Agmt01 MOU RWC Police Sergeants Association

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15.3.4.5 In the event that this grievance procedure is used to challenge punitive disciplinary actions as provided in Section 15.2.7 above, the City and the Association agree that the arbitrator shall prepare a written decision containing findings of fact, determinations, of issues and a disposition either: (1) that the position of the grievant shall be sustained; or (2) that the position of the Police Chief shall be sustained. 15.3.4.6 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and award. 15.3.4.7 The award of the arbitrator shall be final and binding. 15.3.4.8 The fees and expenses of the arbitrator shall be shared equally by the City and the Association. All other expenses shall be bome by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be shared equally by the parties. 15.3.4.9 By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction. 32