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<br />6.1A <br />Page 42 <br /> <br />raised regarding the arbitrabltity of a grievance. No <br />hearing on the merits of the grievance will be conducted <br />until the issue of arbitrability has been decided. The <br />process to be used in selecting an arbitrator shall be as set <br />forth in 17.3.4.1. <br /> <br />17.3.4.3 The arbitrator shall, as soon as possible, hear evidence and <br />render a decision on the 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 thereto at each step. <br /> <br />17.3.4.4 The City and the Association agree that the jurisdiction 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, regulations and procedures <br />of the City, nor shall he/she impose any limitations or <br />obligations not specifically 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 /> <br />17.3.4.5 In the event that this grievance 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 /> <br />(1) that the position of the grievant shall be sustained; or <br /> <br />(2) that the position of the Police Chief shall be sustained. <br /> <br />17.3.4.6 After a hearing and after both parties have had an <br />opportunity to make written arguments, the arbitrator shall <br />submit in writing to all parties his findings and award. <br /> <br />17.3.4.7 The award of the arbitrator shall be final and binding. <br /> <br />17.3.4.8 The fees and expenses of the arbitrator shall be shared <br />equally by the City and the Association. <br /> <br />All other expenses shall be borne by the party incurring <br />them, and neither party shall be responsible for the <br />expense of witnesses called by the other. Either party may <br />request a certified court reporter to record the entire <br /> <br />36 <br />