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27 Local 21/SLCEA Memorandum of Understanding January 1, 2025 – December 31, 2029 representative or by the Human Resources Director. Any such referral shall be in writing, and the specific issues involved shall be detailed in such referral together with a statement of the resolution which is desired. The City Manager shall designate a personal representative to investigate the merits of the grievance, to meet with the grievant and to settle such grievance or to make recommendations thereon to the City Manager. This shall be the final step of the grievance procedure unless the Union elects step 4 below. 4) In the event the parties hereto are unable to reach a mutually satisfactory accord on any grievance (as the term "grievance" is hereinabove defined) that arises and is presented during the term of this MOU, such grievance shall be submitted to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. Should the Union and the City Manager fail to reach agreement on selection of the arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service. If mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains; that person shall serve as the arbitrator. The party which strikes the first name from the list of arbitrators shall be determined by a toss of a coin. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto. No arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which the Union has jurisdiction unless such dispute falls within the definition of a grievance as hereinabove set forth in paragraph (A) of this Section. Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred for arbitration under this section; and no Arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. C. All grievances involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. In such cases no adjustment shall be retroactive for more than sixty (60) days from the date upon which the grievance was filed. Only grievances alleging that employees are