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2) The employee or their representative shall notify Human Resources or designated <br /> representative in writing within fifteen(15) days after discussion of the grievance with <br /> the management official in the department in which the employee works that a <br /> grievance exists, and in such notification state the particulars of the grievance and if <br /> possible, the nature of the determination which is desired. The Human Resources <br /> Manager or designated representative shall thereafter investigate the issues involved, <br /> and within fifteen(15) days after written notification by the Union. No grievance may <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 /> 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 /> 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 /> 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 /> 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 /> 23 <br />