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6 <br /> C. A Agency's failure to maintain its No Service Disruption Guarantee and, unless <br /> exempted under Section VI below, to follow its Labor Harmony Plan may result in <br /> the mid-term termination of that Agency's contract for Services. <br /> D. In addition, the County may, in its sole discretion, deduct from the compensation <br /> that would otherwise have been paid to a Agency of Services the cost to the <br /> County of mitigating the impact on its clients caused by disruption of Services in <br /> violation of the Agency's No Service Disruption Guarantee. <br /> E. If the Agency and an exclusive bargaining representative, if any, do not take <br /> progressively responsible steps to restore Services within a reasonable period of <br /> time after a service disruption caused by labor unrest, such determination to be <br /> made in the sole and absolute discretion of the County, the County may <br /> terminate the Agency's contract for cause. <br /> F. A history of disruptions to Services due to labor unrest may also result in a <br /> disqualification of the Agency from the award of future County contracts for <br /> Services. <br /> IV. APPEALS OF SANCTIONS <br /> A Agency may choose to appeal the imposition of the sanctions described above, <br /> such appeal to be submitted in writing to the Director of the Snohomish County <br /> Human Services Department within thirty (30) calendar days of their assessment by <br /> the County. All appeals will be reviewed and decided within 15 calendar days of <br /> submittal by a panel of three (3) persons appointed by the County Executive, one of <br /> whom shall be the Director of the Snohomish County Human Services Department. <br /> None of the three (3) persons shall be employed by either the Agency or the labor <br /> organization. The review on appeal shall be limited to whether there was a <br /> reasonable basis for the original imposition of sanctions. The decision of the panel <br /> will be final, after which no further appeals will be accepted by the County. <br /> V. ARBITRATION PROCEDURES <br /> If a Agency and a labor organization or collective bargaining representative cannot <br /> agree on a Labor Harmony Plan as provided in §§ II.B and II.0 above, either or both <br /> may submit the matter to a neutral third-party arbitrator. The arbitrator's decision will <br /> not in any way establish the terms of a collective bargaining agreement unless both <br /> parties agree to the terms. <br /> In determining the appropriateness and efficacy of the parties' proposals, the <br /> arbitrator shall compare the parties' proposals with agreements entered into by other <br /> employers and labor organizations involving services similar to the Services under <br /> similar working conditions and with other similarly situated employees in comparable <br /> communities in the state of Washington unless an inadequate number of <br /> t- <br /> A-1 76-04-198 <br /> Cic'of Everett—Carl Gipson Senior Center <br /> (aG^ 3of4'_e <br /> 47 <br />