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on selection of the arbitrator within fifteen (15) <br />days, they shall jointly request a list of five (5) <br />qualified arbitrators from the California State <br />Mediation and Conciliation Service. If mutual <br />selection cannot be made from the list received <br />within five (5) days, the parties shall select the <br />arbitrator by alternately striking names until only <br />one name remains; that person shall serve as the <br />arbitrator. The party which strikes the first name <br />from the list of arbitrators shall be determined by <br />a toss of a coin. The fees and expenses of the <br />arbitrator and of a Court Reporter shall be shared <br />equally by the Employee Union and the City. Each <br />party, however, shall bear the cost of its own <br />presentation, including preparation and post <br />hearing briefs, if any. <br />Decisions of Arbitrators on matters properly before <br />them shall be final and binding on the parties <br />hereto. <br />No Arbitrator shall entertain, hear, decide or make <br />recommendations on any dispute involving a position <br />over which a recognized employee organization has <br />jurisdiction unless such dispute falls within the <br />definition of a grievance as hereinabove set forth <br />in paragraph (1) of this Section. <br />Proposals to add or change this Memorandum of <br />Understanding or written agreements or addenda <br />supplementary hereto shall not be arbitrable and no <br />proposal to modify, amend or terminate this <br />Memorandum of Understanding, nor any matter or <br />subject arising out of or in connection with such <br />proposal, may be referred for arbitration under <br />this section; and no Arbitrator shall have the <br />power to amend or modify this Memorandum of <br />Understanding or written agreements or addenda <br />supplementary hereto or to establish any new terms <br />or conditions of employment. <br />(3) All grievances involving or concerning the payment of <br />compensation shall be initially filed in writing with <br />the Personnel Director. In such cases no adjustment <br />shall be retroactive for more than sixty (60) days from <br />the date upon which the grievance was filed. Only <br />grievances which allege that employees are not being <br />compensated in accordance with the provisions of this <br />Memorandum of Understanding shall be considered as <br />grievances. Any other matters of compensation are to <br />be resolved in the meeting and conferring process and <br />if not detailed in the Memorandum of Understanding <br />which results from such meeting and conferring process <br />shall be deemed withdrawn until the meeting and <br />26 <br />