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21.4 Grievance Level III - Arbitration Either the Union or the City may require that the grievance be referred to an impartial Arbitrator, who shall be designated by mutual agreement between the Union and the City Manager. This referral shall be done within ten (10) days of issuance of the Human Resources Director's decision under Level II. The fees and expenses of the Arbitration and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Decisions of Arbitrators on matters properly before them shall be final and binding on the parties thereto, to the extent permitted by the Charter ofthe City. No Arbitrator shall entertain, hear, decide or make recommendations on any dispute involving a position over which a recognized employee organization has jurisdiction, unless such dispute falls within the definition of a grievance as hereinabove set forth in Section 21.1. Proposals to add to or change this MOU or written agreements or addenda supplementary hereto, shall not be arbitrable and no proposal to modify, amend or terminate this MOU nor any matter or subject arising out of or in connection with such proposal, may be referred for arbitration under this Section; and neither shall any Arbitrator have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. No changes in the MOU or interpretation thereof (except interpretation resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union. 21.5 Disciplinary Actions No grievance involving the discharge or suspension of an employee will be entertained unless it is filed in writing with the Human Resources Director within ten (10) work days from the date ofthe discharge. "Work" days shall be defined by Section 14.2. The Human Resources Director, with the concurrence ofthe City Manager and in pursuance ofthe procedures outlined in Subsection 21.3 hereof, may resolve a grievance which involves discipline. 45