Agmt11 Chief Officers Association (COA)

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2�79.2.6.2 Grievances involving the suspension, discharge, reduction in pay or demotion of an employee may not be referred to Binding Arbitration. 2�19.2.6.3 Contract interpretation grievances may ony be referred to Binding Arbitration after they have been thoroughly processed through section 21.2.5 of the grievance procedure and a decision has been rendered by the City Manager. 2�319.2.6.4 Within twenty (20) days of the grievanPs receipt of the decisions in Section 21.2.5, the Association shall inform the City of its intent as to whether or not the grievance will be arbitrated. The Association and the City shall attempt to agree upon an arbitrator. If no agreement can be reached, they shall request that the State Conciliation Service supply a panel of five names of persons expedenced in hearing grievances in ci6es. Each party shall altemately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the,striking shall be determined by lot. 2319.2.6.5 If either the City or the Association so requests, a separate arbitrator shall be selected to determine the issue of arbitrability. The process to be used in selecting an arbitrator shall be as set forth in �1-2.§.419.2.6.4. 2419.2.6.6 The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 2�179.2.6.7 The City and the Association agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall helshe impose any limitations or obligations not specifically provided for under the terms of this Agreement. The Arbitrator shall be without power of authority to make any decision that requires the City or management to do an act prohibited by law. 2-419.2.6.8 The City and the Association agree that the arbitrator shall prepare a written decision containing findings of fact, determinations, of issues and a disposition either: (1) that the position of the association shall be sustained; or (2) that the position of the City shall be sustained. 2-419.2.6.9 After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his findings and award. ,2�19.2.6.70 The award of the arbitrator shall be final and binding. 2�19.2.6.11 The fees and expenses of the arbitrator shall be shared equally by the City and the Association. 33