Common use of Step Five Clause in Contracts

Step Five. If a grievance is not resolved by the City Manager, arbitration shall be the final step of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay, unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before the hearing. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action.

Step Five. If a grievance is not resolved by the City Manager, arbitration shall be the final step of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW Local 1245 shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay, unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before the hearing. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action.

Step Five. If a grievance is not resolved by the City Manager, arbitration shall be the final step of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW Local 1245 shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record make an audio recording of the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay, unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before the hearing. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the this MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the this MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action.

Step Five. If a the grievance is not resolved by to the satisfaction of the individual or organization filing the grievance, then the individual or organization filing the grievance shall notify the City Manager in writing, within seven (7) calendar days after the decision of the Human Resources Director, that the grievance has not been resolved. The City Manager shall review the grievance and shall prepare a written decision to the grievance within fourteen (14) calendar days after receipt of the decision of the Human Resources Director. The parties agree that Steps 4 and 5 can be combined and one response written for both steps. A copy of the decision shall be delivered to the individual or organization filing the grievance. If the aggrieved party is dissatisfied with the decision of the City Manager, arbitration the grievant shall have thirty (30) calendar days to appeal the grievance to the Sixth Step. Mediation: If the grievant is not satisfied with the decision or adjustment at Step Five, then the individual or organization filing the grievance and the City may submit the matter for grievance mediation in accordance with the procedures in Appendix B hereto. Arbitration: If the grievant is not satisfied with the decision or adjustment at Step Five, an arbitrator, acceptable to both parties, shall be appointed. The American Arbitration Association (AAA) shall be contacted by the final step Union, in writing, to obtain a list of appeal for grievances arbitrators within ten (10) calendar days after the receipt of the decision or adjustment of the City Manager or his representative, with a copy to the Chief of Police and disciplineappropriate Deputy or Assistant City Manager. It is agreed by both The parties that shall move to select an arbitrator within twenty (20) calendar days of the date AAA transmits the list of arbitrators. AAA rules shall apply to all arbitration procedures, including the selection of arbitrators. The decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expensebinding. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. HoweverThe Union and the City shall each share the filing fees, administrative fees, or panel fees charged by the AAA. The City, however, shall pay all such administrative fees, filing fees or panel fees in the event a terminated employee selects this grievance and arbitration procedure in lieu of his or her rights to proceed under the civil service laws for cases involving employment terminations. The expense of the expert witnesses shall be paid by the party producing same; and, in the event there is a transcript of proceedings, the cost, if any, of cancellation or postponement party ordering the transcript shall be responsible for the financial responsibility cost of the party requesting such delay, unless mutually agreed by the partiessaid transcript. The decision, opinion, or award Arbitrator shall be based on the record developed by the parties before the hearing. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has have no power to render a decision that will add to, subtract from, or alter, change or modify the terms of the MOU this agreement and his/her power shall be limited to interpretation or the written ordinances, resolutions, rules, regulations and procedures application of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the express terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary actionthis agreement.

