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6.1 F <br /> Page 41 <br /> Association shat! inform the City of its intent as to whefiher <br /> or not the grievance will be arbitrated. The Association <br /> and the City shall attempt to agree upon an arbitrator. If <br /> no agreement can be reached, they shall request that the <br /> State Conciliation Service supply a panel of five names of <br /> persons experienced in hearing grievances in cities. Each <br /> party shall alternately strike a name untit only one <br /> remains. The remainin� panel member shalt be the <br /> arbitrator. The order of the striking shall be determined by <br /> tot. <br /> 17.3.4.2 If either the City or the Assaciation so requests, a separate <br /> arbitrator shall be selected to hear the merits of any issues <br /> rai�ed re�arding the arbitrability of a �r�evunce. No <br /> hearing on the merits of the grievance will be c9nducted <br /> until the issue af arbitrability has been decided. The <br /> process to be used in sefecting an arbitrator shall be as set <br /> forth in 17.3.4.1. <br /> 17.3.4.3 The arbitrator shall, as soon as possibte, hear evidence and <br /> render a decision on fihe issue or issues submitted to him. <br /> If the parties cannot agree upon a submission agreement, <br /> the arbitrator shall determine the issues by referring to the <br /> written grievance and the answers thereta at each step. <br /> 17.3.4.4 The City and the Association agree that fihe}urisdiction and <br /> authority of the arbitrator so selected and the opinions the <br /> arbitrator expresses will be confined exclusively to the <br /> interpretation of the express provision or provisions of this <br /> MOU at issue between the parties. The arbitrator shall <br /> have no authority to add to, subtract from, alter, amend, <br /> or modify any provisions of this MOU or the written <br /> ordinances, resolutions, rules, regutations and procedures <br /> of the City, nor shall he/she impose any [imitations or <br /> obti�ations not specifical[y provided for under the terms of <br /> this MOU. The Arbitrator shall be without power of <br /> authority to make any decision that requires the City or <br /> management to do an act prohibited by law. <br /> 17.3.4.5 In the event that this �rievance procedure is used to <br /> challenge punitive disciplinary actions as provided in <br /> Section 17.2.7 above, the City and the Association agree <br /> that the arbitrator shall prepare a written decision <br /> containing findings of fact, determinations, of issues and a <br /> disposition either: <br /> 38 <br />