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a mutually satisfactory accord on any grievance (as <br />the term "grievance" is hereinabove defined) which <br />arises and is presented during the term of this <br />Memorandum of Understanding, such grievance shall <br />be submitted to an impartial arbitrator who shall <br />be designated by mutual agreement between the <br />Employee Association and the City Manager.Should <br />the Association and the City Manager fail to reach <br />agreement on selection of the arbitrator within <br />fifteen (15) days, they shall jointly request a <br />list of five (5) qualified arbitrators from the <br />California State Mediation and Conciliation <br />Service. If mutual selection cannot be made from <br />the list received within five (5) days, the parties <br />shall select the arbitrator by alternately striking <br />names until only one name remains; that person <br />shall serve as the arbitrator. The party which <br />strikes the first name from the list of arbitrators <br />shall be determined by a toss of a coin. The fees <br />and expenses of the arbitrator and of a Court <br />Reporter shall be shared equally by the Employee <br />Association and the City. Each party, however, <br />shall bear the cost of its own presentation, <br />including preparation and post hearing briefs, if <br />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 />25 <br />