Everett Municipal Employees Local 113 AFSCME 1/13/2020

Step 4 If the grievance is not settled in accordance with the foregoing procedure at Step 3,the Union Grievance Committee and/or Executive Board or Employer, as the"moving party,"may refer the grievance to arbitration by providing a written notice for arbitration to the opposing party within thirty (30)working days after receipt of the City's response to Step 3. If the notice for arbitration is not sent within thirty(30)working days,the moving party waives its right to pursue the grievance through the arbitration procedure. Step 5 The moving party shall submit a request for arbitration to the American Arbitration Association requesting a list of seven(7)arbitrators residing and practicing in Washington and Oregon and proficient in public sector arbitration. This request must be made within six(6)months of the notice of appeal as specified in Step 4 or the right to arbitrate will be deemed as waived. The City and the Union,upon receipt of the list of arbitrators, shall meet and take turns striking names from the list until a sole name remains. That person shall be the arbitrator. A coin toss shall determine whether the City or the Union shall strike first. The arbitrator shall issue,a decision within thirty(30)days after the close of the hearing. The cost of the arbitrator shall be borne"equally by both parties and each party shall pay its respective representatives' or attorneys' fees. The decision of the arbitrator shall be final and binding. The arbitrator shall render its decision solely based on the interpretation and application and provisions of this Agreement and shall address only those issues raised in the written grievance. Neither the arbitrator nor any other person or persons involved in the grievance process shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. Section 3: In the case of Library employees,the above Section 2, Steps 1,2 and 5 shall apply. In Section 2, Steps 3 and 4,the Library Board shall respond instead of the Mayor. 43