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<br /> <br />00059814-1 <br /> 43 <br /> <br /> 21.2.6.3 Contract interpretation grievances may only be referred to Binding Arbitration <br />after they have been thoroughly processed through Article 21.2.4 of the <br />grievance procedure and a decision has been rendered by the City Manager. <br /> <br /> 21.2.6.4 Within twenty (20) days of the grievant's receipt of the decisions in Article 21.2.4, <br />the Association shall inform the City of its intent as to whether or not the <br />grievance will be arbitrated. The Association and the City shall attempt to agree <br />upon an arbitrator. If no agreement can be reached, they shall request that the <br />State Conciliation Service supply a panel of five (5) names of persons <br />experienced in hearing grievances in cities. Each party shall alternately strike a <br />name until only one remains. The remaining panel member shall be the <br />arbitrator. The order of the striking shall be determined by lot. <br /> <br /> 21.2.6.5 If either the City or the Association so requests, a separate arbitrator shall be <br />selected to determine the issue of arbitrability. No hearing on the merits of the <br />grievance will be conducted until the issue of arbitrability has been decided. The <br />process to be used in selecting an arbitrator shall be as set forth in Article <br />21.2.6.4. <br /> <br /> 21.2.6.6 The arbitrator shall, as soon as possible, hear evidence and render a decision on <br />the issue or issues submitted to him or herthem . If the parties cannot agree <br />upon a submission agreement, the arbitrator shall determine the issues by <br />referring to the written grievance and the answers thereto at each step. <br /> <br /> 21.2.6.7 The City and the Association agree that the jurisdiction and authority of the <br />arbitrator so selected and the opinions the arbitrator expresses will be confined <br />exclusively to the interpretation of the express provision or provisions of this <br />Agreement at issue between the parties. The arbitrator shall have no authority to <br />add to, subtract from, alter, amend, or modify any provisions of this Agreement or <br />the written ordinances, resolutions, rules, regulations and procedures of the City, <br />nor shall he or shethey impose any limitations or obligations not specifically <br />provided for under the terms of this Agreement. The Arbitrator shall be without <br />power of authority to make any decision that requires the City or management to <br />do an act prohibited by law. <br /> <br /> 21.2.6.8 The City and the Association agree that the arbitrator shall prepare a written <br />decision containing findings of fact, determinations, of issues and a disposition <br />either: <br />(1) that the position of the Association shall be sustained; or <br />(2) that the position of the City shall be sustained. <br /> <br /> 21.2.6.9 After a hearing and after both parties have had an opportunity to make written <br />arguments, the arbitrator shall submit in writing to all parties his or hertheir <br />findings and award. <br /> <br /> 21.2.6.10 The award of the arbitrator shall be final and binding. <br /> <br /> 21.2.6.11 The fees and expenses of the arbitrator shall be shared equally by the City and <br />the Association. <br /> <br />6.I. - Page 57 of 119 <br />471