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<br />53 <br /> <br /> <br />17.3.4.5 In the event that this grievance procedure is used to challenge <br />punitive disciplinary actions as provided in Section 17.2.7 <br />above, the City and the Association agree that the arbitrator <br />shall prepare a written decision containing findings of fact, <br />determinations, of issues and a 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 opportunity <br />to make written arguments, the arbitrator shall submit in <br />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 equally <br />by the City and the Association. <br /> <br />All other expenses shall be borne by the party incurring them, <br />and neither party shall be responsible for the expense of <br />witnesses called by the other. Either party may request a <br />certified court reporter to record the entire arbitration hearing. <br />The cost of the services of such court reporter shall be shared <br />equally by the parties. <br /> <br />17.3.4.9 By filing a grievance and processing it beyond Level III, the <br />grievant expressly waives any right to statutory remedies or to <br />the exercise of any legal process other than as provided by this <br />grievance/arbitration procedure. The processing of a <br />grievance beyond Level III shall constitute an express election <br />on the part of the grievant that the grievance/arbitration <br />procedure is the chosen forum for resolving the issues <br />contained in the grievance, and that the grievant will not resort <br />to any other forum or procedure for resolution or review of the <br />issues. The parties do not intend by the provisions of this <br />paragraph to preclude the enforcement of any arbitration <br />award in any court of competent jurisdiction. <br /> <br /> <br />SECTION 18. DISCIPLINE <br /> <br />18.1 Right of Discipline <br /> <br />The City shall have the right to discipline any employee for just cause. <br /> <br />18.2 Pre-Disciplinary Notice and Hearing <br />6.I. - Page 65 of 84 <br />295