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<br /> 21.2.6.4 Within twenty (20) days of the grievant's receipt of the <br /> decisions in Section 21.2.5, the Association shall infonn the City <br /> of its intent as to whether or not the grievance will be arbitrated. <br /> The Association and the City shall attempt to agree upon an <br /> arbitrator. Ifno agreement can be reached, they shall request that <br /> the State Conciliation Service supply a panel of five names of <br /> persons experienced in hearing grievances in cities. Each party <br /> shall alternately strike a name until only one remains. The <br /> remaining panel member shall be the arbitrator. The order of the <br /> striking shall be detennined by lot. <br /> 21.2.6.5 If either the City or the Association so requests, a separate <br /> arbitrator shall be selected to detennine the issue of arbitrability. <br /> The process to be used in selecting an arbitrator shall be as set <br /> forth in 21.2.6.4. <br /> 21.2.6.6 The arbitrator shall, as soon as possible, hear evidence and <br /> render a decision on the issue or issues submitted to him. If the <br /> parties cannot agree upon a submission agreement, the arbitrator <br /> shall detennine the issues by referring to the written grievance and <br /> the answers thereto at each step. <br /> 21.2.6.7 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 /> Agreement at issue between the parties. The arbitrator shall have <br /> no authority to add to, subtract from, alter, amend, or modify any <br /> provisions of this Agreement or the written ordinances, resolutions, <br /> rules, regulations and procedures of the City, nor shall he/she <br /> impose any limitations or obligations not specifically provided for <br /> under the tenns of this Agreement. 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 /> 21.2.6.8 The City and the Association agree that the arbitrator shall <br /> prepare a written decision containing findings of fact, <br /> detenninations, of issues and a disposition either: <br /> (1) that the position of the association shall be sustained; or <br /> (2) that the position of the City shall be sustained. <br /> 21.2.6.9 After a hearing and after both parties have had an opportunity <br /> to make written arguments, the arbitrator shall submit in writing to <br /> all parties his findings and award . <br /> 34 <br /> .. "'" ..- - ..-., -", ._-~'_..'.- ~ <br />