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8 <br />arbitrator shall be chosen from the list provided in Appendix B. Notice to the arbitrator shall be by <br />the most expeditious means available, with notices by facsimile, electronic mail or telephone to the <br />party alleged to be in violation, to the City, to the Council and to the involved local Union if a Union <br />is alleged to be in violation of this Agreement. <br />4.2.2 Upon receipt of said notice, the arbitrator named above or an agreed upon alternate from <br />the list provided in Appendix B shall convene a hearing within twenty-four (24) hours if it is <br />contended that the violation still exists. <br />4.2.3 The Arbitrator shall notify the parties by facsimile, electronic mail or telephone of the <br />place and time for the hearing. Said arbitration shall be completed in one session, which,with <br />appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24)hours unless <br />otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay <br />the hearing of evidence or the issuance of any award by the arbitrator. <br />4.2.4 Thesoleissueatthehearingshallbewhether ornotaviolation ofArticle4,Section <br />4.1 of this Agreement has occurred. The arbitrator’s decision shall be issued in writing within three (3) <br />hours after the close of the hearing, and may be issued without a written opinion.If any party desires <br />a written opinion, one shall be issued within fifteen (15)calendar days, but its issuance shall not <br />delay compliance with or enforcement of the award. The arbitrator may order cessation of the <br />violation of this Article 4 and other appropriate relief and such award shall be served on all <br />parties by hand or the most expedient means allowed by law that meets the timelines set forth <br />herein. <br />4.2.5 Such award may be enforced by any Court of competent jurisdiction upon the filing of <br />this Agreement and all other relevant documents referred to above in the following manner: <br />Written notice of the filing of such enforcement proceedings shall be given to the other party. In <br />the proceeding to obtain a temporary order enforcing the arbitrator's decision as issued under <br />Section 4.2.4 of this Article 4, all parties waive the right to a hearing and agree that such <br />proceedings may be ex parte. Such agreement does not waive any party's right to participate in a <br />hearing for a final order or enforcement. The Court's order or orders enforcing the arbitrator's <br />award shall be served on all parties by hand or the most expedient means allowed by law that meets <br />thetimelines setforth herein. <br />4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with <br />the above procedure orwhich interfere with compliance arewaived by the parties. <br />4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party <br />instituting the arbitration proceedings provided in this Article and the party alleged to be in breach <br />of its obligations under this article. <br />4.3 Liquidated Damages. If the arbitrator determines that a violation of Section 4.1 has <br />occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take all <br />steps necessary to immediately cease such activities and return to work.If the breaching party <br />involved does not cease such activities by the beginning of the next regularly scheduled shift <br />following the expiration of the eight (8) hour period after the arbitrator’s issuance of the <br />decision, then the breaching party shall pay the sum of ten thousand dollars ($10,000) as <br />liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retain <br />jurisdiction for the sole purpose of determining compliance with this obligation and determining <br />the amount of liquidated damages, if any; but such retention shall not prevent the moving party <br />from seeking judicial enforcement of the initial decision.