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<br /> <br />26 <br />Local 21/SLCEA Memorandum of Understanding January 1, 2022 – December 31, 2024 <br />grievance may be processed under paragraphs (c) and (d) below which has <br />not first been filed and investigated in pursuance of this paragraph (b). <br /> <br /> 3) Any grievance which has not been resolved by the procedures hereinabove <br />set forth may be referred to the City Manager by the employee or their <br />representative or by the Human Resources Director. Any such referral shall <br />be in writing, and the specific issues involved shall be detailed in such <br />referral together with a statement of the resolution which is desired. The <br />City Manager shall designate a personal representative to investigate the <br />merits of the grievance, to meet with the grievant and to settle such <br />grievance or to make recommendations thereon to the City Manager. This <br />shall be the final step of the grievance procedure unless the Union elects <br />step 4 below. <br /> <br /> 4) In the event the parties hereto are unable to reach a mutually satisfactory <br />accord on any grievance (as the term "grievance" is hereinabove defined) <br />that arises and is presented during the term of this Memorandum of <br />Understanding, such grievance shall be submitted to an impartial arbitrator <br />who shall be designated by mutual agreement between the Union and the <br />City Manager. Should the Union and the City Manager fail to reach <br />agreement on selection of the arbitrator within fifteen (15) days, they shall <br />jointly request a list of five (5) qualified arbitrators from the California State <br />Mediation and Conciliation Service. If mutual selection cannot be made <br />from the list received within five (5) days, the parties shall select the <br />arbitrator by alternately striking names until only one name remains; that <br />person shall serve as the arbitrator. The party which strikes the first name <br />from the list of arbitrators shall be determined by a toss of a coin. The fees <br />and expenses of the arbitrator and of a Court Reporter shall be shared <br />equally by the Union and the City. Each party, however, shall bear the cost <br />of its own presentation, including preparation and post hearing briefs, if any. <br /> <br /> Decisions of arbitrators on matters properly before them shall be final and <br />binding on the parties hereto. <br /> <br /> No arbitrator shall entertain, hear, decide or make recommendations on any <br />dispute involving a position over which the Union has jurisdiction unless <br />such dispute falls within the definition of a grievance as hereinabove set <br />forth in paragraph (A) of this Section. <br /> <br /> Proposals to add to or change this Memorandum of Understanding or <br />written agreements or addenda supplementary hereto shall not be <br />arbitrable and no proposal to modify, amend or terminate this Memorandum <br />of Understanding, nor any matter or subject arising out of or in connection <br />with such proposal, may be referred for arbitration under this section; and <br />no Arbitrator shall have the power to amend or modify this Memorandum of