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<br /> Steps 4 and 5 below which has not first been filed and investigated <br /> pursuant to Step 3. The Human Resources Director shall respond <br /> to the grievance in writing within twenty (20) working days of receipt <br /> of the written grievance. <br />27.2.4 Step 4 - City Manager Level: In the event the grievant is not <br /> satisfied with the response from the Human Resources Director, <br /> the grievant or his/her representative shall have twenty (20) <br /> working days from the date response is received from the Human <br /> Resources Director to refer the matter to the City Manager. <br /> Any such referral shall be in writing, and the specific issues <br /> involved shall be detailed in such referral together with a statement <br /> of the nature of the relief sought. The City Manager shall designate <br /> a personal representative who shall not be the Human Resources <br /> Director to investigate the merits of the grievance, to meet with the <br /> grievant, and if the grievant is not the Union, to meet also with the <br /> officials of the Union, and to settle such grievance or to make <br /> recommendations thereon to the City Manager. The City Manager <br /> shall respond to the grievance within twenty (20) working days of <br /> receipt of the written grievance. <br />27.2.5 Step 5 - Bindinq Arbitration: In the event the Union is not satisfied <br /> with the response from the City Manager, the Union shall have <br /> 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 <br /> impartial arbitrator who shall be designated by mutual agreement <br /> between the Union and the City Manager. If the parties cannot <br /> agree on an arbitrator, the State Mediation and Conciliation Service <br /> shall be requested to supply a panel of five (5) names. Alternate <br /> names shall be stricken until only one name remains. The party to <br /> strike first shall be chosen by lot. The fees and expenses of the <br /> 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 <br /> own presentation, including preparation and post hearing briefs, if <br /> any. <br />27.2.6 Decisions of arbitrators on matters properly before them shall be <br /> final and binding on the parties hereto, to the extent permitted by <br /> the Charter of the City. <br />27.2.7 No arbitrator shall entertain, hear, decide or make <br /> recommendations on any dispute involving a position over which a <br /> recognized employee organization has jurisdiction unless such <br /> 47 <br />