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~i <br />~ ~ <br />STEP 4: If the grievance is not satisfactorily <br />sett~Ied at Step 3, the Union may, within thirty (30) <br />calendar days after receipt of the Step 3 answer, <br />submit the matter to arbitration. The Union shall <br />notify the City of its intent to appeal the griev- <br />ance to arbitration in writing. Promptly thereafter <br />representatives of the City and the Union shall meet <br />for the purpose of attempting to select an arbitrator <br />by agreement. If they cannot so agree, the Union <br />shall send written notice of its intent to arbitrate <br />the grievance to the American Arbitration Associ- <br />tion. The American Arbitration Association shall <br />submit a panel of seven (7) arbitrators to each - <br />party and the arbitrator shall then be chosen in '"~ <br />accordance with the Association's then applicable =- <br />rules. The fees and expenses of meeting room and <br />stenographic service shall be borne equally by the <br />parties. <br />14. In the event a grievance goes to arbitration, the <br />arbitrator shall have jurisdiction only over disputes <br />arising out of grievances and the arbitrator shall have no <br />authority to add to, subtract from, or modify in any way the <br />provisions of this Memorandum. The arbitration will be <br />conducted under the voluntary labor arbitration rules of the <br />American Arbitration Association. <br />15. All awards of the arbitrator and all pre-arbitration <br />grievance settlements reached by the Union and the City <br />shall be final, binding, and conclusive on the City, the <br />Union, and the employees. A grievance may be withdrawn <br />without prejudice by the Union at any time during Steps 1, 2, <br />3 or 4 of the grievance procedure. All monies agreed to be <br />due in a pre-arbitration settlement or following an arbitra- <br />tion award shall be paid to the employee on the payday for <br />the pay period following the date of the agreement as to the <br />exact amount owed. Such sum shall be issued in a separate <br />payroll check. <br />16. No grievance will be lprocessed unless it is filed <br />within the time-limit established for filing grievances. If <br />a grievance is not appealed by the Union to the next higher <br />step within the. time limites established in the grievance <br />procedure, the grievance will be deemed to be settled on the <br />- 7 - <br /> <br />