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8.3.B. - Page 84 <br /> 15.3.4 Level IV-Binding Arbitration <br /> 15.3.4.1 If the grievant is not satisfied with the decision at Level III, the <br /> grievant may within ten (10)days of the receipt of the decision submit <br /> a request in writing to the Association for arbitration of the dispute. <br /> Within twenty (20) days of the grievant's receipt of the decision at <br /> Level III, the Association shall inform the City of its intent as to <br /> whether or not the grievance will be arbitrated. The Association and <br /> the City shall attempt to agree upon an arbitrator. If no agreement can <br /> be reached, they shall request that the State Conciliation Service <br /> supply a panel of five names of persons experienced in hearing <br /> grievances in cities. Each party shall alternately strike a name until <br /> only one remains. The remaining panel member shall be the arbitrator. <br /> The order of the striking shall be determined by lot. <br /> 15.3.4.2 If either the City or the Association so requests, a separate arbitrator <br /> shall be selected to hear the merits of any issues raised regarding the <br /> arbitrability of a grievance. No hearing on the merits of the grievance <br /> will be conducted until the issue of arbitrability has been decided. The <br /> process to be used in selecting an arbitrator shall be as set forth in <br /> 15.3.4.1. <br /> 15.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a <br /> decision on the issue or issues submitted to him/her. If the parties <br /> cannot agree upon a submission agreement, the arbitrator shall <br /> determine the issues by referring to the written grievance and the <br /> answers thereto at each step. <br /> 15.3.4.4 The City and the Association agree that the jurisdiction and authority <br /> of the arbitrator so selected and the opinions the arbitrator expresses <br /> will be confined exclusively to the interpretation of the express <br /> provision or provisions of this MOU at issue between the parties. The <br /> arbitrator shall have no authority to add to, subtract from, alter, amend, <br /> or modify any provisions of this MOU or the written ordinances, <br /> resolutions, rules, regulations and procedures of the City, nor shall <br /> he/she impose any limitations or obligations not specifically provided <br /> for under the terms of this MOU. The Arbitrator shall be without <br /> power of authority to make any decision that requires the City or <br /> management to do an act prohibited by law. <br /> 153.4.5 In the event that this grievance procedure is used to challenge punitive <br /> disciplinary actions as provided in Section 15.2.7 above, the City and <br /> the Association agree that the arbitrator shall prepare a written <br /> decision containing findings of fact, determinations, of issues and a <br /> disposition either: <br /> (1)that the position of the grievant shall be sustained; or <br /> (2)that the position of the Police Chief shall be sustained. <br /> 38 <br />