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40 <br /> 17.3.3 Level III - Appeal to Personnel Officer <br /> <br />17.3.3.1 If the grievant is not satisfied with the decision at Level II, <br />the grievant may within ten (10) days of the receipt of the <br />decision at Level II appeal the decision on the appropriate <br />form to the Personnel Officer. This statement shall include <br />a copy of the original grievance and appeal, and a clear, <br />concise statement of the reasons for the appeal. Evidence <br />offered in support of a disciplinary grievance filed pursuant <br />to Section 17.2.3 of this MOU shall be submitted in the <br />form of written declarations executed under penalty of <br />perjury. <br /> <br />17.3.3.2 The Personnel Officer shall communicate the decision to <br />the grievant within ten (10) days. If the Personnel Officer <br />does not respond within the time limits provided, the <br />grievant may appeal to the next level. <br /> <br />17.3.4 Level IV - Binding Arbitration <br /> <br />17.3.4.1 If the grievant is not satisfied with the decision at Level III, <br />the grievant may within ten (10) days of the receipt of the <br />decision submit a request in writing to the Association for <br />arbitration of the dispute. Within twenty (20) days of the <br />grievant's receipt of the decision at Level III, the <br /> <br />Association shall inform the City of its intent as to whether <br />or not the grievance will be arbitrated. The Association <br />and the City shall attempt to agree upon an arbitrator. If <br />no agreement can be reached, they shall request that the <br />State Conciliation Service supply a panel of five names of <br />persons experienced in hearing grievances in cities. Each <br />party shall alternately strike a name until only one <br />remains. The remaining panel member shall be the <br />arbitrator. The order of the striking shall be determined by <br />lot. <br /> <br />17.3.4.2 If either the City or the Association so requests, a separate <br />arbitrator shall be selected to hear the merits of any issues <br />raised regarding the arbitrability of a grievance. No <br />hearing on the merits of the grievance will be conducted <br />until the issue of arbitrability has been decided. The <br />process to be used in selecting an arbitrator shall be as set <br />forth in 17.3.4.1. <br /> <br />17.3.4.3 The arbitrator shall, as soon as possible, hear evidence and <br />render a decision on the issue or issues submitted to him. <br />If the parties cannot agree upon a submission agreement, <br />the arbitrator shall determine the issues by referring to the <br />written grievance and the answers thereto at each step. <br /> <br />6.1.C. - Page 51