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(C) All awards of the arbitrator and all pre- arbitration Grievance settlements reached <br />by the Association and the Employer shall be final, binding and conclusive on the <br />Association and the Employer. <br />(D) The fees of the arbitrator, expenses of meeting rooms and stenographic service <br />shall be borne equally by the parties. <br />8.4 A Grievance may be withdrawn without prejudice at any time <br />8.5 Both the Employer and the Association shall in good faith, make every attempt to resolve <br />all Grievances at the lowest step in the Grievance Procedure. <br />8.6 The panel of arbitrators shall consist of the following: 1) Nels Nelson; 2) Alan Miles <br />Ruben; 3) Robert G. Stein; 4) Dennis Byrne; and, 5) Matthew Franckiewicz. <br />ARTICLE IX PERSONNEL REDUCTION <br />9.1 When a position in the Fire Department is abolished or an administrative layoff is <br />ordered, and the position is above the rank of Fire Fighter, the least Senior officer in such rank <br />shall be demoted to the next lower rank and the least Senior officer in such lower rank shall be <br />demoted, and so on down until the least Senior person has been reached and he shall be laid off. <br />9.2 When a Fire Fighter's position, or Fire Cadet /Paramedic, has been abolished and is re- <br />established, or has been administratively laid off and subsequently a decision to refill the <br />position is made, the person who previously held that position shall be entitled to that position. <br />If a position above the rank of Fire Fighter is abolished, then re- established, or administratively <br />laid off, then subsequently a decision to refill is made, the person who previously held that <br />position shall be entitled to that position. No new employees shall be hired until all laid off <br />employees within that classification have been given the opportunity to return to work. Any <br />employee laid off for more that forty -eight (48) consecutive months shall not be called to return <br />to work. <br />9.3 Any Employee who has been laid off shall be subject to the terms and regulations of the <br />Consolidated Omnibus Budget Reconciliation Act (COBRA). <br />9.4 Any employee laid off and subsequently recalled to work shall return to work with all <br />benefits and privileges previously held provided the same have not been used, including but not <br />limited to seniority, accumulated sick leave, holidays and vacation rights. <br />9.5 Employee must report all address and telephone changes while laid off. <br />9.6 Employee must agree to return to work within forty -eight (48) hours of recall or lose his <br />right of recall. Employee must return to work within fourteen (14) days of the date of recall or <br />lose his right to recall. <br />