Step Five. If a grievance is not resolved by the City Manager, arbitration shall be the final step of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator Board of Education is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen not acceptable to the City must be notified Union, then the Union may, within fifteen calendar thirty (30) days of the City Managerdate of the decision, make a written request to the Board (by delivery to the Secretary of the Board) for arbitration of the grievance, providing such grievance relates to the application or interpretation of this Agreement or disciplinary matter. a) After receipt of the Union's decision. Within ten request for arbitration, the Employer and the Union shall meet within seven (7) calendar days after the request date of receipt of the notice from the Union, in an attempt to make one last effort to resolve the issue. If they are unable to resolve the dispute at that point, the Union may file at the appropriate office of the American Arbitration Association a formal demand for arbitration is received by the City, or at provided said dispute involves an alleged violation of a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at specified article and/or section of this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW shall alternately strike names until one name remains; this person shall be the arbitratorAgreement. If the State Conciliation and Mediation Service cannot provide Union fails to exercise the privilege of arbitration within a list of five arbitratorsten (10) workday period following the "last effort" attempt to resolve the dispute, then the same request grievance shall be made of deemed resolved. If the parties are unable to agree upon an arbitrator, (experienced and knowledgeable in school administration and financing) the arbitrator shall be appointed by the American Arbitration Association. To insure that The Arbitrator so selected will confer with the arbitration process is as brief parties and economical as possible, hold hearings promptly and will issue a decision not later than twenty (20) days from the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent date of the parties, issue a decision, opinion or award orally upon submission close of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay, unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before the hearing. The Arbitrator's decision shall be in writing and shall contain set forth the crucial reasons supporting findings of fact, reasoning and conclusions on the decision and awardissues submitted. Hearings shall be held at Whitehall, Michigan, in accordance with the rules of the American Arbitration Association. b) The powers of the Arbitrator are expressly limited as follows: 1) The arbitrator has shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. 2) The arbitrator shall have no power to establish salary scales or change any existing salary schedules. 3) The arbitrator shall have no power to hear or decide issues other than the MOU or one expressly disclosed in the written ordinancesoriginal grievance. 4) The arbitrator's authority shall be limited to deciding whether a specific article and section of this Agreement has been violated and shall be subject to, resolutionsin all cases, rulesthe rights, regulations responsibilities and procedures authority of the City, nor shall he/she impose any limitations or obligations not specifically provided for parties under the terms of the MOUMichigan General School Laws, or any other national or state laws. The arbitrator shall be without power not usurp the functions of the Board of Education or authority to make any decision that requires the City or management to do an act prohibited by law. proper exercise of its judgment and discretion under law and this Agreement. 5) The arbitrator has Arbitrator shall have no power to add hear or decide any matter properly within the jurisdiction of any other state agency. 6) The decision of the arbitrator shall be final and binding if within the scope of the arbitrator's authority. 7) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. Either party may demand that the evidence and proceedings shall be stenographically reported and the cost thereof and all other expenses shall be borne by the party incurring them, including their own witnesses, provided they furnish the arbitrator and the other party copies of the evidence and proceedings. 8) No party, other than the Union, may invoke the arbitration request or process. c) An employee may present a grievance to a disciplinary actionthe Employer and have the grievance adjusted, without intervention of the Union or its bargaining representative, if the adjustment is not inconsistent with the terms of this Agreement, provided that the Union has been given as opportunity to have representation present at such adjustment.

Step Five. If a grievance (a) In the event the grievant is not resolved by dissatisfied with the City Managerdetermination of the Board of Education aforesaid, arbitration shall be and in the final step of appeal for grievances and discipline. It is agreed by both parties further event that the decision grievance involves the interpretation or application of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the partiescontract, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration arbitration. A request for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally made in writing no later than fifteen (15) working days following the determination of the Board. Failure to request arbitration within said period of time shall constitute an absolute bar to such arbitration unless the Board of Education and the M.I.E.A. shall mutually agree upon a longer time within which to assert such a demand. (b) The arbitrator shall have no power or authority to add to, subtract from, change or modify any of the terms of this agreement. (c) Within ten (10) working days after the M.I.E.A. shall have delivered the written request for arbitration, the Board and the M.I.E.A. shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time period, a request for a list of arbitrators shall be made to the Public Employment Relations Commission, and the parties shall abide by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility procedures of the party requesting such delayCommission for the selection of the arbitrator. (d) The arbitrator so selected shall confer with the representatives of the Board and the M.I.E.A. and shall hold hearings promptly, unless mutually agreed by and he shall issue his decision not later than twenty (20) calendar days from the partiesclose of hearings, or if oral hearing has been waived, then from the date that the final statements and proofs are submitted to him. The decision, opinion, or award shall be based on the record developed by the parties before the hearing. The arbitrator's decision shall be in writing and shall contain set forth his findings of fact, reasoning and conclusions on the crucial reasons supporting the decision and awardissue submitted. The arbitrator has no power to add to, subtract from, or modify the terms decision of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority submitted to make any decision that requires the City or management to do an act prohibited Board and the Association and shall be advisory only. (e) The costs for the services of the arbitrator including per diem expenses, if any, and the cost of the hearing room, if any, shall be borne equally. Any other expenses incurred shall be paid by law. The arbitrator has no power to add to a disciplinary actionthe party incurring such expenses.

