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9.3.2 The Mayor or designee shall respond to the grievance within ten (10) working days. If <br /> the Association elects to arbitrate, the Association shall give written notice to the City of <br /> its intent to arbitrate within forty-five(45)working days of the Mayor's response. <br /> 9.3.3 Whenever the employer fails to respond within the time limits set forth in this section, the <br /> grievance will automatically advance to the next step. Only the signatory parties may <br /> submit grievances to arbitration. <br /> 9.3.4 The Everett Police Officers Association shall be the exclusive representative of any <br /> aggrieved employee. Pursuance of any and all grievances shall be determined exclusively <br /> by the Association in conjunction with the procedures established in this Agreement. <br /> Any decision by the Association to terminate the pursuance of a grievance shall be final <br /> and binding upon the aggrieved member; provided that nothing herein shall be construed <br /> so as to limit an employee's right to resolve employment issues in accordance with RCW <br /> 41.56.080. <br /> 9.4 Arbitration of Grievances. <br /> 9.4.1 The City and Association representatives will discuss the appointment of an arbitrator <br /> within ten calendar days after the notification of appeal. If they cannot agree on the <br /> arbitrator, they shall submit a request to the Federal Mediation and Conciliation Service <br /> for a listing of seven (7) professional arbiters whose principle residence is Washington or <br /> Oregon and who are members of the National Academy of Arbitrators. The City and the <br /> Association representatives will take turns striking names off the list until only one (1) <br /> person remains on the list. A coin flip shall determine whether the City representative or <br /> the Association representative will strike the first name on the list. The Arbitration <br /> Committee shall observe the timeframes provided within the Rules for Voluntary <br /> Arbitration of the American Arbitration Association. The cost of arbitration shall be <br /> borne equally by both parties, and each party shall pay its respective representatives' or <br /> attorneys' fees. The City and the Association agree that the decision of this committee <br /> shall be final and binding upon both parties. <br /> 9.4.2 The arbitrator shall render his/her decision solely based on the interpretation and <br /> application and provisions of this Agreement. Neither the arbitrator nor any other person <br /> or persons involved in the grievance process shall have the power to negotiate new <br /> agreements or to change any of the present provisions of this Agreement. <br /> 9.4.3 All time limits in this procedure shall be maximum, unless the parties agree to extend the <br /> time limits through mutual agreement. <br /> 12 <br />