S tep 4. If a grievance is not resolved at Step 2, either party may refer a grievance to arbitration. Any demand for arbitration shall be in writing and must be received by the Employer's Administrator/D esignee within ten (10) calendar days following the date of a Step 2 written response. The Employer and the Union shall attempt to agree on a neutral arb itrator who shall hear and determine the dispute. If no agreement i s reached, the arbitrator shall be selected from a list of seven (7) neutral arbitrators to be submitted to the parties by the Federal Mediation and Conciliation Service. Each party shall have the right to reject one entire FMCS list, and to request FMCS issuance of a new list. The Employer and the Union shall each alternatively strike one (1 ) name, and the order of striking shall be determined by flip of coin. The remaining arbitrator, after each party has made three (3) strikes, shall hear and determine the dispute.
S tep 4. If a grievance is not resolved in Step 3, the Union may submit a written request for final and binding arbitration within thirty (30) calendar days after receiving the Employer's response to Step 2 or within thirty (30) calendar days of the Step 3 in person meeting, if such meeting occurs. The thirty (30) calendar day filing requirement may be extended by mutual agreement. After the arbitration request either party may request a five (5) arbitrator panel from the Federal Mediation and Conciliation Service. An arbitrator will be selected by the process of striking names. Within fourteen (14) calendar days of receipt of a panel, either party may reject the FMCS panel. Only one (1) grievance at a time may be presented to the selected arbitrator unless other arrangements are mutually agreed to. All costs of the arbitrator, the arbitration hearing facilities and the traditional costs will be shared equally by the Employer and the Union. Each party shall bear the cost of its own witnesses, exhibits, counsel and transcript, if ordered.
S tep 4. If the Union is not satisfied with the answer in Step 3, the Union shall notify the Employer in writing of the Union’s desire to refer the matter to arbitration. The matter will then be referred to arbitration as outlined in Section 4 of this Article. Appeals must be made within thirty (30) calendar days after receipt by the Union of the Employer’s final answer in Step 3.
S tep 4. If the Association is not satisfied with the disposition of the grievance at Step 3 or the time limits expire without issuance of the Board’s written reply, the Association may submit the grievance to binding arbitration. The American Arbitration Association shall act as the Administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) days of the date for the Step 3 answer, the grievance shall be deemed withdrawn.
S tep 4. If the grievance has not been settled at Steps 2 or 3, it may be referred by the Union in writing to the City Manager within ten (10) working days of the response of the Director of Public Works. The City Manager shall meet with the concerned parties and respond in writing within ten (10) working days of his receipt of the grievance.