Step Five. If a grievance the disciplinary appeal is not resolved by the City Manager, arbitration shall be the final step in Step Four of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues or in the event that step was waived by mutual agreement of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties next step shall meet be referral by the employee to select an impartial arbitratorarbitration. If no agreement is reached at this meeting, The fifth step shall be taken within twenty (20) work days of the date the mediator has released the parties from the mediation process in Step Four or the date of the answer to Step Three in the event Step Four is waived by mutual agreement of the parties. (a) An Arbitrator shall immediately and jointly request the State Conciliation and Mediation Service be appointed on each occasion that a disciplinary appeal is submitted to submit to them a panel arbitration. The Arbitrator shall be chosen by mutual agreement of five arbitrators from which the City and employee. In the IBEW event that City and the employee or their representative are unable to agree on the selection of an Arbitrator, they shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot request SMCS provide a list of five arbitrators, (5) persons to be the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expenseArbitrator. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought City and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her their representative and each will alternately challenge two (2) of such nominees, the employer's representative. i. party having the first challenge to be determined by lot. The arbitration hearing remaining nominee shall be held on accepted as the employer's premises. j. The cost of arbitration Arbitrator and their compensation and expenses shall be borne equally by the partiesCity and the employee. HoweverNotwithstanding the foregoing, the costCity and the employee may, if anyby mutual consent, agree on a single arbitrator to hear the disciplinary appeal, on the same cost sharing basis. The City and the employee shall pay the compensation and expenses of cancellation their respective witnesses. At the employee’s or postponement their representative’s request, the City shall release employees from duty to participate in arbitration proceedings. (b) The Arbitrator shall hold such hearings and shall consider such evidence as to the Arbitrator appears necessary and proper, or as may be the financial responsibility of the party requesting such delay, unless mutually agreed stipulated by the parties. The decision, opinion, or award Arbitrator shall be based on fully vested with the record developed power to render a decision regarding whether; 1) a workplace rule, regulation or policy was violated by the parties before employee; and; 2) whether the hearingdiscipline imposed by the City is appropriate. The Arbitrator shall have the authority to modify the discipline imposed by the City provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies, resolutions or ordinances. The decision of the Arbitrator shall be in writing final and shall contain binding on City and the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary actionemployee.

Step Five. If a the grievance is not resolved by to the satisfaction of the individual or organization filing the grievance, then the individual or organization filing the grievance shall notify the City Manager in writing, within seven (7) calendar days after the decision of the Assistant or Deputy City Manager, that the grievance has not been resolved. The City Manager shall review the grievance and shall prepare a written decision to the grievance within fourteen (14) calendar days after receipt of the decision of the Assistant or Deputy City Manager. A copy of the decision shall be delivered to the individual or organization filing the grievance. If the aggrieved party is dissatisfied with the decision of the City Manager, arbitration the grievant shall have thirty (30) calendar days to appeal the grievance to the Sixth Step. Mediation: If the grievant is not satisfied with the decision or adjustment at Step Five, then the individual or organization filing the grievance and the City may submit the matter for grievance mediation in accordance with the procedures in Appendix B hereto. Arbitration: If the grievant is not satisfied with the decision or adjustment at Step Five, an arbitrator, acceptable to both parties, shall be appointed. The American Arbitration Association (AAA) shall be contacted by the final step Union, in writing, to obtain a list of appeal for grievances arbitrators within ten (10) calendar days after the receipt of the decision or adjustment of the City Manager or his representative, with a copy to the Police Chief and disciplineappropriate Deputy or Assistant City Manager. It is agreed by both The parties that shall move to select an arbitrator within twenty (20) calendar days of the date AAA transmits the list of arbitrators. AAA rules shall apply to all arbitration procedures, including the selection of arbitrators. The decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision. Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the IBEW shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expensebinding. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. HoweverThe Union and the City shall each share the filing fees, administrative fees, or panel fees charged by the AAA. The City, however, shall pay all such administrative fees, filing fees or panel fees in the event a terminated employee selects this grievance and arbitration procedure in lieu of his or her rights to proceed under the civil service laws for cases involving employment terminations. The expense of the expert witnesses shall be paid by the party producing same; and, in the event there is a transcript of proceedings, the cost, if any, of cancellation or postponement party ordering the transcript shall be responsible for the financial responsibility cost of the party requesting such delay, unless mutually agreed by the partiessaid transcript. The decision, opinion, or award Arbitrator shall be based on the record developed by the parties before the hearing. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has have no power to render a decision that will add to, subtract from, or alter, change or modify the terms of the MOU this agreement and his/her power shall be limited to interpretation or the written ordinances, resolutions, rules, regulations and procedures application of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the express terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary actionthis agreement.