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<br /> <br /> <br />EVERETT POLICE OFFICERS ASSOCIATION <br />PAGE 13 <br /> <br />the date of the meeting, whichever is later. Upon the completion of this <br />timeframe if the issue has not been resolved, the Association shall have ten (10) <br />working days to submit the grievance to the Mayor. <br /> <br />9.3.2 The Mayor or designee shall respond to the grievance within ten (10) working <br />days. If the Association elects to arbitrate, the Association shall give written <br />notice to the City of its intent to arbitrate within forty-five (45) working days of <br />the Mayor’s response. <br /> <br />9.3.3 Whenever the employer fails to respond within the time limits set forth in this <br />section, the grievance will automatically advance to the next step. Only the <br />signatory parties may submit grievances to arbitration. <br /> <br />9.3.4 The Everett Police Officers Association shall be the exclusive representative of <br />any aggrieved employee. Pursuance of any and all grievances shall be determined <br />exclusively by the Association in conjunction with the procedures established in <br />this Agreement. Any decision by the Association to terminate the pursuance of a <br />grievance shall be final and binding upon the aggrieved member, provided that <br />nothing herein shall be construed so as to limit an employee's right to resolve <br />employment issues in accordance with RCW 41.56.080. <br /> <br />9.4 Arbitration of Grievances. <br /> <br />9.4.1 For grievances relating to disciplinary actions, discharges, or terminations, the <br />parties shall request an arbitrator from the Public Employment Relations <br />Commission (PERC) consistent with chapter 41.58 RCW. For all other <br />grievances, the City and Association representatives will discuss the appointment <br />of an arbitrator within ten calendar days after the notification of appeal. If they <br />cannot agree on the arbitrator, they shall submit a request to the Federal <br />Mediation and Conciliation Service for a listing of seven (7) professional arbiters <br />whose principal residence is Washington or Oregon and who are members of the <br />National Academy of Arbitrators. The City and the Association representatives <br />will take turns striking names off the list until only one (1) person remains on the <br />list. A coin flip shall determine whether the City representative or the Association <br />representative will strike the first name on the list. The Arbitration Committee <br />shall observe the timeframes provided within the Rules for Voluntary Arbitration <br />of the American Arbitration Association. The cost of arbitration shall be borne <br />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 <br />committee shall be final and binding upon both parties. <br /> <br />9.4.2 The arbitrator shall render their decision solely based on the interpretation and <br />application and provisions of this Agreement. Neither the arbitrator nor any other <br />person or persons involved in the grievance process shall have the power to <br />negotiate new agreements or to change any of the present provisions of this <br />Agreement. <br /> <br />9.4.3 All time limits in this procedure shall be maximum, unless the parties agree to <br />extend the time limits through mutual agreement.