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,fz <br />~. Page 9 <br />Step 5 - (A) If the Grievance is not satisfactorily settled at Step 4, <br />C the Association, or the F~nployee's representative may, within thirty <br />days after receipt of the Step 4 decision, submit the matter to <br />arbitration. The Association, or the ~loyee's representative shall <br />notify the bnployer of its intent to appeal the Grievance to arbitration <br />in writing. Within five days, representatives of the Association, or <br />the ~loyee's representative, and the Moyer shall meet for the purpose <br />of attempt3.r~g to select an Arbitrator by -agreement. If they cannot so <br />agree, either party shall send a written notice of its intent to arbitrate <br />the Grievance to the Federal Mediation and Conciliation Service. The <br />Federal Mediation and Conciliation Service shall submit a panel of five <br />arbitrators and the arbitrator shall be selected by alternate striking <br />within five days after receipt of the list. <br />(B) The arbitrator shall have no ,power or authority to add to, subtract <br />from, or in any manner alter the specific terms of this agreement, or to <br />make any award requiring the coimdssion of any act prohibited by. law, <br />or to make arty award that itself is contrary to law or violates arty of <br />the terms and conditions of this agreement. <br />(C) The arbitrator shall hold a hearing within thirty days of notifi- <br />cation of appointment, He shall establish the hearing time and place, <br />but it shall be, where feasible, within the jurisdiction of the City. <br />(D) Not later than five days before the hearing, each of the parties <br />shall submit to the arbitrator and to the opposing party a written report <br />stunnarizing the unresolved issue, the party's requested method of <br />resolution, and the rationale for that position. <br />(E) All awards of the arbitrator and all pre-arbitrati~ Grievance <br />settlements reached by the Association and the employer shall be final, <br />binding and conclusive on the Association and the D~loyer. <br />(F) The fees of the arbitrator, expenses of meeting ~, and Steno- <br />graphic services shall be borne equally by the parties. <br />7.4 A Grievance may be withdrawn without prejudice at any tame. <br />7.5 Both F2nployer and the Association, in good faith, shall make every attempt. to <br />resolve all Grievances at the lowest step in the .Grievance procedure, <br />AF~PICIE VIII <br />PF~SONNEL RIDIJCTION <br />8.1 When a positi~ in the Fire Department is abolished, and the position is above <br />the rank of Fire Fighter 1st Class, the least Senior officer in such rank <br />shall be demoted to the next lower rank and the least Senior officer in such <br />lower rank shall be demoted, and so an davn until the least Senior person <br />has been reached acid he shall be laid off. <br />