Common use of Step Four - Arbitration Clause in Contracts

Step Four - Arbitration. If the union is not satisfied with the City Manager’s response to the grievance at Step Three, or if for any reason, forty (40) working days have elapsed from the date upon which the grievance was received by the City Manager, the Union may require that the grievance be referred to an impartial arbitrator, who shall be designated by mutual agreement between the Union and the City Manager. Provided further that the Union shall forward to the City the Union’s portion of the State Mediation and Conciliation Services (SMCS) fee within 120 calendar days of receipt of the City Manager’s response. Failure by the Union to meet this 120 calendar days deadline for both referral to Arbitration and payment of the SMCS fee shall be deemed as a full and complete waiver by the Union to appeal the City Manager’s decision to Arbitration and the City Manager decision shall be final and binding on all parties. The fees and expenses of the Arbitrator, the State Mediation and Conciliation Services, and of a Court Reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Arbitrator decisions on matters properly before them shall be in writing and shall be final and binding on both parties hereto to the extent permitted by the Charter of the City.