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<br /> <br />be processed under paragraphs (c) and (d) below which has not first been filed and <br />investigated in pursuance of this paragraph (b). <br /> <br /> 3) Any grievance which has not been resolved by the procedures hereinabove set forth <br />may be referred to the City Manager by the employee or their representative or by the <br />Human Resources Manager. Any such referral shall be in writing, and the specific <br />issues involved shall be detailed in such referral together with a statement of the <br />resolution which is desired. The City Manager shall designate a personal <br />representative to investigate the merits of the grievance, to meet with the grievant and <br />to settle such grievance or to make recommendations thereon to the City Manager. <br />This shall be the final step of the grievance procedure unless the Union elects step 4 <br />below. <br /> <br /> 4) In the event the parties hereto are unable to reach a mutually satisfactory accord on <br />any grievance (as the term "grievance" is hereinabove defined) which arises and is <br />presented during the term of this Memorandum of Understanding, such grievance shall <br />be submitted to an impartial arbitrator who shall be designated by mutual agreement <br />between the Employee Union and the City Manager. Should the Union and the City <br />Manager fail to reach agreement on selection of the arbitrator within fifteen (15) days, <br />they shall jointly request a list of five (5) qualified arbitrators from the California State <br />Mediation and Conciliation Service. If mutual selection cannot be made from the list <br />received within five (5) days, the parties shall select the arbitrator by alternately <br />striking names until only one name remains; that person shall serve as the arbitrator. <br />The party which strikes the first name from the list of arbitrators shall be determined <br />by a toss of a coin. The fees and expenses of the arbitrator and of a Court Reporter <br />shall be shared equally by the Employee Union and the City. Each party, however, <br />shall bear the cost of its own presentation, including preparation and post hearing <br />briefs, if any. <br /> <br /> Decisions of Arbitrators on matters properly before them shall be final and binding on <br />the parties hereto. <br /> No Arbitrator shall entertain, hear, decide or make recommendations on any dispute <br />involving a position over which a recognized employee organization has jurisdiction <br />unless such dispute falls within the definition of a grievance as hereinabove set forth <br />in paragraph (A) of this Section. <br /> <br /> Proposals to add or change this Memorandum of Understanding or written agreements <br />or addenda supplementary hereto shall not be arbitrable and no proposal to modify, <br />amend or terminate this Memorandum of Understanding, nor any matter or subject <br />arising out of or in connection with such proposal, may be referred for arbitration <br />under this section; and no Arbitrator shall have the power to amend or modify this <br />Memorandum of Understanding or written agreements or addenda supplementary <br />hereto or to establish any new terms or conditions of employment. <br /> <br />C. All grievances involving or concerning the payment of compensation shall be initially <br />filed in writing with the Human Resources Manager. In such cases no adjustment shall be <br />retroactive for more than sixty (60) days from the date upon which the grievance was <br />filed. Only grievances which allege that employees are not being compensated in <br />23