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10.03 In the event a grievance goes to arbitration, the arbitrator shall have jurisdiction only over <br />disputes arising out of grievances, and in reaching the arbitrator's decision, the arbitrator shall <br />have no authority to add to or subtract from or modify in any way the provisions of this Agreement. <br />10.04 The grievance procedure set forth herein shall be the exclusive method of reviewing and <br />settling disputes between the City and the Union and/or between the City and employee(s). All <br />hearings shall start at a mutually agreeable time. The Union may make non -substantive <br />amendments to the grievance at Steps I, II and III. All decisions of arbitrators and all pre - <br />arbitration grievance settlements reached by the Union and the City shall be final, conclusive and <br />binding on the City, the Union and employee(s). A grievance may be withdrawn by the Union at <br />any time during Steps I, II, III or IV of the grievance procedure, and the withdrawal of any <br />grievance shall not be prejudicial to the positions taken by the parties as they relate to that or any <br />other grievance. The grievant may be present and participate at each step of the grievance <br />procedure. <br />10.05 Time limits set forth in a grievance procedure shall, unless extended by mutual written <br />agreement of the City and the Union, be binding on both parties. Failure by the Union to meet its <br />time limits shall result in the abandonment of the grievance. Failure by the City to meet its time <br />limits shall result in the grievance advancing to the next step. Working days, as provided in the <br />grievance procedure, shall not include Saturdays, Sundays or holidays. It is understood that there <br />shall be written acknowledgment noting the time and date the Union and the City have received <br />the grievance in each respective step during the grievance procedure. All withdrawals of <br />grievances by the Union shall be in writing with a copy being sent to the appropriate Directors. <br />10.06 There shall be a grievance committee consisting of the Chapter Chairperson, Chief <br />Steward, Chapter Secretary and applicable steward, and any other person mutually agreed upon. <br />10.07 Any grievance which has been appealed to arbitration may be referred to grievance <br />mediation by either party. The parties shall attempt to use a commissioner provided by the Federal <br />Mediation and Conciliation Service (FMCS) for the purpose of serving as a mediator in any <br />dispute. If such commissioner is not readily available, the parties may select another mediator by <br />either mutual agreement or through a list provided by FMCS pursuant to that organization's rules <br />of conciliation. The cost for any mediation shall be shared equally by the parties. <br />10.08 Mediation efforts shall be informal in nature. The mediator may employ all the techniques <br />commonly associated with mediation, including private caucuses with the parties. No verbatim <br />record of the proceeding shall be taken. Formal rules of evidence will not apply and there will be <br />no procedural constraint regarding the review of facts or arguments. Written materials presented <br />to the mediator will be returned to the party at the conclusion of the conference. <br />10.09 If the grievance remains unresolved at the end of the mediation session, the mediator may <br />provide an oral (or, if the parties prefer, a written) advisory opinion as to how the grievance is <br />likely to be decided if it is presented at arbitration. This opinion is non -binding and inadmissible <br />in any subsequent arbitration proceeding. Nothing said or done by the mediator and no settlement <br />offer made by a party may be referenced or introduced into evidence at an arbitration of this <br />grievance. <br />8 <br />