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<br />21.2.4.3 <br /> <br />Upon conclusion of its hearing and investigation the Appeals Board shall certify <br />its findings and recommendations in writing to the Association and to the City <br />Manager within fifteen (15) working days. Within fifteen (15) working days of <br />receipt of the findings and recommendations of the Appeals Board, the City <br />Manager shall advise the interested parties in writing of his decision. The <br />decision of the City Manager shall be final and binding on grievances except <br />those relating to contract interpretation issues. <br /> <br />21.2.5 No grievance involving the suspension, discharge, reduction in pay, or demotion of such an <br />employee will be entertained unless it is filed in writing with the Human Resources Director within <br />five (5) working days of the time at which the affected employee was notified of such action. The <br />Human Resources Director, with the concurrence of the City Manager, and in pursuance of the <br />provisions of Section 21.2.2 above, or the City Manager, in pursuance of the provisions of Section <br />21.2.3 above, may resolve a grievance which involves suspension, discharge, reduction in pay, or <br />demotion. <br /> <br />21.2.6 Binding Arbitration <br /> <br />21.2.6.1 <br /> <br />21.2.6.2 <br /> <br />21.2.6.3 <br /> <br />21.2.6.4 <br /> <br />21.2.6.5 <br /> <br />21.2.6.6 <br /> <br />21.2.6.7 <br /> <br />Only grievances involving contract interpretation disputes may be referred to <br />Binding Arbitration. <br /> <br />Grievances involving the suspension, discharge, reduction in payor demotion of <br />an employee may not be referred to Binding Arbitration. <br /> <br />Contract interpretation grievances may only be referred to Binding Arbitration <br />after they have been thoroughly processed through section 21.2.5 of the <br />grievance procedure and a decision has been rendered by the City Manager. <br /> <br />Within twenty (20) days of the grievant's receipt of the decisions in Section <br />21.2.5, the Association shall inform the City of its intent as to whether or not the <br />grievance will be arbitrated. The Association and the City shall attempt to agree <br />upon an arbitrator. If no agreement can be reached, they shall request that the <br />State Conciliation Service supply a panel of five names of persons experienced <br />in hearing grievances in cities. Each party shall alternately strike a name until <br />only one remains. The remaining panel member shall be the arbitrator. The <br />order of the striking shall be determined by lot. <br /> <br />If either the City or the Association so requests, a separate arbitrator shall be <br />selected to determine the issue of arbitrability. The process to be used in <br />selecting an arbitrator shall be as set forth in 21.2.6.4. <br /> <br />The arbitrator shall, as soon as possible, hear evidence and render a decision <br />on the issue or issues submitted to him. If the parties cannot agree upon a <br />submission agreement, the arbitrator shall determine the issues by referring to <br />the written grievance and the answers thereto at each step. <br /> <br />The City and the Association agree that the jurisdiction and authority of the <br />arbitrator so selected and the opinions the arbitrator expresses will be confined <br />exclusively to the interpretation of the express provision or provisions of this <br />Agreement at issue between the parties. The arbitrator shall have no authority <br /> <br />30 <br />