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<br /> <br />Non-Professional Services Agreement between <br />City of San Leandro and GARLAND/DBS, INC.—Exhibit F Page 14 of 22 <br /> <br />Step 1: Within seven (7) calendar days after the receipt of the written notice of grievance, the <br />necessary parties to the grievance, including but not limited to the Business Representative of the involved <br />Local Union, or the City's authorized representative or his/her designee, or the representative of the <br />construction person, or the representative of the involved Contractor shall confer and attempt to resolve the <br />grievance. <br /> <br />Step 2: In the event that the representatives are unable to resolve the dispute within seven (7) <br />calendar days after its referral to Step 1, either involved party may submit the dispute within three (3) <br />calendar days to a subcommittee of the Joint Administrative Committee consisting of one (1) person <br />selected by the City and one (1) person selected by the Council, which shall meet within seven (7) calendar <br />days after such referral (or such longer time as mutually agreed upon by all representatives of the <br />subcommittee), to confer in an attempt to resolve the grievance. If there is a unanimous decision by the <br />subcommittee, the decision will be binding on all parties. The Union(s) shall notify its International Union <br />representative(s), which shall advise both parties if it intends on participating in a Step 2 meeting. If <br />the dispute is not resolved within such time (seven (7) calendar days after its referral or such longer <br />time as mutually agreed upon) it may be referred within seven (7) calendar days by either party to Step <br />3. <br /> <br />Step 3: In the event the matter is not settled or otherwise resolved in a final and binding <br />manner by the Committee, either party may demand arbitration. The parties shall provide a list to each <br />other of their preferred arbitrators. The parties shall flip a coin to determine who shall strike the first <br />name and shall then alternatively strike names from the list and the last remaining name shall be the <br />neutral third party arbitrator who shall have the power to resolve the dispute in a final and binding manner. <br />The costs of the arbitration shall be evenly split by the parties with each bearing the cost of their own legal <br />counsel. Upon mutual agreement of the parties, the matter may be heard on an expedited basis, by <br />telephone or other electronic means, and the arbitrator may render a "bench decision". <br /> <br />11.3 The Arbitrator shall arrange for a hearing no later than fourteen (14) calendar days after the <br />matter has been submitted to arbitration. A decision shall be given to the parties within five (5) calendar <br />days after completion of the hearing unless such time is extended by mutual agreement. A written opinion <br />may be requested by a party from the Arbitrator. The time limits specified in any step of the Grievance <br />Procedure set forth in Section 11.2 may be extended by mutual agreement of the parties initiated by the <br />written request of one party to the other, at the appropriate step of the Grievance Procedure. However, <br />failure to process a grievance, or failure to respond in writing within the time limits provided above, <br />without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, <br />or without precedent to the processing of and/or resolution of like or similar grievances or disputes. <br /> <br />11.4 The decision of the Arbitrator shall be binding upon all parties. The Arbitrator shall not have authority <br />to change, amend, add, or detract from any of the provisions of the Agreement. The expenses of the Arbitrator <br />shall be borne equally by both parties. <br /> <br />11.5 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of this Grievance <br />Procedure, the parties agree that such settlements shall not be precedent setting. <br />11.6 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, <br />Docusign Envelope ID: 63402776-1199-42D7-87E8-649840160918