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6.B. - Page 142 of 366 TENTATIVE AGREEMENT BETWEEN CITY OF REDWOOD CITY AND REDWOOD CITY POLICE SUPERVISORS ASSOCIATION (RCPSA) RE: 2018 SUCCESSOR MOU NEGOTIATIONS 4516.3.4.1 If the grievant is not satisfied with the decision at Level III, the grievant may within ten (10) days of the receipt of the decision submit a request in writing to the Association for arbitration of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the Association shall inform the City of its intent as to whether or not the grievance will be arbitrated. The Association and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five names of persons experienced in hearing public safety grievances in cities. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. 4516.3.4.2 If either the City or the Association so requests, a separate arbitrator shall be selected to hear the merits of any issues raised regarding the arbitrability of a grievance. No hearing on the merits of the grievance will be conducted until the issue of arbitrability has been decided. The process to be used in selecting an arbitrator shall be as set forth in 15.3.4.1. 4316.3.4.3 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 4516.3.4.4 The City and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this MOU at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any Iimitations or obligations not specifically provided for under the terms of this MOU. The Arbitrator shall be without power of authority to make any decision that requires the City or management to do an act prohibited by law. 4-516.3.4.5 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. 41