEAL LEVELS. Each department head shall desi;nate in <br /> writing the positions or levels in his/her department to which the various appeals <br /> provided in subsection D. hereof shall be made. <br /> N. EXCLUSION OF NON - RECOGNIZED ORGANIZATIONS. For the purposes of <br /> this section, the provisions of Section 1 of the Memorandum shall be construed to limit <br /> the employee's right of selection of a representative to the extent that agents of any <br /> other employee organization, which is not a party to this Memorandum, <br /> • <br /> 190 <br /> FIRE - 24 <br />