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(E) The arbitrator shall have no power or authority to add to, <br />subtract from, or in any manner alter the specific terms of this <br />agreement, or to make any award requirin; the commission of any act <br />prohibited by law, or to ma.ke any award that itself is contrary to <br />law or violates any of the terms and conditions of this agreement. <br />(C) The arbitrator shall hold a hearing within thirty days of <br />notification of appointment. He sha.ll establish the hearing time <br />and place, but it shall be, where feasible, within the jurisdiction <br />of the City. <br />(D) Not later than five days before the hearin?, each of the <br />parties shall subr.iit to the arbitrator anci to the opposing party a <br />written report sur.unarizing the unresolved issue, the party's <br />requested Method of resolution, and the rationale for that <br />position. <br />(E) All awar3s of the arbitrator and all pre-arbitration Grievance <br />settlements reached by the Association and the Employer sha.ll be <br />final, binding and conclusive on the Association and the Fanployer. <br />(F) The fees of the arbitrator, expenses of ineetirg roonLS, and <br />Stenographic services shall be borne ecually by the parties. <br />7.4 A Grievance may be withdrawn without pre judice at any tir,ie. <br />? 7.5 Both Enployer and the Association, in good faith, shall make every <br />? attempt to resolve all Grievances at the lowest step in the. <br />Grievance procedure. <br />ARTICLE VIII <br />PERSONNr,L RIDUCTION <br />8.1 When a position in the Fire Department is abolished, and the <br />positicn is above the rank of Fire Fighter lst Class, the least <br />Senior officer in such rank shall be demoted to the next lower rank <br />and the least Senior officer in such 1.ower rank shall be demoted, <br />and so on down tmtil the least Senior person has been reached and <br />he sha.ll be laid off. <br />8,2 When a Fire Fighter`s position, lst or 2nd Class, Fire Cadet, or <br />Fire Cadet/Paramedic, has been abolished and is re-established, the <br />person who previously held that position shall be entitled to that <br />position. If a position above the rank of Fire Fighter lst or 2nd <br />Class is abolished, then re-established, the person who previously <br />held that positicn shall be entitled to that position. No new <br />Fmployees shall be hired until all laid off Fmployees within that <br />classification have been given the opportunity to return to work. <br />Any Finployee laid off for more than thirty-six consecutive months <br />shall not be called to return to work. <br />-11- <br />_