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(b) The Association may notify the Human Resources Director or designated <br />representative in writing that a grievance exists, and in such notification state the <br />particulars of the grievance and if possible, the nature of the determination which <br />is desired. The Human Resources Director or designated representative shall <br />thereupon investigate the issues involved, meet with the grievant and attempt to reach a satisfactory resolution of the problem. No grievance may be processed <br />under paragraphs (c) and (d) below which has not first been filed and investigated <br />in pursuance of this paragraph (b). <br /> (c) Any grievance which has not been resolved by the procedures herein above set <br />forth may be referred to the City Manager by the Association or by the Human <br />Resources Director. Any such referral shall be in writing, and the specific issues involved shall be detailed in such referral together with a statement of the 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, <br />and to settle such grievance or to make recommendations thereon to the City <br />Manager. <br /> (d) In the event the parties hereto are unable to reach a mutually satisfactory accord <br />on any grievance, excluding termination cases, (as the term "grievance" is hereinabove defined) which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an <br />Adjustment Board comprised of three (3) employee representatives, and three (3) <br />representatives of the City. <br /> (e) If an Adjustment Board is unable to arrive at a majority decision, either the <br />Association or the City may require that the grievance be referred to an impartial <br />arbitrator who shall be designated by mutual agreement between the Association and the City Manager. The fees and expenses of the arbitrator and of a Court <br />Recorder shall be shared equally by the Association and the City. Each party, <br />however, shall bear the cost of its own presentation, including preparation and <br />post hearing briefs, if any. <br /> Decisions of Adjustment board or Arbitrators on matters properly before them shall be <br />final and binding on the parties hereto, to the extent -permitted by the Charter of the City. <br /> No Adjustment Board or Arbitrator shall entertain, hear, decide or make <br />recommendations on any dispute involving a position over which the Association has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of this section. <br /> Proposals to add or change this Memorandum of Understanding or written agreements or <br />addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend <br />or terminate this Memorandum of Understanding, nor any matter or subject arising out of <br />or in connection with such proposal, may be referred for arbitration under this section; <br />and neither any Adjustment Board nor any Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda <br />supplementary hereto or to establish any new terms or conditions of employment. <br />