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resolution with the management of the department or invoke the procedures <br />hereinafter specified. <br />(b) The Association may notify the Personnel Director or designated representative in <br />writing that a grievance exists, and in such notification state the particulars of the <br />grievance and if possible, the nature of the determination which is desired. The <br />Personnel Director or designated representative shall thereupon investigate the <br />issues involved, meet with the grievant and attempt to reach a satisfactory resolution <br />of the problem. No grievance may be processed under paragraphs (c) and (d) <br />below which has not first been filed and investigated in pursuance of this paragraph <br />(b). <br />(c) Any grievance which has not been resolved by the procedures hereinabove set forth <br />may be referred to the City Manager by the Association or by the Personnel <br />Director. Any such referral shall be in writing, and the specific issues involved shall <br />be detailed in such referral together with a statement of the resolution which is <br />desired. The City Manager shall designate a personal representative who shall not <br />be the Personnel Director to investigate the merits of the grievance, to meet with the <br />grievant, and to settle such grievance or to make recommendations thereon to the <br />City Manager. <br />(d) In the event the parties hereto are unable to reach a mutually satisfactory accord on <br />any grievance, excluding termination cases, (as the term "grievance" is <br />hereinabove defined) which arises and is presented during the term of this <br />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 <br />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 post <br />hearing briefs, if any. <br />Decisions of Adjustment board or Arbitrators on matters properly before them shall be final <br />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 recommendations <br />on any dispute involving a position over which the Association has jurisdiction unless such <br />dispute falls within the definition of a grievance as hereinabove set forth in paragraph (1) of <br />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 or <br />terminate this Memorandum of Understanding, nor any matter or subject arising out of or <br />in connection with such proposal, may be referred for arbitration under this section; and <br />neither any Adjustment Board nor any Arbitrator shall have the power to amend or modify <br />this Memorandum of Understanding or written agreements or addenda supplementary <br />hereto or to establish any new terms or conditions of employment. <br />FA <br />