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<br />47 <br /> <br />the date response is received from the Personnel Officer to refer the matter to the City Manager. <br /> <br />Any such referral shall be in writing, and the specific issues involved shall be detailed in such <br />referral together with a statement of the nature of the relief sought. The City Manager shall <br />designate a personal representative who shall not be the Personnel Officer to investigate the <br />merits of the grievance, to meet with the grievant, and if the grievant is not the Union, to meet also <br />with the officials of the Union, and to settle such grievance or to make recommendations thereon to <br />the City Manager. The City Manager shall respond to the grievance within twenty (20) working <br />days of receipt of the written grievance. <br /> <br />26.2.5 Step 5 - Binding Arbitration: In the event the Union is not satisfied with the response from the City <br />Manager, the Union shall have twenty (20) working days from the date a response is received from <br />the City Manager to require that the grievance be referred to an impartial arbitrator who shall be <br />designated by mutual agreement between the Union and the City Manager. If the parties cannot <br />agree on an arbitrator, the State Mediation and Conciliation Service shall be requested to supply a <br />panel of five (5) names. Alternate names shall be stricken until only one name remains. The party <br />to strike first shall be chosen by lot. <br /> <br />The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the <br />Union and the City. Each party, however, shall bear the cost of its own presentation, including <br />preparation and post hearing briefs, if any. <br /> <br />26.2.6 Decisions of arbitrators on matters properly before them shall be final and binding on the parties <br />hereto, to the extent permitted by the Charter of the City. <br /> <br />26.2.7 No arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a <br />position over which a recognized employee organization has jurisdiction unless such dispute falls <br />within the definition of a grievance as set forth in Article 26.1 above. <br /> <br />26.2.8 Proposals to add or change this Memorandum of Understanding or written agreements or agenda <br />supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this <br />Memorandum of Understanding, nor any matter or subject arising out of or in connection with such <br />proposal, may be referred for arbitration under this Article; and no arbitrator shall have the power to <br />amend or modify this Memorandum of Understanding or written agreements or agenda <br />supplementary hereto or to establish any new terms or conditions of employment. <br /> <br />26.3 All grievances involving or concerning the payment of compensation shall be initially filed in writing <br />with the Personnel Officer within twenty (20) working days of the time that the worker becomes <br />aware shall be implemented or reasonably should have become aware of the act or rise to the <br />grievance. Except in cases involving reclassification, as provided for in Article 12 of this <br />Agreement, no adjustment shall be retroactive for more than sixty (60) days from the date upon <br />which the grievance was filed. <br /> <br /> Only grievances, which allege that workers are not being compensated in accordance with the <br />provisions of this Memorandum of Understanding, shall be considered as grievances. Any other <br />matters of compensation are to be resolved in the meeting and conferring process and, if not <br />detailed in the Memorandum of Understanding which results from such meeting and conferring <br />process, shall be deemed withdrawn until the meeting and conferring process is next opened for <br />such discussion. <br /> <br />6.3.B. - Page 57