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15.3.4 Level IV - Bindine Arbitration <br /> <br />15.3.4.1 <br /> <br />If the grievant is not satisfied with the decision at Level III, the <br />grievant may within ten (10) days of the receipt of the decision <br />submit a request in writing to the Association for arbitration of <br />the dispute. Within twenty (20) days of the grievant's receipt of <br />the decision at Level III, the Association shall inform the City of <br />its intent as to whether or not the grievance will be arbitrated. <br />The Association and the City shall attempt to agree upon an <br />arbitrator. If no agreement can be reached, they shall request that <br />the State Conciliation Service supply a panel of five names of <br />persons experienced in hearing grievances in cities. Each party <br />shall alternately strike a name until only one remains. The <br />remaining panel member shall be the arbitrator. The order of the <br />striking shall be determined by lot. <br /> <br />15.3.4.2 <br /> <br />If either the City or the Association so requests, a separate <br />arbitrator shall be selected to hear the merits of any issues raised <br />regarding the arbitrability of a grievance. No hearing on the <br />merits of the grievance will be conducted until the issue of <br />arbitrability has been decided. The process to be used in <br />selecting an arbitrator shall be as set forth in 15.3.4.1. <br /> <br />15.3.4.3 <br /> <br />The arbitrator shall, as soon as possible, hear evidence and render <br />a decision on theissue or issues submitted to him. Iftheparties <br />cannot agree upon a submission agreement, the arbitrator shall <br />determine the issues by refen-ing to the written grievance and the <br />answers thereto at each step. <br /> <br />15.3.4.4 <br /> <br />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 MOU <br />at issue between the parties. The arbitrator shall have no <br />authority to add to, subtract from, alter, amend, or modify any <br />provisions of this MOU or the written ordinances, resolutions, <br />rules, regulations and procedures of the City, nor shall he/she <br />impose any limitations or obligations not specifically provided <br />for under the terms of this MOU. The Arbitrator shall be without <br />power of authority to make any decision that requires the City or <br />management to do an act prohibited by law. <br /> <br />15.3.4.5 <br /> <br />In the event that this grievance procedure is used to challenge <br />punitive disciplinary actions as provided in Section 15.2.7 above, <br />the City and the Association agree that the arbitrator shall <br /> <br />29 <br /> <br /> <br />