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<br />shail notify the City of its intent to appeal the grievance to arbitration in writing. Promptly <br />thereafter, representatives of the City and fhe Union shall meet for the purpose of attempting ta <br />select an arbitrator by agreement. If they cannot so agree, the Union shall send written notice <br />of its intent to arbitrate the grievance to the Federal Mediation and Conciliation Services. If the <br />Union does not send this notice to the Federal Mediation and Conciliation Services wi#hin <br />ninety (90) days of notifying the City of its intent to arbitrate a grievance, then the grievance <br />shall be considered withdrawn. The Federaf Mediation and Concifiation Services shall submit a <br />panel af seven (7) arbitrators to each party and the arbitrator shall then be chosen in <br />accordance with Association's then applicable rules. The fees and expenses of the Arbitrator, <br />the meeting room and stenographic service shall be borne by the losing party. The affected <br />employee shall be required to attend the aforementioned meeting. <br />Section 3. In the event a grievance goes to arbitrafion, the Arbitrator shall have jurisdiction <br />only over dispufes arising out of grievances and the Arbitrator sha!l have no autharity to add to, <br />subtract from, or modify in any way the provisions of this Agreement. The arbitration will be <br />conducted under the voluntary labor arbitration rules of the Federal Mediation and Conciliation <br />Services. <br />Sectian 4. All awards of the arbitrator and a(I pre-arbitration grievance settlements reached by <br />the Union and the City shaN be final, binding, and conclusive.on the City, the Union, and the <br />employees. A grievance may be withdrawn without prejudice by the Union at any time during <br />Steps 1, 2, 3 or 4 of the Grievance Procedure. All rnonies agreed to be due on a pre-arbitration <br />settlement or following an arbitration award shall be paid to the employee on the payday for the <br />pay period following the date of the agreement as to the exact amount owed. Such sum shall be <br />issued in a separate payrol( check. <br />Section 5. No grievance will be processed unless it is filed within the time limit established for <br />filing grievances. If a grievance is nat appealed by the Union to the next higher step within the <br />time fimits established in the grievance procedure, the grievance will be deemed to be settled <br />on the basis of the City's (ast answer. (f the City fails to answer a grievance within the time <br />7