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5. The moving party shall submit a request to the Federal Mediation and Conciliation <br /> Service (FMCS) for a listing of nine (9) professional arbiters whose principle residence is <br /> Washington or Oregon and who are members of the National Academy of Arbitrators. <br /> The City and the Union representatives will take turns striking names off the list of <br /> arbitrators until only one (1) person remains on the list. A coin flip shall determine <br /> whether the City representative or the Union representative will strike the first name on <br /> the list. The arbitrator shall render a decision within thirty (30) working days after the <br /> close of the hearing, unless otherwise agreed. 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 Union agree that the decision of this Committee shall <br /> be final and binding upon both parties. <br /> The arbitrator shall render his/her decision solely based on the interpretation and application <br /> and provisions of this Agreement. Neither the arbitrator nor any other person or persons <br /> involved in the grievance process shall have the power to negotiate new agreements or to <br /> change any of the present provisions of this Agreement. <br /> 33 <br />