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