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<br />Step 1: Within seven (7) calendar days after the receipt of the written notice of <br />grievance, the necessary parties to the grievance, including but not limited to the Business <br />Representative of the involved Local Union, or the City's authorized representative or his/her <br />designee, or the representative of the construction person, or the representative of the <br />involved Contractor shall confer and attempt to resolve the grievance. <br /> <br />Step 2: In the event that the representatives are unable to resolve the dispute within <br />seven (7) calendar days after its referral to Step 1, either involved party may submit the <br />dispute within three (3) calendar days to a subcommittee of the Joint Administrative <br />Committee consisting of one (1) person selected by the City and one (1) person selected by <br />the Council, which shall meet within seven (7) calendar days after such referral (or such longer <br />time as mutually agreed upon by all representatives of the subcommittee), to confer in an <br />attempt to resolve the grievance. If there is a unanimous decision by the subcommittee, the <br />decision will be binding on all parties. The Union(s) shall notify its International Union <br />representative(s), which shall advise both parties if it intends on participating in a Step 2 <br />meeting. If the dispute is not resolved within such time (seven (7) calendar days after its <br />referral or such longer time as mutually agreed upon) it may be referred within seven (7) <br />calendar days by either party to Step 3. <br /> <br />Step 3: In the event the matter is not settled or otherwise resolved in a final and <br />binding manner by the Committee, either party may demand arbitration. The parties shall <br />provide a list to each other of their preferred arbitrators. The parties shall flip a coin to <br />determine who shall strike the first name and shall then alternatively strike names from the list <br />and the last remaining name shall be the neutral third party arbitrator who shall have the <br />power to resolve the dispute in a final and binding manner. The costs of the arbitration shall be <br />evenly split by the parties with each bearing the cost of their own legal counsel. Upon mutual <br />agreement of the parties, the matter may be heard on an expedited basis, by telephone or <br />other electronic means, and the arbitrator may render a "bench decision". <br /> <br />11.3 The Arbitrator shall arrange for a hearing no later than fourteen (14) calendar days <br />after the matter has been submitted to arbitration. A decision shall be given to the parties <br />within five (5) calendar days after completion of the hearing unless such time is extended by <br />mutual agreement. A written opinion may be requested by a party from the Arbitrator. The time <br />limits specified in any step of the Grievance Procedure set forth in Section 11.2 may be <br />extended by mutual agreement of the parties initiated by the written request of one party to the <br />other, at the appropriate step of the Grievance Procedure. However, failure to process a <br />grievance, or failure to respond in writing within the time limits provided above, without the <br />request for an extension of time, shall be deemed a waiver of such grievance without <br />prejudice, or without precedent to the processing of and/or resolution of like or similar <br />grievances or disputes. <br /> <br />11.4 The decision of the Arbitrator shall be binding upon all parties. The Arbitrator shall not <br />have authority to change, amend, add, or detract from any of the provisions of the Agreement. <br />The expenses of the Arbitrator shall be borne equally by both parties. <br /> <br />11.5 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this <br />Grievance Procedure, the parties agree that such settlements shall not be precedent setting. <br />