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<br />6.10 <br />Page 54 <br /> <br />Director within ten (10) days of the decision by the management official (or <br />designee) at Level 1. <br /> <br />The Human Resources Director shall thereupon investigate the issues involved, <br />and meet with the complainant or representative and attempt to reach a <br />satisfactory resolution of the problem. The Human Resources Director shall <br />communicate his/her decision to the Grievant in writing within fourteen (14) <br />days after receiving the grievance. No grievance may be processed under <br />Subsection 21.4 below which has not first been filed and investigated in <br />pursuance of this Subsection 21.3. <br /> <br />21.4 Grievance Level III - Arbitration <br /> <br />Either the Union or the City may require that the grievance be referred to an <br />impartial Arbitrator, who shall be designated by mutual agreement between the <br />Union and the City Manager. This referral shall be done within ten (10) days of <br />issuance of the Human Resources Director's decision under Level II. <br /> <br />The fees and expenses of the Arbitration and of a court reporter shall be <br />shared equally by the Union and the City. Each party, however, shall bear the <br />cost of its own presentation, including preparation and post-hearing briefs, if <br />any. <br /> <br />Decisions of Arbitrators on matters properly before them shall be final and <br />binding on the parties thereto, to the extent permitted by the Charter of the <br />City. <br /> <br />No Arbitrator shall entertain, hear, decide or make recommendations on any <br />dispute involving a position over which a recognized employee organization has <br />jurisdiction, unless such dispute falls within the definition of a grievance as <br />hereinabove set forth in Section 21.1. <br /> <br />Proposals to add to or change this MOU or written agreements or addenda <br />supplementary hereto, shall not be arbitrable and no proposal to modify, <br />amend or terminate this MOU nor any matter or subject arising out of or in <br />connection with such proposal, may be referred for arbitration under this <br />Section; and neither shall any Arbitrator have the power to amend or modify <br />this MOU or written agreements or addenda supplementary hereto or to <br />establish any new terms or conditions of employment. <br /> <br />No changes in the MOU or interpretation thereof (except interpretation <br />resulting from arbitration proceedings hereunder) will be recognized unless <br />agreed to by the City Manager and the Union. <br /> <br />21.5 Disciplinary Actions <br /> <br />No grievance involving the discharge or suspension of an employee will be <br />entertained unless it is filed in writing with the Human Resources Director <br /> <br />4.7 <br />