Laserfiche WebLink
41 <br /> <br />17.3.4.4 The City and the Association agree that the jurisdiction and <br />authority of the arbitrator so selected and the opinions the <br />arbitrator expresses will be confined exclusively to the <br />interpretation of the express provision or provisions of this <br />MOU at issue between the parties. The arbitrator shall <br />have no authority to add to, subtract from, alter, amend, <br />or modify any provisions of this MOU or the written <br />ordinances, resolutions, rules, regulations and procedures <br />of the City, nor shall he/she impose any limitations or <br />obligations not specifically provided for under the terms of <br />this MOU. The Arbitrator shall be without power of <br />authority to make any decision that requires the City or <br />management to do an act prohibited by law. <br /> <br />17.3.4.5 In the event that this grievance procedure is used to <br />challenge punitive disciplinary actions as provided in <br />Section 17.2.7 above, the City and the Association agree <br />that the arbitrator shall prepare a written decision <br />containing findings of fact, determinations, of issues and a <br />disposition either: <br /> <br />(1) that the position of the grievant shall be sustained; or <br /> <br />(2) that the position of the Police Chief shall be sustained. <br /> <br />17.3.4.6 After a hearing and after both parties have had an <br />opportunity to make written arguments, the arbitrator shall <br />submit in writing to all parties his findings and award. <br /> <br />17.3.4.7 The award of the arbitrator shall be final and binding. <br /> <br />17.3.4.8 The fees and expenses of the arbitrator shall be shared <br />equally by the City and the Association. <br /> <br />All other expenses shall be borne by the party incurring <br />them, and neither party shall be responsible for the <br />expense of witnesses called by the other. Either party may <br />request a certified court reporter to record the entire <br />arbitration hearing. The cost of the services of such court <br />reporter shall be shared equally by the parties. <br /> <br />17.3.4.9 By filing a grievance and processing it beyond Level III, the <br />grievant expressly waives any right to statutory remedies or <br />to the exercise of any legal process other than as provided <br />by this grievance/arbitration procedure. The processing of <br />a grievance beyond Level III shall constitute an express <br />election on the part of the grievant that the <br />grievance/arbitration procedure is the chosen forum for <br />resolving the issues contained in the grievance, and that <br />the grievant will not resort to any other forum or <br />6.1.C. - Page 52